This book explores the legal aspects of cybersecurity in Poland. The authors are not limited to the framework created by the NCSA (National Cybersecurity System Act – this act was the first attempt to create a legal regulation of cybersecurity and, in addition, has implemented the provisions of the NIS Directive) but may discuss a number of other issues. The book presents international and EU regulations in the field of cybersecurity and issues pertinent to combating cybercrime and cyberterrorism. Moreover, regulations concerning cybercrime in a few select European countries are presented in addition to the problem of collision of state actions in ensuring cybersecurity and human rights. The advantages of the book include a comprehensive and synthetic approach to the issues related to the cybersecurity system of the Republic of Poland, a research perspective that takes as the basic level of analysis issues related to the security of the state and citizens, and the analysis of additional issues related to cybersecurity, such as cybercrime, cyberterrorism, and the problem of collision between states ensuring security cybernetics and human rights. The book targets a wide range of readers, especially scientists and researchers, members of legislative bodies, practitioners (especially judges, prosecutors, lawyers, law enforcement officials), experts in the field of IT security, and officials of public authorities. Most authors are scholars and researchers at the War Studies University in Warsaw. Some of them work at the Academic Centre for Cybersecurity Policy – a thinktank created by the Ministry of National Defence of the Republic of Poland.
Author(s): Katarzyna Chałubińska-Jentkiewicz, Filip Radoniewicz, Tadeusz Zieliński
Series: Law And Criminology
Edition: 1
Publisher: Springer
Year: 2022
Language: English
Commentary: TruePDF
Pages: 506
Tags: IT Law, Media Law, Intellectual Property; Criminal Law And Criminal Procedure Law; Administrative Law; Cybercrime Criminology And Criminal Justice; General Crime Control And Security
Preface
Contents
About the Editors
Abbreviations
Introduction
Part I: Providing Cybersecurity as a New Challenge for Governments
Cyberspace and Cybersecurity
1 Introduction
2 Definitions of Cyberspace
3 Definitions of Cybersecurity
References
Cyberspace as an Area of Legal Regulation
References
Cyberspace, Cybercrime, Cyberterrorism
1 Cyberspace
2 Cybersecurity
3 The Notion of Cybercrime
4 The Classification of Cybercrimes
5 Challenges Related to the Emergence of Computer Crime
6 Cyberterrorism and Cyberwar
7 Terrorism in EU Law
8 Cyberterrorism: Terrorism in Cyberspace
References
International Regulations of Cybersecurity
1 General Remarks
2 Organisation for Economic-Cooperation and Development
3 Council of Europe
4 Organisation for Security and co-Operation in Europe
5 United Nations
6 The International Telecommunication Union
7 Group of Eight
References
Cybersecurity in the European Union Law
1 Introduction
2 Council Framework Decision 2005/222/JHA of the 24th of February 2005 on Attacks Against Information Systems
3 Directive 2013/40/EU of the European Parliament and of the Council of the 12th of August 2013 on Attacks Against Information...
4 Directive 2017/541 (EU) of the European Parliament and of the Council of the 15th of March 2017 on Combating Terrorism
5 Directive 2008/114/EC of the 8th of December 2008 on the Identification and Designation of European Critical Infrastructures
6 Directive 2002/21/EC on a Common Regulatory Framework for Electronic Communications Networks and Services (A Framework Direc...
7 Directive 2006/24/EC on the Retention of Data Generated or Processed in Connection with the Provision of Publicly Available ...
8 Regulation No 910/2014 on Electronic Identification and Trust Services for Electronic Transactions in the Internal Market (e...
9 Directive 2016/1148 Concerning Measures for a High Common Level of Security of Network and Information Systems Across the Un...
10 Directive (EU) 2018/1972 Establishing the European Electronic Communications Code
11 Regulation (EU) No 2019/881 of the European Parliament and of the Council of 17 April 2019 on ENISA (The European Union Age...
