Vladimír Smejkal is a university professor and an expert on the legislation, risk management and security of information systems. He has been an expert witness in the fields of business, cybernetics, criminal science – data protection and copyright law for over 25 years. He has participated in the investigations of many serious crimes which have involved modern information technology and the internet. He is a member of university science boards, and the author or co-author of many books and articles on informatics, law, public administration and e-government, which include; “Computer Law”, “The Internet and Legal Paragraphs”, “Information and Telecommunications Systems’ Law”, “Risk Management”, “Managing Risk in Companies and Other Organisations”, “E-government Under Czech Law”, “Authorship in the Mass Media” and “Data Mailboxes Under Czech Legislation”. Prof. Smejkal has also been involved in formulating legislation in the CR (The Electronic Signatures and Data Mailbox Acts) and is a member of the Government Legislation Council. He is active at the Business and Management Faculty of Brno University of Technology, the Law Faculty of Masaryk University, Brno in addition to his expert witness work in Prague.
Tomáš Sokol graduated from the Faculty of Law at Charles University in Prague in 1978, obtaining his doctorate in 1980. After graduation he started work as an articled clerk in the 2nd Legal Advice Bureau in Prague. After passing his solicitors’ exams in 1980, he has practised as a lawyer continuously, except for a period from 1990 to 1992 when he was the public prosecutor for Prague (1990) and then the Minister of the Interior of the Czech Republic (1990–1992). In the second half of 1992, he set up the Brož & Sokol law firm together with JUDr. Jan Brož, which then became the Brož & Sokol & Novák law firm in 1999. Dr. Sokol provides civil and criminal law legal services, and is particularly active in aspects of economic crime in the later. Part of his work in commercial law involves conducting company general meetings, particularly in cases where conflict between shareholders is expected. He also represents companies in court proceedings and arbitration proceedings, where he makes use of his experience as an arbitrator and provides legal services to the public sector in this field. Dr. Sokol is a consultant for resolving internal problems in companies and for sales of company equity. He also provides legal services in the field of civil law, where his specialization includes the protection of personal rights, including disputes involving the protection of a legal entity’s good name. He has co-authored “Computer Law” and “Information and Telecommunications Systems Law”, the second edition of which received the Czech Association of Competent Communications Award in 2004 and is the author of “Press and Law”. Dr. Sokol lectures at the CEVRO Institut School of Political Studies.
WAYS OF COMBATTING COMPUTER CRIME PURSUANT TO THE NEW CRIMINAL CODE
The new criminal code has been in force for two years now. Compared with the previous code, the new criminal code contains more extensive definitions of crimes which are based on attacks on computer systems and the data they contain. Two years is not a long time for a law to be in force, but the question can be raised as to how effective this legislation actually is under current conditions and particularly in relation to the current problems with, and behavior of, certain individuals and entities within the internet community. What is the impact of the principle of the subsidiarity of criminal responsibility, which has just been introduced in the new criminal code? Just how much does criminal law protect computer system operators and how much do they need to look after themselves? The presentation will focus on these aspects of computer crime.