Monday, July 4, 2016

Sanchez Almeida: "Spain has the most restrictive Cybercrime legislation in Europe"

Carlos Sánchez Almeida. Lawyer

So we are presented with Carlos Sanchez Almeida: "53 years old, Barcelona, 1962. Two children. Law degree in 1987. He paid studies working for 17 years in case an insurance company Bufet Almeida in January 1995. It has taken many cases of computer crimes, often against political and economic power: many of his opponents listed in recent months has defended the alleged dome of Anonymous and administrators of virtual communities Menéame and Vagos your latter case was the defense of the alleged hacker TV3, accused of revealing the millionaire salaries of executives of the public broadcaster".

- How and when did you get to the network?

- I started in the world of BBS, early 90s with a 2400 baud modem. Internet businesses started in 1995, first with OS / 2, in January and September from Windows.

- Your last media case has been the defense of one of the alleged members of the "dome Anonymous" in Spain.

- Yes, indeed, today is pending of sentence. From my point of view, it was an attempt to criminalize the 15M movement in Spain that Anonymous was directly involved from the earliest days of initiative ; Do not vote

 At one time he called you "the lawyer hackers". Why?

- A new Penal Code which regulated for the first time cybercrime, including intrusion systems was approved in 1995, and defended the first accused of such crimes, I guess that's why I awarded the 'title', although cases of hackers are by no means the most numerous: in practice, most cases of computer crimes that have argued are related to property crimes intellectual. The strange thing is not to call me 'pirates lawyer'.

 What do you think about the way to make Anonymous hacktivism?

- There are so many Anonymous as Internet, so you can not generalize. There are intelligent and constructive hacktivism, and other forms of hacktivism that are neither smart nor constructive. I prefer not to judge, and judges that are responsible, we will defend all kinds of hackers regardless of their actions.

- We live in an increasingly limiting current legislative hacking. Do you think it is the right way?

- It is a path that severely limits the possibilities for innovation, particularly increases and computer insecurity. System administrators need to defend study the tools used by hackers. Criminalizing programs is a serious error of our Criminal Code.

- If not, what should be the right way?

- Must be a crime that which violates fundamental rights, such as personal and family privacy and freedom of expression online. Criminalizing all access to computer systems is not smart nor effective: only be punished according to the actual damage caused.

What about Spain, what is your opinion on legislation concerning security?

- We now have the most restrictive laws in Europe, with very high penalties, in some than crimes against physical integrity or sexual freedom cases. From my point of view is an absurdity that will bill us as a country.

-The European Parliament adopted in March this year Policy Information Security and Networks, which requires only companies critical infrastructure to notify in case of attack and exonerates the great facilitators of services, such as Google or Amazon . Do you think that Europe is hitting its legislation?

- Europe legislates for lobbies, unfortunately. Many directives are drafted by large law firms, which sometimes have more power than legislators Europe Parliament

- Do you have any phrase that guide your steps and you want to share with our readers?

- The last that I have posted on the Twitter profile of the office, from a militant unbelief: 'Trust in Justice is like trusting in God. Has no rational basis, it is simply a matter of faith.


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