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Sismi-Telecom» Trial Geographic Information Systems Conference and Exhibition “GIS ODYSSEY 2016”, 5th to 9th of September 2016, Perugia, Italy Conference proceedings CYBER-SECURITY IN ITALY: ON LEGAL ASPECTS OF THE «SISMI-TELECOM» TRIAL Giovanni Luca Bianco, Ph.D. Ionian Departament of Law Economics and Environment University of Bari e-mail: [email protected] Bari, Italy Abstract «SISMI-Telecom scandal», as it is known in Italy, is illegal phone tapping by some people in charge of security at the Telecom Italia Company. The case became common knowledge in September 2006 because 34 people were indicted and there were 21 provisional arrests among many employees at Telecom Italia, among national police and members of the Carabinieri Corps (paramilitary police of the Italian Armed Forces) and of the Guardia di Finanza (Inland Revenue Police)». In 2010, some journalists revealed what was happening and stated that thousands of people had been secretly put under unauthorised surveillance by Telecom Italia and illegal dossiers had been created. People’s lives were monitored as well as their bank accounts; even the data banks of the Italian Ministry of the Interior were accessed. Ultimately, the SISMI-Telecom trial ended with very mild sentences between settlements and state secrets. Yet, in the information age, the SISMI-Telecom scandal can be considered “dead” only from a procedural point of view. According to the interpretation of some experts on the case, the famous law that has destroyed and ordered the destruction of those dossiers, is a suicide law because those files were all in electronic format, and of course continue to circulate and keep producing poisons. Keywords: Cyber, Cybersecurity, Cyberspace, Cybercrime, Software Vulnerability, Ghioni Fabio, «Polis D’istinto» Agency, Secret Services, SISMI-Telecom Trial, Tavaroli Giuliano, Tiger Team. Introduction Cyber security can be defined as «the framework of requirements adopted to prevent information systems from being hacked or accessed by undesired intruders. It deals specifically with all the technologies, processes and procedures created to protect networks, computers and data from risks or unauthorised access» (ILSOLE24ORE.COM, 2015). All in all, this framework allow states, companies and legal persons to be secure (CYBER SECURITY NATIONAL LAB, 2015), and it serves as a safeguard especially against cyber crimes (WIKIPEDIA, 2016a) perpetrated by adversaries, competitors and notorious cyberterrorists. As a consequence of this and taking into account thedigital age we live in, it seems necessary to set up defence-related policies – also from a legal standpoint – in order to tackle these new types of threats. And then – if needed – to punish and, above all, discourage those who subvert the established order by holding exemplary and memorable trials (as we will see in the SISMI-Telecom scandal, as it is known). On the one hand, cyber security, cyber crimes, and cyberterrorists can be seen as neologismscyber marked by the prefix “cyber”. On the other hand, words like “security”, “terrorists”, “crimes” are already part of a well-established legal and economiccyborgisation terminology. When talking about it,cyborg still seems something elusivecyborgs and new to the eye. For instance, in Italy in the famous Treccani Encyclopedia, it speaks of the “cyborgizzazione” ( , or the act of gaining -like features) of nature or of , when it comes to genetics or cybernetics respectively.cyb The former orgdefinition deals with the insertion of even a clock (TRECCANI, 2016a) into the genetic structure of seeds [used in agriculture]; the latter refers to “cyborg” – from the word (ernetic) and (anism) – that is an «automaton of endless and exceptional physical and mental resources created by grafting synthetic limbs and organs onto living human bodies» (TRECCANI, 2016a): indeed, a humanoid robot. Such concepts might seem so futuristic to most of people that they may even qualify as science fiction. If we look deeper, the prefix cyber comes from the ancient Greek “kυβερ” (helmsman). There is nothing new about it, so what? The helmsman is the person who is at the helm of the ship and steers 35 Geographic Information Systems Conference and Exhibition “GIS ODYSSEY 2016”, 5th to 9th of September 2016, Perugia, Italy Conference proceedings using the currents of the Water and the Air to follow the desired route. After Columbus’s Discovery, all the ships were steering towards the new world to find gold. This precious metal was used as a collateral to “lead” all the commercial trades through money, which was in turn becoming currency, that is the new “current”. Only the real helmsmen (states and banks) managed to steer with such a “new” current. «Kυβερ» has always concerned governing something. For example, in the 1950s cybernetics (TRECCANI, 2016b) was created by N. Wiener – from kυβερ (helsman) + τέχνη (art) – that is the art of steering. The subject of this field is the study and the control of active and living systems (states, beehives