Vladimír Smejkal, Jindřich Kodl

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Encryption and protection of the legitimate interests versus combat against cyberterrorism and other cybercrimes

The use of open systems, laptops with remote access, clouds and other existing options of IT causes the growing importance of data encryption as an effective and nowadays most reliable tool for protecting information in today's world. Breaking encrypted data if we keep to the standard practices for creating an encrypted file and use high quality algorithms and keys is already very expensive and virtually unsolvable task. On the other hand, every tool, including a cipher device (tool), can be abused, for example, to encrypt data of any user. In this case the user encryption protection is not sufficient, because an attacker can encrypt the already encrypted data (see the current ransomware attacks), or also lock up cipher keys, delete it, etc. The third important aspect is the worsening of security situation in the world, including the inclusion of cyberspace as a new operational domain in international conflicts (in the USA and NATO too). Finally, the fourth aspect is the current extreme pressure of states, even those that claim to be democratic states (e.g. in the EU) concerned the breaking of personality protection, personal privacy, trade secrets, the confidentiality of news and all other possible sources of information. The main content of this paper is to analyse these four aspects, especially the warning against breaking of privacy and bringing the cryptology practically outside the law as well as against the increased necessity of observance of constitutional guarantees and civil liberties regardless of the increased time turbulences, or perhaps because of it.

Vladimír Smejkal

smejkalProf. Ing. Vladimír Smejkal, PhD., LL.M.,he is a professor at Brno University of Technology (BUT) and rector of Moravian University College Olomouc (MUCO), an expert in law, economics, management and security of information systems, including their security and legal aspects. He is a member of the Scientific Board Faculty of Business of BUT and chairman of the Academic Council of the Moravian College Olomouc. In 1986 he was appointed Minister of Justice Czechoslovakia as a court expert in the fields of economics and cybernetics, in 1995 and 2001, he was appointed Minister of Justice forensic as an expert in other fields, and forensics – data protection and copyright. In the years 2004-2014 he was a member of the Legislative Council. He participated among others on a series of legislative work in the Czech Republic in the field of informatics. Significant effect has his share in the Electronic Signature Act, the Electronic legal acts and document conversion and other Czech legislation on electronic communications, especially in the field of public administration. Prof. Smejkal is the author or co-author of several books: Počítačové právo (1995), Internet a paragrafy (1999 a 2001), Právo informačních a telekomunikačních systémů (2001 a 2004), Řízení rizik ve firmách a jiných organizacích (2003, 2006, 2009 a 2013), eGovernment v České republice. Právní a technologické aspekty (2012). He wrote many interdisciplinary articles in IT security and justice. In 2015, he released his most important publication Kybernetická kriminalita.

Jindřich Kodl

kodlJindřich Kodl, PhD. graduated from Czech Technical University in Prague (CTU), Faculty of Electrical Engineering, and then worked several years within different governmental institutions in research and development in the area of cryptology and security of information systems. In 1996 he was appointed by the Minister of Justice as an authorised expert in the area of security of information systems, cryptology and informatics. From 1999 to 2002 worked as an adviser to the Minister of Informatics where he concentrated on informatics in the public administration and implementation of the state information policy in the Czech Republic. He participated in the systems and legislations works related to the integration of the impact of information technologies on the Czech legislations and within EU information area. After leaving the public sector he worked until 2008 as a senior manager in the area of IT security in the Commercial Bank and then as a Director of Security and consultant at SIKS a.s. Currently he works as a security adviser and authorised expert in the field of information system security. He is a Member of Group of Cryptology of the Union of Czech Mathematicians and Physicists.

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