Bufete de abogados penalistas Alonso Sala

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Hacking & Intrusion

Defense against accusations of illicit access to computer systems. The distinction between ethical hacking and crime.

Digital Trespassing

The crime of computer intrusion punishes anyone who accesses or remains in an information system against the will of its owner. It is not necessary to cause damage or steal data; the mere fact of "entering" by breaking a password is already a crime.

Defense Strategies

check_circleAbsence of Security Measures: If the system was open or with default passwords ("admin/admin"), we argue that there was no security "breach", a necessary element of the offense.
check_circleTacit Authorization: Common in labor or partner conflicts. If the user had legitimate keys and they were not formally revoked, there is no illicit access.

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Why Alonso & Sala for Hacking?

Specialized defense in illicit system access. Technical-legal mastery of vulnerabilities, pentesting, and forensic attribution.

securityForensic computer experts for log analysis and digital behavior evidence.
security'Open door' defense: absence of security measures as cause of atypicality.
securityTacit authorization strategy in labor conflicts (credentials not revoked).
securityWhite hat hacking experience: no harm + company collaboration.

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FAQs

Is it a crime if there was no password?expand_more

This is a key defense. The crime requires 'breaching security measures'. If a system was open to the public (e.g., a shared folder without a password), access is not a crime, even if the information was private. The responsibility would lie with the owner for not protecting their data.

What if I guessed the password because it was '1234'?expand_more

Even if the password is weak, it is still a security measure. Bypassing it is breaching it, so technically it is a crime. However, the weakness of the key can be used to argue the lack of severity of the conduct.

What is 'ethical hacking'?expand_more

It's when a security expert looks for vulnerabilities in a system with the owner's authorization (pentesting). It is a legal and necessary activity. The problem arises with 'white hat hacking', when it's done without prior permission, even to report a flaw. Technically, it is a crime.

If I entered but didn't steal or delete anything, is there a crime?expand_more

Yes. Art. 197 bis punishes mere access ('digital trespassing'). It is not necessary to seize data or cause damage. The simple act of entering and 'looking' is already punishable.

An ex-employee used their old credentials to log in, is it a crime?expand_more

Yes. Even if the company forgot to revoke their credentials, they know they are no longer authorized to access. They commit a crime of illicit access, and if they also copy client data for their new company, also revelation of secrets.

What is the penalty for this crime?expand_more

The prison sentence is from 6 months to 2 years. If secrets are discovered or serious damage is caused, the penalties increase considerably.

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shieldClaves de la Defensa

No Security Measures

Open door/default key → no breach → atypicality.

Tacit Authorization

Legitimate credentials not formally revoked (ex-employee).

No Intent

Accidental access/no intent to snoop (digital evidence).

gavelElementos del Delito

check_circleAccess:Breach security measures of computer system (Art. 197 bis).
check_circlePermanence:Remain in system against owner's will (even if lawful access).
check_circleNo damage:No theft/damage required → mere 'trespassing' punishable.

gavelConsecuencias Penales

Prison 6m-2 years

Basic illicit access (Art. 197 bis).

Aggravated

If you discover secrets or cause serious damage (higher penalties).

Ex-employee

Illicit access + company secrets revelation (accumulation).

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Accused of Hacking?

Technical defense in illicit access. No security measures and tacit authorization strategy.

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