EU planning harsher penalties for hacking, botnets

European computer hackers and people who create and use botnets could soon face harsher penalties, if new regulations are introduced.

A new directive on computer crime being planned by the European Union will include harsh penalties for people convicted of hacking "with criminal intent" to cause "serious harm".

The draft directive was approved last week by the European Parliament's Committee on Civil Liberties, Justice and Home Affairs. The Parliament is scheduled to vote on the initiative in July.

The draft directive calls for minimum jail sentences for those convicted of hacking. It includes a five year sentence for attacks against "critical infrastructure" (hacking), and a three year minimum prison term for people that create and use botnets. It will be the responsibility of courts to determine whether criminal intent was involved and whether the harm caused could be described as "serious". The new legislation will also encompass activities such as the hiring of hackers to commit offences.

Other crimes that may see hackers given long minimum sentences include:

– Illegal, intentional access to an information system
– Illegally interfering with data
– Illegally intercepting of communications, including recording communications
– Intentionally producing and selling tools that can be used to commit these offences

If the directive becomes law, it remains to be seen when and how it will be implemented by EU member states.

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