On Dec. 23 2008 the Italian Senate passed the law that allows the creation of an Italian National DNA Database (NDNAD.) When the Camera dei deputati (a sort of Lower Chamber) will grants its approval the law is approved. Technically speaking, there is room for amendments, but this is improbable and, even if amendments come, they wouldn’t change the foundation of this law.
The law is flawed by several weak points: a scientific and cultural lack of perspective (poor understanding of molecular biology and DNA forensics issues); an incredible exemptions for white-collar crimes, so corruption and other political and economic-related crimes ?never fall into the NDNAD; very light punishment for NDNAD abuse.
A more detailed ?analysis ?will follow soon.
After the investigation started by the Milan Public Prosecutor Office, another case of alleged rogue corporate security and law enforcement officer case hits mainstream media. Former Corporate security head of the Internationally known luxury firm Gucci, together with private investigators and law enforcement officers have been involved into a criminal investigation ran by Florence Public Prosecutor, with charges of computer illegal trespass.
On Nov. 14, 2008 I give a talk at DeepSec. The topic is the end of computer forensics, after the enforcement of the Cybercrime Convention.
N.B. Background information for this post are available here. ?
The Bergamo Court has overruled the preemptive seizure order with a decision that, instead of solving the problems arising from the first decision, creates worst issues. The Bergamo Court, in fact, has overruled the seizure, but only on the legal basis that “seizure” cannot be interpreted as “traffic hijacking”.
But the court did not, as it should have done, evaluate first of all the lack of Italian jurisdiction. By not doing so, the Bergamo tribunal has created a dangerous case law that, by reciprocity, allows any foreign magistrate to investigate and take to court an Italian citizen, with the additional absurdity that even in the absence of any evidence that a crime has been committed, a legal prosecution can be based on hypothetical “statistic calculation”.
Furthermore, by asserting the validity of the public prosecutor investigation, the Court has de facto established the automatic liability not only of internet providers, but also of search engines, and the possibility of using, as an investigative tool, data and information with no solid ground.
And also, by saying that even if preemptive seizure has been wrongly enforced , it is ?in theory compatible with ?sect.14 D.LGV 70/20003 (EU E-commerce directive implementation, dealing with ISP liability), the Court of Bergamo on the one hand allows “owners of ideas” to push for an additional and barbaric copyright law amendment while, on the other hand, it reaffirms an obvious error of interpretation of law by affirming the role of ISPs as “sheriffs of the net”.
It happened last Feb. 27, 2008. All of a sudden, Italian Parliament approved the enforcement of the Budapest Convention on Cybercrime.