Computer Crimes Archiving
Lawyer Fulvio Sarzana, of the Law firm in Rome Sarzana e Associati is the lawyer for the entrepreneur under investigation for unauthorized access to a computer system (Article 615-ter of the Criminal Code), defamation (Article 595 of the Criminal Code), and stalking (Article 612-bis of the Criminal Code), which was the subject of a dismissal order issued by the Catania preliminary investigations judge. Even in Italy, it is possible to hack into a company's computer system to report bugs that could pose a threat to consumers and not necessarily face criminal charges. Indeed, the Catania preliminary investigations judge issued one of the first signs of support for ethical hacking. The judge dismissed the case against GI, related to a 2017 incident. The suspect had found vulnerabilities in an app (Beentouch) and reported them to the manufacturer, who, on the same day, reported – in his opinion – a "hacking" of the computer system. GI, after waiting a month in vain for a response, disclosed the vulnerabilities online, "to protect consumers" (as stated in the dismissal order). According to the judge, this activity falls under "responsible disclosure" and therefore cannot be censored. He therefore dismisses the complaint filed for both defamation and unauthorized access to a computer system, also noting that this constitutes a legitimate exercise of the right to criticize.
The judge evaluated the defense presented by the lawyer, establishing a very important precedent in the field of computer crimes. The unauthorized access to a computer system thus achieved a significant result, with the defendant dismissed.
Unauthorized computer access crimes had previously been subject to very strict regulations in court, and the Sicilian judge has instead established a new approach.
Computer Crimes Archiving
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