새로운 해킹기법과 관련된 형법적용의 흠결과 해결방안

Computer and the Internet make many activities easier for us. They also make illegal activities easier for criminals. Hacking, or intentional unauthorized access to computer systems, is a whole new category that includes a wide range of illegal activities from harmless pranks to huge thefts and shutdown of important services. In this paper, the problem related Hacking through the interpretation theory of criminal law are discussed. Argue about many aspects of hacking is important because hacking is the principal part of cyber crimes. Unauthorized access to especially secure data is to be a crime not only security measures were cracked but also security measures were not cracked. Almost major Web sites were shut down by denial-of-service. Denial-of-service attacks are also now a crime. in this kind of attack, hakers overload target site with requests for Web pages and other information. The procurement of data from data transmissions or electromagnetic radiation emmitted from data processing system is punishalbe by Law. Furthermore, there is need to criminalize that especially dangerous preparations for such IT crimes are also punishable by law. In particular, creating, propagating, and procuring hacker tools designed to perform a legal actions now falls like Section 202c of the revised German Penal Code. There is need to criminalize that the somebody disclosure security vulnerabilities intentionally. Criminal Law have to cover the modern threats and up to a certain degree they are open for new technical developments. Law are more technologically up-to-date.