Hack
Hack
Tags: computervredebreuk, hack, hacken.
A hack is an administration that is not intended by the author. Hacks provide solutions ‘out of the box’. In particular, in the case of computers and software, hacks play a major role, but that is not always necessary (think of life hacks such as a clothespin on a trouser leg to prevent the trouser leg from getting between the bicycle chain). In normal usage, a hack is often used as a synonym for a computer crime.
Computer Trespass
Computer hacking is the intrusion into a computer system or network. This is punishable under art. 138 paragraph 1 Penal Code. This article states that breaching a security device, using a technical intervention, false signals or a false key and assuming a false quality may qualify as computer breach.
Theft of Data
The law also has several other provisions that have to do with computer breaches. For example, copying data after a computer breach is also a criminal offence (theft of data).
Processing Capacity
Moreover, the use of the processing capacity of the network or the computer is punishable. This is certainly relevant lately in connection with mining bitcoins and other cryptocurrencies.
Further Hacking
Finally, further penetration of other computers within the same network is of course also not permitted.
Use of Tools
In addition, the law also contains various articles with regard to the use, stocking or offering tools for computer breaches, such as the use of hack programs, exploits, keyloggers and rootkits, or existing passwords insofar as this is done with the aim of preventing computer breaches.
Hacken?
Sometimes there is a question on hacking. For example, it was previously held in case law that the exceeding of power was a form of intrusion, and was, therefore, a computer breach. However, providing false data was not hacking. This concerns fraud. Incidentally, the use of false credentials can qualify as a hack. And then the question arises whether the intrusion is illegal. For example, in 2002 a judge ruled that removing a SIM lock qualifies as “intrusion”, but not “unlawful” because there was no agreement between the suspect and the telecom provider.
For example, accidentally entering someone’s computer or network – for example by accidentally logging into an open WiFi – does not constitute hacking. Generally, it must be clear that this is a prohibited area. This can be done by security, but also by a notice “forbidden access”.
Hacking does not have to have criminal intent. Often hacks happen to just demonstrate that security is out of order – without stealing data or doing damage. However, this does qualify as a crime. After all, damage can occur (also unintentionally). Moreover, the computer owner or network administrator does not know what exactly has been tested, without an order to do so. Then checking for damage can also lead to damage. It is, therefore, better to first ask whether it is permitted to test the security and – even better – to conclude an agreement for it.
Offering tokens from a hacked seed database does not appear to be a breach of contract, according to the Court of Appeal, if that system was supplied by another party.