Source: lawandtrends.com At the end of 2015, Facebook had 1.55 billion monthly active users. Nowadays you can follow any update with all kinds of devices. Whether for posts, photos, or videos from friends and family, or brands of interest. Still, any tool, however useful it may be used for criminal purposes because of three basic concepts:
- Anonymity and easyness to create fake user profiles
- Great difficulty to knowing the location of the offender
- There is no uniform criminal code globally.
It is known that as new technologies appear new loopholes and new forms of crime through them. We will see a summary of the most common of them:
Crimes against Honor
Obviously both slander and libel occupy a prominent role. Slander is attributable to a third party a crime with contempt for truth, and goes through utter insulting expressions injuring the dignity of another person, his reputation or self-esteem. Giving a contact or a third party titles like “thief”, “swindler”, “rapist” or “murderer”, involves allegations of such gravity that can lead to prison sentences of six months to two years. Similarly expressions like “bastard” are commonly held to be insulting, punishable by up to fourteen months in prison if made with advertising, as would be the case through Facebook, and can have a major impact in family or work area of injured. Despite the imposition of penalties and fines it is concluded that slandering and insulting in Spain is relatively “cheap” given that it is virtually impossible to quantify defamatory spreading the message and the feeling of rejection generated in other citizens on the complainant.
Suppose to warning a third party causing damage. Penalties depends on the type of threat and to whom it is addressed. Messages sent through Facebook which content is similar to “kill you” or “look like an accident,” can have serious consequences for its author. However, for the victim isn’t enough to simply report what has happened, it must demostrate that indeed the person who is the owner of suspicious profile through which received the threat or event otherwise be acquitted.
Phishing and discovery and disclosure of secrets
Some of the most popular crimes and whose risks are virtually unknown to the authors. Impersonate another person on Facebook is punished with imprisonment ranging from six months to three years. To commit it, is not simply to use the name of another person, but it must be done in order to use rights and actions of the impersonated. We emphasize that our judges are still unfamiliar in many cases, the operation of Facebook and other social networks so the assistance of an attorney experienced in this area is crucial when it comes to successfully complete the criminal proceedings. The crime is defined as an activity aimed to enter the profile of a person using your access codes against their will, taking the material it has published or shared with other users. Tolerance or permissiveness in the use of passwords by third party completely alter the fact that the crime is committed.
The scam, that is, the possession of money or assets of a person through deception, lies, and adulteration of reality, has continued to spread through the Internet since birth, and therefore is also present on Facebook. It usually develops by using fake profiles that attract the attention of the user to whom or claiming financial assistance to avoid a situation of need continues to be artificial, or inform you of winning an alleged prize or contest who has never participated. This crime is a major challenge since by people living in distant countries whose legislation obsolete and hinders any investigation might have occurred.