Cyber-attacks detection and prevention

Bullying in the real world consists in the attempt of an attacker to harm, humiliate, ridicule or insult another, whether physically or mentally. Cyberbullying then transmits “classic bullying” into the virtual world and allows an attacker to use tools and resources that can have a much greater impact on the victim than would be the case in the real world. Cyberbullying, through the use of information and communication technologies and the durability of data in cyberspace, allows for repeated attacks on a victim, even if the victim has geographically moved far away in the real world from where he/she was originally bullied.

Cyberbullying can be linked to “classic” bullying (e.g. recording a victim's physical assault and then posting the attack on the web). In order to talk about cyberbullying, it is necessary to use information and communication technologies or services offered in cyberspace for bullying.

The signs of cyberbullying include:

·       Feeling anonymous (Attackers usually feel that they cannot be traced due to the Internet.)

·       Unlimited attack (Due to ICT, attackers do not have to deal with the time or space for their attack. It is possible to bully at any time, from anywhere and anyone. Such an attack also requires much less effort than in the case of “classic” bullying.)

·       Unlimited group of attackers (Unlike the real world, in the virtual world it does not matter the age, gender, physical strength, position of the attacker in the group, etc. Any person can be a bully.)

·       Unlimited space and resources (The Internet provides an attacker with practically unlimited space and resources for bullying. An attacker can repeatedly post offensive remarks, photo and video comments on various portals, social networks, etc. He/she can improve and “refine” these materials.)

·       Difficult to detect (Unlike classic bullying, cyberbullying may not have external manifestations such as bruising, missing money, etc.)

·       Persistence [Classic bullying usually consists of individual attacks, which are repeated, but the single attack for the victim always ends. For cyberbullying, for example, one SMS, e-mail, etc. is enough, a victim keeps coming back to them (respectively, they are constantly reminded, sent, etc.), so he/she can live in trauma for months. Offensive SMS, e-mails, photos, etc. are more permanent than individual physical attacks.]

The most common manifestations of cyberbullying:

1.     Gossip, intimidation, insult, ridicule or other embarrassment (social networks, e-mail, SMS, chat, ICQ, Skype, games, etc.).

2.     Acquisition of sound recordings, videos or photographs, their graphic or other editing and subsequent publication in order to harm (ridicule) a selected person.

3.     Filming of videos in which a victim is physically attacked or otherwise mentally abused and ridiculed. These videos are then published online (this is called Happy Slapping).

4.     Creating websites, social accounts (modifying original or creating new profiles), discussion portals, etc. that insult, slander or humiliate a specific person.

5.     Misuse of another's account – identity theft (e-mail, discussion, etc.).

6.     Provoking and attacking users in discussion forums (chat rooms, etc.).

7.     Uncovering other people's secrets.

8.     Blackmail using a mobile phone or the Internet.

9.    Harassment and pursuing by calling, writing messages or ringing.

Consequences of some attacks:

·       Amanda Todd (15 years old). Amanda’s story can be found in her own video available at: http://www.youtube.com/watch?v=qDIKB2_RpuY. Amanda committed suicide.

·       Rebecca Ann Sedwick(12 years old) was bullied on the Internet for almost a year. She committed suicide in 2013. The bullying began after Rebecca had been dating a boy for some time. Her mother told reporters that her daughter had been receiving messages like: 'You're disgusting,' 'Why are you still alive?' and 'Go kill yourself'. The situation escalated so much that the mother dropped her daughter out of Crystal Lake school and cancelled her Facebook account. She reportedly had to leave school. The mother taught her at home for the rest of the year. She joined another school in September. Everything seemed to be getting better and Rebecca cheered up in the new school. But she secretly signed up for new applications, including Kik Messenger and Ask.fm telephone messaging, and the bullying began again after she had begun inquiring about being overweight on the Internet. Sheriff Judd said the girl had been “completely terrorised” on social media.

·       Ghyslain Raza (14 years old, Canada), known as the Star Wars Kid. https://www.youtube.com/watch?v=HPPj6viIBmU&spfreload=10.Ghyslain Raza filmed himself performing a battle scene from Star Wars. He tried to imitate the character of Darth Maul. His classmates stole the recording and published it on the Internet to entertain others. Within a few weeks, the recording flew around the world, was modified many times, and a number of websites and blogs were created, on which the boy was ridiculed. Ghyslain's fans wrote a petition to the Star Wars creators to cast him in one of the episodes. He was even parodied in some series (e.g. South Park, American Dad, Veronica Mars). Ghyslain had a mental breakdown and had to be treated for a long time.

·       Anna Halman(14 years old, Poland). Five classmates subjected Anna to sexual bullying in front of the whole class. (They took off her clothes and pretended to rape her.) They recorded the whole scene on a mobile phone and threatened the girl that they would publish the recording on the Internet. They also did so later, posting the video on YouTube. It was supposed to be revenge for Anna for not wanting to date one of the boys. Anna committed suicide.

·       Jessica Logan (18 years old, USA). After their breakup, Jessica's ex-boyfriend published her intimate photos, which she had sent him while they were still dating. Jessica was then exposed to constant ridicule from her classmates. The attacks on her intensified after she had appeared anonymously on television to warn others about the risks of sexting. Jessica committed suicide.

Possibilities of criminal sanctions in the Czech Republic

Cyberbullying (like classic bullying) is not in itself a crime or an offence. It always depends on the actions of the bully. If such an action was a form of, for example, physical harm to a victim, blackmail or intimidation, then the application of, for example, Section 146 (Bodily Harm) or Section 145 (Grievous Bodily Harm), Section 175 (Extortion) of the Criminal Code could be considered. In the case of harassment and pursuing of a person, it would be possible to use the provisions of Section 354 of the Criminal Code (Dangerous Pursuing). However, in the case of cyberbullying, which can be manifested in, for example, constant ridicule, embarrassment and psychological harm through information and communication technologies, the application of some of the above provisions will be problematic, if not impossible.

Possibilities of criminal sanctions in Poland

In Poland this is regulated by:

Art. 212 kk – Defamation

and

Art. 190 § 1. Whoever threatens another person with committing a criminal offence to his/her detriment or to the detriment of a person close to him/her, if the threat induces in the person threatened a reasonable fear that the threat will be carried out, shall be subject to a fine, the penalty of restriction of liberty or the penalty of deprivation of liberty for up to 2 years.

§ 2 Prosecution shall occur on the motion of the injured person.

 

Possibilities of criminal sanctions in Portugal

As such, cyberbullying is not a criminal offence. However, it may be considered as a form of Persecution (Art. 154-A of the Criminal Code), but also as Sexual Harassment, an Insult, a Defamation, an Aggravated breach of privacy or even as Discrimination and incitement to hate and violence (Arts. 170, 181, 180,  192 and 197(b) and 240, all the of the Criminal Code).