An analytical overview on the virtual environmental crime 13
In this excurse we will stop to analyze an interesting problem and of
dimension – phenomenon, regarding violations of the right to life protected in
the virtual environment through the promotion of antisemitic, negationistic,
racist and xenophobic attitudes.
protected in the virtual environment by We can thus speak of
cyber-Semitism, cyber-negationism, cyber-racism and cyber-xenophobia,
phenomenon adapted to the virtual environment, perfecting its techniques of
promotion and dissemination of ideas, finding new adepts among youth.
Romania is one of the few European countries which has adopted a
legislation in this area, however, we can see that the romanian legislator must
adjust the speed of response depending on the conquests of technology and
science, as the malevolent do.
3. The criminal protection of privacy against cybercrimes. Negationism,
anti-Semitism, racism and xenophobia in the virtual environment
In order to find ways of combating racism, anti-Semitism and xenophobia,
both at international and national level, there were concerns, particularly in the
legal environment, to be created legal instruments able to provide protection of
citizens injured in their rights and to facilitate the bringing to justice of those
responsible for such manifestations.
Thus, the legislation of states tends to impede the racist, negationist,
anti-Semitic and xenophobic attitudes, the threats and instigation of violence
against groups of individuals, having as theme, the discrimination based on race,
religion, nationality or ethnic origin.
The emergence and development of technologies, especially the expansion of
the use of digital technologies, which provide access, processing and storage of
information in a cheaper and easier manner, has led to the formation of an
attractive and easy accessible perimeter of manifestation, of racist and
xenophobic propaganda, and also allowed hiding the identity of individuals,
thus hindering the approach of authorities in finding the offenders and holding
Based on these realities, and the need to strenghten the mechanisms for
human rights protection, on January 28, 2003, there was signed in Strasbourg, an
Additional Protocol9 concerning the criminalisation of acts of a racist and
xenophobic nature committed through computer systems10, protocol ratified by
Law no. 105/2009 of the romanian legislature.
Internally, since 2002 existed Emergency Ordinance no. 31/2002 prohibiting
organizations and symbols of fascist, racist or xenophobic character and
9 Additional Protocol to the Convention on cybercrime, signed in Budapest on 23 November
2001, published in Official Gazette, Part I, no. 343 of 20/04/2004, European Treaty Series No. 185,
ratified by the Romanian Parliament by Law no. 64/2004.
10 To be seen at http://conventions.coe.int/treaty/en/Treaties/Html/189.htm.