Criminal Aspect of Public Telecommunications Networks Crime and Social Engineering Prevention

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Introduction: the author discusses certain features of public telecommunications networks and social engineering crimes. Literature review: the author studied the works of M.M. Babaev, I.R. Begishev, R.I. Dremlyuga, M.A. Efremova, S.I. Ivantsov, Y.E. Pudovochkin, E.A. Russkevich, N.Y. Skripchenko, S.N. Titov and others on preventive criminalization and increasing criminal liability for public telecommunications networks crimes. Materials and Methods: general and specific methods of scientific conception (dialectical, legal, system and structure methods and content analysis) formed the methodology of the study. Strategic planning documents, federal laws dealing with the subject under study, as well as publications in public domain (Mass media) were empirical research. Results: the author concludes that criminal prevention of these types of crimes is an integral part of the common criminal policy of the legislature aimed at the proper protection of information security. The author also considers scientific positions of the perspectives on the criminalization of information and telecommunications technologies and AI technologies used in fraud. The author believes it is inappropriate to introduce a qualifying characteristic “with the use of public telecommunications” to the crimes of fraud while applied artificial intelligence technologies contribute to the criminal transformation of social engineering attacks, increases the threat to society making them more massive yet personalized which makes it appropriate to criminalize these technologies in the commission of criminal offences. Discussion and Conclusions: it is proposed to amend the criminal legislation in terms of additions to the differentiation model of criminal responsibility with a new qualifying element “committing a crime using artificial intelligence technology”. The author suggests to introduce the element to Articles 159, 1593, 1596 of the Criminal Code of the Russian Federation, as well as to add “committing a crime using artificial intelligence technology” to the list of aggravating circumstances established by Article 63 of the Code.