Category: IT Security

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Defending Computer Criminals

Andrea Monti – Adjunct Professor of Public Order and Security
University Gabriele d’Annunzio – Chieti-Pescara, IT – amonti@unich.it

Paper presented at the Tokyo CodeBlue Conference 2020

Abstract

This paper is about defending a person accused of computer crime and computer-related crime in Court. It is intended as a primer for those defence counsel who have no experience in the specific field of criminal trials involving computer, digital assets and the Internet. At the same time, it provides insights to computer experts wanting to enter into the digital forensics sector, because it offers a way to understand how a lawyer thinks, and what are his needs when designing a defence strategy.

The focus is on the practical issues, as emerged from the direct trial experience of the author and of other criminal trial lawyers, therefore the legal theory and the ICT technical aspects are not discussed in detail. Both the legal and the IT professional, though, can find in the discussion enough hints to widen their understanding of the matter and improve the effectiveness of their strategies.

The paper is structured in three part: a criminological profile’s taxonomy of the defendants, the analysis of the digital investigation carried on by the prosecution to build the case, and the trial strategies of the defence counsel.

Finally, a note on the cases discussed in this paper: where possible, references to court decisions are available, but in some cases, for confidentiality reasons, the paper analyses the relevant elements without providing further information. Continue reading “Defending Computer Criminals”

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Italian Prime Minister Decree 131/20 on the cyber perimeter increases confusion and does not protect national security

By Andrea Monti – Originally published in Italian by Infosec.News

Italian Prime Minister Decree 131/2020 is one of the acts resulting from the enactment of Law Decree 105/19, later converted into Law 133/09 establishing the national cyber perimeter, a concept also relevant for the application of Legislative Decree 65/18, transposing EU Directive 1148/16 (NIS Directive). While this sentence appears to be illegible and incomprehensible, the choices and content of the Prime Ministerial Decree are even more so because they increase the level of the contradiction of a body of legislation which, by regulating national security, should instead be easy to understand and agile to apply.

However, first things first. Continue reading “Italian Prime Minister Decree 131/20 on the cyber perimeter increases confusion and does not protect national security”

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Pro Huawei (and all national security technology providers)

Passed to manage national security problems caused by the use of Chinese technology,  a Prime Minister Decree dictates new and problematic rules for contracts negotiation in the Italian telco market by Andrea Monti – published initially in Italian by Infosec.News

This article analyses the issues related to the practical application of the Conte-Huawei Decree issued last August 7, 2020, which sets out the conditions under which TIM S.p.a. can use Huawei’s 5G technology, reducing to an acceptable level the national security risk also feared by the Italian Parliamentary Committee on Secret Services (COPASIR), after the alarms launched by the USA. The article highlights the critical issues arising from a legally incorrect approach and concludes that the solution adopted by the Italian Government is worse than the problem it tried to fix.

Before going ahead, however, it would be preferable to read another article that analyses the strategic problems affecting the Decree. Continue reading “Pro Huawei (and all national security technology providers)”

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The role of software and technological dependence in US geopolitical strategies in the Far East and beyond

The control over software is the leverage of the US strategy of expansion in the Far East. This strategy includes the sale, in anti-Chinese function, of armaments to countries in the Indo-Pacific area qualified as “like-minded partners” or “allies” also in the absence of formalisation in treaties such as, for example, that of NATO by Andrea Monti

The software has become a central element of national security protection (or vulnerability) because the functioning of the equipment and systems that make a country’s network work depends on it. Its robustness, however, besides being the first line of defence in technical terms, is also a very efficient geopolitical control tool. Continue reading “The role of software and technological dependence in US geopolitical strategies in the Far East and beyond”

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Critical Issues of the Conte-Huawei decree

TIM may use 5G equipment produced by Huawei, provided that it follows the rules dictated by the Presidency of the Council. Is national security safe? by Andrea Monti – originally published in Italian by Infosec.News

Background


On 7 August 2020, the Prime Minister’s Office issued a decree setting out the conditions under which Huawei can provide Italy, through former network monopolist TIM S.p.a., with its 5G infrastructure.

Apart from constitutional issues (yet another ‘creative’ use of the Prime Minister’s Decree, after the management of the COVID-19 lockdown) and political aspects (the decree would neither be a ‘surrender’ to China nor, therefore, a ‘betrayal’ of the Atlantic allies), the Conte-Huawei Decree raises several legal and technical doubts about its real effectiveness. Continue reading “Critical Issues of the Conte-Huawei decree”