CYBERSECURITY & CYBERCRIMES

CYBERSECURITY & CYBERCRIMES

Obiettivi formativi

The course provides insights into cybersecurity and cybercrime regulations in the European and comparative perspective. It offers a comprehensive understanding of cybersecurity and cybercrime legislation, trends and practice, complemented with the analysis of relevant cases. The course aims at enabling students to understand, and develop critical thinking with respect to, the interplay between technical and regulatory issues, the role of risk management in the cybersecurity landscape, and the impact of digitalisation on criminal matters. At the end of the course, students will be also able to carry out a thorough analysis of the crime-risk in the digital environment and to identify the countermeasures to put in place adequate preventive internal controls in public and private organisations.

Risultati di apprendimento attesi

Knowledge and understanding: Upon completing the course, students will be able to understand and critically address the main cybersecurity and cybercrime regulatory issues. Students will be also able to identify and manage the main legal threats arising in the cyberspace and to interpret the evolution of preventive and criminal law strategies in the digital era. Such knowledge will be ascertained through the evaluation of participation and reaction during class discussions, as well as group and individual outputs. At the end of the course, an oral exam will be held. Applying knowledge and understanding: By attending the course, students will be able to apply legal reasoning and to solve practical cases in the cybersecurity and cybercrime environments. Students will be also able to make interdisciplinary connections between different scientific areas (e.g. ICT, computer science, criminal law, compliance). In this way, students will be fully equipped, on theoretical and practical plans, as to access the job market as ‘lawyers 4.0’, corporate advisors, digital managers, able to critically tackle and manage complex cybersecurity and cybercrime issues. Such knowledge will be evaluated taking into account the results of students’ participation in class debate, group presentations, individual outputs and a final oral exam. Making judgments: By using the correct study and research methodology learnt during the course, students will be able to collect data and materials to analyze relevant sources, as well as case law and legal doctrine related to the subjects concerned. Students will be ready to interpret and solve legal issues arising in the cybersecurity and cybercrime areas, handling and managing the threats posed by technology. By the end of the course, students will be able to independently make evaluation of data and materials and to formulate their own critical judgment on the application of fundamental principles and categories of criminal law in such peculiar context. Communication skills: At the end of the course students will be able to use the appropriate technical-legal vocabulary related to cybersecurity and cybercrime environments. Students will develop the ability to communicate in written form through completing the assignments, and oral form through the final exam and the class debate. Students will also foster the development of their language and relational skills in international and multicultural settings. Learning skills: Upon completing the course, students will be able to independently understand and interpret regulatory changes in the cybersecurity and cybercrimes areas. Students will be able to autonomously solve problems and develop a critical approach, as well as operational skills, through interactive discussion, labs, seminars with experts and professionals and carrying out their (collective and individual) project works. They will be ready to deal with and manage real life projects and cases in complex settings.

Contenuti Del Corso

The course is structured in two main parts, complemented with two core labs. The first part of the course will cover cybersecurity issues, outlining the cybersecurity legislation at international and EU levels, with a focus on the NIS Directive and the GDPR, and analyzing national transposition(s) of such instruments. Specific attention will be paid to cyberattacks and to the key policy and regulatory concerns they pose. In this respect, LAB#1 will be dedicated to the management of a data breach and its legal consequences. The second strand of the course will deal with cybercrime. Relevant sources and general substantive criminal law issues will be examined, as well as a “special part” dedicated to the main cybercrimes (interpersonal cybercrimes;
crimes against the confidentiality, integrity and availability of computer data and systems; financial cybercrime; privacy offences). Corporate liability and the role of organisations in the management of cyber-risks will be also addressed. LAB#2 will consequently focus on cybercrime investigation and digital forensics.

Testi Di Riferimento

Readings selected are available open access or via Luiss library subscriptions. Course slides and other materials will be made available for students on Luiss Learn platform and will cover all the topics addressed. The list of readings will be published in due course. For the cybercrime part, to have a general overview on the subject, students can also refer to: Gillespie, A. (2019). Cybercrime: key issues and debates (Second edition.). Routledge. https://tinyurl.com/cxyvbdm4

Metodologie Didattiche

Frontal teaching; Class participation and discussion; Case studies, role playing, practical labs; Group/individual project works; Seminars with experts and professionals (names to be announced). The course is subject to continuous evaluation. Students’ participation, reaction and interaction throughout the course will be taken into account for the final grade. Students will be supported through practical sessions in preparing both collective and individual deliverables.

Modalità di verifica dell'apprendimento

The assessment of students’ learning will be based on the production of (1) a written individual output on a course subject chosen by the student (25% of the final grade), (2) participation to class debate, group presentations, labs involvement (50% of the final grade), and (3) a final oral exam (25% of the final grade). As for (1) the individual outputs, they must be agreed in advance. Students will choose a course topic of interest and will submit their proposals to course instructor for the final written project. For (2) group presentations, students will be involved in two labs related to the main areas of the course (LAB#1 on cybersecurity and LAB#2 on cybercrime issues). They will be divided into groups and required to submit and present to the class two mini-deliverables (written outputs), one for each lab. With reference to the (3) final oral exam, it will be based on the discussion of students’ individual outputs. As for the evaluation criteria, written outputs will be evaluated taking into consideration their formal, logical and legal coherence and accuracy, as well as their originality and students’ capacity to personally re-elaborate the topics addressed. The oral assessment will be centered on students’ ability to report on the written contents with the appropriate legal vocabulary and to explain and justify in the oral presentation the theses supported in the written paper.

