DDos- attacks on website of newspaper “Ak Zhaiyik” continued

The editorial staff of newspaper “Ak Zhaiyik” informed that during month its website operated erratically. From time to time, this Internet-resource had DDos-attacks. First of all, there were DDos-attacks from foreign countries that’s why there was necessity to block access for foreign visitors. But, during last days there were DDos-attacks from territory of the Republic of Kazakhstan. The administration of website should close and debug services of website.   

The editorial staff of newspaper “Ak Zhaiyik” believed that it was connected with trial of case of civil activists Maks Bokaev and Talgat Ayan which they covered in details.

Our legal advise:

The distribution of DDos- attack was fallen within the scope of article 210 “Creation, use or distribution of malicious computer programs and program products” of Criminal Code of the Republic of Kazakhstan shall be punished by the fine in the amount of up to three thousand monthly calculation indices and shall be punished by imprisonment for the term of five to ten years.

The physical entity or a group of persons may be charged with a criminal offence for this crime. As a general matter, there is no knowing, who they are. It makes difficult searching process of offenders.

At the same time, criminal police of Ministry of Internal Affairs and all Departments of Internal Affairs of the Republic of Kazakhstan have divisions of anti-crimes in the sphere of information technologies. They fight also against illegal infiltration into computer networks.

The party which had DDos-attack, it has a right to file complaint with police, according to its place of location or location area of offender, if it is known. So far, Kazakhstan has signed some agreements with other countries in the sphere of securing of information security. They envision system of legal organizational and technical, organizational and economical measures, in order to find threats of information security, prevention of realization of threat, restraint and rectification of the consequences of such threats.      

These agreements are applied for foreign offenders, who are in states which concluded such agreements.

From our point of view, it does not pay to file complaint with police. It is necessary to inform about this and file complaint with prosecutor’s office, relevant ministry and etc. It gives the expected result, when some persons file their complaints with police who had problems with access to information, posted on the website. It is obvious that law enforcement agencies can not ignore it, because the point at issue is about mass violation of the constitutional right for access to information (article 20 of Constitution of the Republic of Kazakhstan). Of course, it is necessary to control process of consideration of complaint in law enforcement agency. Technical specialists must register DDos-attack and they shall care of safety provision of their Internet-resource.