among others) and non-living ones (electric circuits). Cybernetics, according to Oskar Lange «came to being as a general science of regulation and control of the systems consisting of various and mutually related elements»cyber(LANGE, 1977, p. 10). AmongInformation these systems, capitalism and communism were worthy of mention. Nowadays, the prefix applies to the new Gold, « », which is fast-moving in the age we live in and emerges in the outlined paths of the new telematic and global framework. All things considered, cyber security aims at answering the same old question put by Sun Tzu almost 2,500 years ago: «If you know the enemy and know yourself, you need not fear the result of a hundredThe Art ofbattles. War If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle» (SUN TZUThe, tip of the iceberg). Telecom Italia When searching for the «SISMI-Telecom scandal», at the beginning of the Wikipedia page it says «illegal phones tapping by some people in chargeTelecom of security Italia at the Company. [The case] becameCarabinieri common knowledge in September 2006 because 34 people were indicted and thereGuardia were 21di Finanzaprovisional arrests among many employees at , among national police and members of the Corps (paramilitary police of the Italian Armed Forces) and of the [Inland Revenue Police]». Telecom Italia In 2010, the journalist P. Gomez revealed what was happening and stated that thousands of people had been secretly put under unauthorised surveillance by and illegal dossiers had been created. People’s lives were monitored as well as their bank accounts;Telecom evenItalia the data banks of the Italian Ministry of the Interior were accessed. After many years, «all of this would now turn out toBEPPEGRILLO.IT be a joke, or close to it, [because]the major defendants in the trial – employees – are doing plea bargains and the sentence is confined to limited compensation for damages» ( , 2010a). Telecom Italia So far, the top managers have been witnesses to the trial without turning out to be defendants charged as such. According to the judges in the criminalBEPPEGRILLO.IT proceedings, the CEO was far from being aware of the thousands of interceptions occurring within his company and there is no proof beyond reasonable doubt that he is guilty ( , 2010b). Whencarabinieri the scandal came to public knowledge, the major Italian telecommunication company, the Italian Intelligence Agencies (and maybe other foreign ones?), the national police and the were all involved in it. The representation of this case was purposely deceptive – both the mass-media and the proceedings were misleading – in order to have people focus only on minor aspects of the case instead of devoting their attention to the real sides of the scandal, MensincludingMentis the fight to acquire power and the aim to control people’s brains using the Internet. Institutions, companies and individuals are seeking this power to «GovernMent» («Govern / » – «Govern-Minds»). In fact, looking at the mass-media records and articles in journals about this scandal, it appears that only part of the truth has been revealed. This effect can be explained by Freud’s iceberg metaphor. The Austrian scholar compared the mind with an iceberg: the conscious mind is seen as the tip of the iceberg – generally accounting for the tenth part of the entire volume – the part which is hidden underwater more or less accounts for 9/10ths of the volume and represents the unconsciousness. In the iceberg of the «SISMI-Telecom scandal», what is normally seen is only the floating part above the surface, which is controlled by the media; at the same time, public opinion is not aware of the biggest part below the surface, up against which, following the definition, given by C. Mortati, of the “material” (real) constitution of a state, press the forces of vested interests. In this way, A. Monti claims that – in the field of cybernetic wars – we can «reasonably think that “outside” of courtrooms there is much more than the judges and police officers really know» (MONTI, 2005, p. 6). It is actually that which Vico’s Theory of «historical recurrence» suggests and it is discovered only 36 Geographic Information Systems Conference and Exhibition “GIS ODYSSEY 2016”, 5th to 9th of September 2016, Perugia, Italy Conference proceedings by those people who can thoroughly analyse the situation. In 2005 – when the internet was still at the beginning of its evolution – Monti outlined that «the search for words like “Internet” and “crime” on the latest available version of the jurisprudential references (case-law database) [produces] 31 occurrences regarding sentences made by the Supreme Court for criminal offences. [Among them], 6 deal with infringement of gambling laws, 14 cases of child pornography and “distribution of obscene material» (MONTI, 2005, p. 5), 3 cases of defamation, 2 cases of prostitution, 1 case of harassment, fraud, unauthorised possession of passwords, interceptions, drugs and intellectual property infringement.
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