El derecho a la propiedad privada y nuevas modalidades de delitos cibernéticos en la legislación ecuatoriana: Phishing.
ABSTRACT: This degree work focuses on the study of the right to private property and phishing as a new type of cybercrime in Ecuadorian legislation, through an analysis of doctrinal conceptions, legal provisions of Ecuador and a comparison with U.S. legislation. It is discussed that the Ecuadorian l...
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| Format: | bachelorThesis |
| Idioma: | spa |
| Publicat: |
2024
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| Accés en línia: | http://dspace.unach.edu.ec/handle/51000/13485 |
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Afegir etiqueta | Sumari: | ABSTRACT: This degree work focuses on the study of the right to private property and phishing as a new type of cybercrime in Ecuadorian legislation, through an analysis of doctrinal conceptions, legal provisions of Ecuador and a comparison with U.S. legislation. It is discussed that the Ecuadorian legislation lacks the necessary tools to typify these new crimes that with the measured advance of technology are increasingly taking over cyberspace, in addition to hindering the prosecution of these criminal conducts since it is not contemplated as an independent criminal figure but rather, it is adapted to Article 190 of the Organic Integral Penal Code in most cases. Therefore, the main objective is to understand the problem of phishing from a global perspective in order to suggest a reform proposal that includes this crime, in order to provide legal certainty. Various methods were used in the research, including dogmatic, deductive, legal comparison, historical-logical and exegetical methods. The study adopts a qualitative approach with a non-experimental design. Techniques such as the interview and the file were used, supported by specific instruments such as the interview guide to collect information from the prosecutors of the canton of Riobamba, and a file for the analysis of comparative law. According to the results obtained, it is concluded that a legal reform is necessary to adequately regulate this computer crime, the lack of international conventions to combat cybercrime in contrast to U.S. legislation is highlighted, in addition, the need to integrate specialists in cybercrime, as experts and prosecutors with extensive knowledge in the area, for the effective guidance and collection of evidence, covering not only cases of phishing but also other computer crimes. |
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