Legal Protection of Digital Information in the era of Information Warfare

The danger of uncontrolled use of computers and computer networks has begun to be noticed in the last few years. Criminal acts committed in networks with the use of networks and against networks, reach beyond national borders. Since the 1990s, when the United Nations (UN) recognized computer violation as a form of transborder crime, profits originating in computer crime have surpassed those from drug trade. Organized crime is adapting to the environment of advanced technology, using thousands of computer networks to commit crimes on a global scale. Openness and anonymity is the strength of the Internet, but remains at the same time its greatest weakness. Among the network users, the group which aims at undesired or even unlawful accessing, distributing and exchanging information is growing. Technical solutions in information security have to be supported by demands to follow the rules of relevant procedures - assured through legal state obligations and sanctions in case of violation of such rules. To translate the language used by modern technology into proper legal language and catching behaviour seemingly unimportant or of minor consequence, but causing major damage, turned out to be most difficult. It is hence of great significance to adopt laws covering as much as possible of cyberspace behaviour. One of the most effective methods of securing digital information is concealing it with the use of cryptography. It is true that communication using concealed information protects privacy and secrecy of mails to a high degree, but renders at the same time considerably more difficult accessing to information in cases when common good demands breaking such secrecy. Such procedures are most often carefully described and rigorously regulated by law since they interfere with the sensitive question of privacy of citizens. There is nevertheless still a need to specify i.a. how to use available cryptographic tools in order to access content of cryptographically concealed transmission without having access to the cryptographic keys. All efforts to exercise control over the Internet create controversy, raising questions about freedom of speech, stirring up protests about censorship, calling in question the intrusion of state authorities upon the private sphere of network users. At the same time, more countries introduce legal instruments of decree and prohibition in order to prevent law violation, something the Internet facilitates or even makes possible. In times of terrorism threats, efforts are intensified aiming at introducing measures which allow certain degree of control over the virtual space. It certainly requires a balance between the necessity of security regarding citizens and the need to guarantee their rights.