| Abstrakt: |
The presentation will focuse on tracing incidents and gathering evidence by private persons. Such persons may be victims of incidents, network administrators, persons responsible for IT security in companies. Reacting on incidents by them is unavoidable and often it is their action which enable to trace the perpatrators of the abuse nd punish them. As an abuse we can regard computer hacking as well as for example acts of unfair competition. Beside that, in the recent years we can observe in Poland development of so called cyber forensics. It could be regarded as a real legal mine field as private gathering of evidence was not generally regulated by the Polish lawmaker. That΄s why the person reacting for incident may easily cross thin line between legal and illegal acivity which may result in civil or criminal responsibility. The problems which should be discussed in the presentation are: 1. Introducing to the problem and its scale 2. The possibility of gathering evidence by private persons in the Polish law 3. Methods which may be used by private perons 4. Actions to the most common incidents 5. Evidential value of gathered materials 6. Civil and criminal responsibility for acts contrary to the law This topic will be presented in comparative law context, taking into consideration opinions expressed in law journals and by the judiciary. Beside estimating the present situation it would be interesting to try to pose some propositions as to possible changes in the law. [ABSTRACT FROM AUTHOR] |