12 The European Cybercrime Centre (EC3)
References
National Cybersecurity System Act
1 Introduction
2 Entities of the National Cybersecurity System
3 CSIRT MON, CSIRT NASK and CSIRT GOV
4 The Competent Authorities for Cybersecurity
5 The Minister Competent for Computerisation and the Minister of National Defense
6 The Government Plenipotentiary for Cybersecurity
7 The College for Cybersecurity
8 Incident Response Teams for a Given Sector or Subsector
9 Operators of Essential Services
10 Digital Service Providers
11 Entities Providing Cybersecurity Services
12 Entities Referred to in Article 4(7)-(15) of the Act on the National Cybersecurity System
13 Penalties Provided for in the Act on the National Security System
14 The Cybersecurity Strategy
15 Legal Acts Modified by the Act on the National Cybersecurity System
16 Legal Acts Issued Under the Authorisations Included in the Act on the National Cybersecurity System
References
The New National Security Strategy of the Republic of Poland
1 Terminology Issues
2 The Countersignature Issue
3 Security Strategies of the Republic of Poland 1990-2007
4 The White Book on the National Security of the Republic of Poland
5 National Security Strategy of the Republic of Poland 2014
6 National Security Strategy of the Republic of Poland 2020
7 Conclusions
References
The Cybersecurity Strategy of the Republic of Poland
1 Introduction
2 The Cybersecurity Strategy vs. Normative Acts and Strategic Documents
3 The Vision, Main Goal, and Specific Objectives of the Strategy
4 The Means for Fulfilling the Strategy´s Objectives and the Entities Involved in Its Implementation
5 The Means for Readiness, Response and Restoration
6 Risk Assessment
7 Educational, Informational and Training Programmes in the Field of Cybersecurity
8 Developing, Reviewing and Updating the Strategy
References
The Functioning of State Power Structures and Cybersecurity
References
Personal Data Protection in the Context of the Act on the National Cybersecurity System
References
Space Security and Cybersecurity in Poland
1 Introduction
2 Polish Space History and Polish Space Business
3 Polish Space Legislation
4 Polish and the European Approach in SSA: Rising Stakes for Civilian Space Programmes
5 Space and Cyber Security
6 Concluding Remarks
References
Part II: Competences, Obligations and Tasks of Entities Responsible for Ensuring Cybersecurity Under the National Cybersecurit...
Cybersecurity as a Public Task in Administration
1 General Remarks
2 The Main Benefits of a Well-Designed Security Policy
3 Conclusions
References
The Authorities Competent for Cybersecurity
References
The Main Tasks of the Network of Computer Security Incident Response Teams in the Light of the Act on the National Cybersecuri...
Reference
Tasks of the Minister of National Defence in the Field of Cybersecurity
1 The Notion of a Task Within the Domain of Public Administration-The Responsibilities Associated with the Activities of a Pub...
2 The Position of the Minister of National Defence in the State System
3 The National Cybersecurity System
4 The Task Norms of the Minister of National Defence Within the Framework of the National Cybersecurity System
5 Summary
References
Role of the Minister Competent for Computerisation in the Cybersecurity System
References
The Duties and Legal Status of the Government Plenipotentiary for Cybersecurity and the College for Cybersecurity
1 The Legal Status of the Government Plenipotentiary for Cybersecurity
2 The Duties of the Government Plenipotentiary for Cybersecurity
3 Cooperation Between the Plenipotentiary and the College for Cybersecurity
4 Summary
References
Part III: Obligations of Other Entities Included in the National Cybersecurity System (``Participants´´ of the National Cybers...
Tasks of Operators of Essential Services and Digital Service Providers
Annex No. 1, Sectors and subsectors and types of entities, defines the areas to be regulated
References
The Obligations of Public Entities
1 Range of Public Entities Subject to Cyber Security Obligations
2 Obligation to Report and Handle an Incident in a Public Entity
3 Formal Requirements for Reporting an Incident in a Public Entity
4 Obligation to Designate a Person Responsible for Contacts with National Cyber Security System Operators
5 Obligation to Provide Information to the Competent CSIRT
6 Summary
References
The System of Control and Supervision of Operators of Essential Services, Digital Service Providers and Entities Providing Cyb...
References
Monetary Penalties in the National Cybersecurity System Act
1 Introductory Remarks
2 Administrative Penalties Provided for in the NCSA
3 Catalogue of Penalties
4 Penalty Increase
5 The Liability of Managers of Operators of Essential Services
References
The Liability of Entities Providing Services by Electronic Means for Digital Content
1 General Remarks
2 What Is Digital Content?
3 Entities Providing Services by Electronic Means
4 The Liability of the Providers of Services by Electronic Means
5 Mere Conduit
6 Caching
7 Hosting
8 There Is No Obligation to Filter Content Or Is There?
References
Part IV: Combating Cybercrime as a Special Task in the Area of Cybersecurity
Cybercrime and Cyberterrorism in Polish Law
1 Computer Crimes in the Penal Code of 1997
2 Cyberterrorism: ``Cybercrimes of a Terrorist Nature´´
References
Cybercrime in Selected European Countries
1 Introduction
2 The Czech Republic
3 Estonia
4 France
5 Germany
6 The United Kingdom
7 Spain
References
The Entities and Institutions in Charge of Combating Cybercrime in Poland
1 Introduction
2 The Ministry Competent for Computerisation
3 The Internal Security Agency
4 The Police
5 The Public Prosecutor´s Office
6 The Ministry of Defence
7 Summary
References
Operational Activities in the Field of Cybersecurity
1 Foreword
2 The Information Society and the Challenges Related to Security
3 Technological Aspects of Covert Operations
4 Redefining State Activities-New Tools for Crime Prevention-Spyware in the Service of Security
5 Conflicts of Interest Regarding Data Protected by Law
6 Summary
References
Operational Activities and the Right to Privacy
References
Summary
References
Literature
Judgments
Legal Acts
National Law
Others
International Law
United Nations
Council of Europe
G7/G8 Group
European Union
Standards