Criteri per l’assegnazione dell’elaborato finale

Interest in the subject; good overall result in the evaluation.

Settimana 1

Session 1 on campus Course Presentation Setting the Scene. Introduction to Cybersecurity and Cybercrime Background, Definitions and Protected Legal Interests Session 2 on line From IT Security to Cyber Threat Management
 Cyber-risk Governance and the Role of Organisations The International and EU Regulatory Framework on Cybersecurity. An Overview
 Readings and other materials provided during the course

Settimana 2

Session 1 on campus The EU Network and Information Security (NIS) Directive General Provisions. Operators of Essential Services and Digital Service Providers National Strategy on the Security of Network and Information Systems Security Requirements and Incident Notification. Penalties Introduction to the methodology and structure of the practical part of the course. Instructions on individual outputs typologies (case study analysis; problem-based project work) The measures set by the NIS 2 Directive Session 2 on line The Landscape of Actors in EU Cybersecurity. The Critical Role of ENISA The Cybersecurity Act. A Cybersecurity Certification Framework for ICT Products and Services Survey to collaboratively build with students the list of topics, between the main areas selected by the course instructor, from which they will choose for their individual outputs Readings and other materials provided during the course

Settimana 3

Session 1 on campus National Cybersecurity Strategies The State-of-play of the Transposition of the NIS Directive. National Experiences Cybersecurity and the Evolution of Cyberattack(s) Students’ coaching with a focus on the work that will be done in LAB#1 Session 2 on line The General Data Protection Regulation (GDPR). Principles and General Obligations for Data Processing Readings and other materials provided during the course

Settimana 4

Session 1 on campus Cybersecurity LAB#1. How to Handle a Cybercrisis Session 2 on line The Data Protection Officer (DPO) and Data Privacy Compliance Liability and Penalties The Domestic Regulatory Framework on Data Protection Readings and other materials provided during the course

Settimana 5

Session 1 on campus
 Group Presentations related to LAB#1 (deliverable one) Session 2 on line Cybersecurity and the Evolution of Cyberattack(s) Characteristics of Cyberspace and their Impact on Criminal Law Computer Crime vs Cybercrime. The Phenomenon and the Global Legal Framework The Budapest Convention. Substantive Criminal Law Readings and other materials provided during the course

Settimana 6

Session 1 on campus The EU Competence. The Directive on Attacks on Information Systems Cybercrime. General Issues Locus/Tempus Commissi Delicti and Computer Crimes Controls and Controllers in the Cyberspace. The Internet Service Provider (ISP) Session 2 on line Cybercrime Types. Offences against the Confidentiality, Integrity and Availability of Computer Data and Systems; Computer-Related Offences; Content-related Offences Interpersonal Cybercrime Intermediate feedback by the students Readings and other materials provided during the course

Settimana 7

Session 1 on campus Analysis and class discussion of relevant case-law (made available in advance and related to subjects addressed in the previous sessions) On line Defamation and Press-related Crimes Cyberstalking and Cyber-harassment Cyberbullying Session 2 on line Sexualised content. On line child sexual exploitation and abuse Revenge porn Discrimination and cyber-racism Hate speech By week 7, students will be required to submit their proposals for the individual output to the course instructor Readings and other materials provided during the course

Settimana 8

Session 1 on campus Cyberterrorism Cyber Organised Crime From Hacktivism to Cyberwarfare ‘Information Warfare’ and Disinformation Session 2 on line Illegal access Illegal interception Data interference System interference Misuse of devices Readings and other materials provided during the course

Settimana 9

Session 1 on campus Group discussion on selected topics addressed in the previous sessions Students’ coaching with a focus on the work that will be done in LAB#2 Session 2 on line Financial cybercrime Computer Fraud Phishing Readings and other materials provided during the course

Settimana 10

Session 1 on campus Cybercrime LAB#2. Cybercrime Investigation and Digital Forensics Session 2 on line Money-laundering and Cyberlaundering Deep Web, Dark Web, Dark Net and Criminal Law Computer‐related Copyright or Trademark Offences Readings and other materials provided during the course

Settimana 11

Session 1 on campus Group Presentations related to LAB#2 (deliverable two) Session 2 on line From Individual Liability to Corporate Liability. Business and Cyber-risk Management The Protection of Personal Data Privacy-related Crimes Readings and other materials provided during the course

Settimana 12

Session 1 on campus Seminar. Selected Issues on New Technologies and the Impact on the Criminal Justice System Session 2 on line Final brainstorming session and instructions on individual outputs Q&A Students will be asked to give their feedback and suggestions on course activities Readings and other materials provided during the course