Computer Crime
Internet brings the potential for the positive development of the society on the other hand it provides a heaven for the criminal activities and warns the legislature to respond to this new challenge. The ‘2002 Australian Crime and Computer Survey’ revealed that 67% of organisations surveyed experienced an electronic attack, twice the level experienced in 1999, and higher than the US, with 35 % of these companies experiencing six or more attacks. Yet despite the frequent occurrence of cyberspace crime there is a reluctance to report offences, 61% of respondents choose not to take any legal action.1)The reported crime mostly included child pornography and paedophillia (54%), followed by hacking(16%), worms and viruses (8%) etc.
The parliament joint committee on Australian crime commission notes that there is no statutory definition for such kind of crime. Various departments have defined Computer Crime in their own ways such as the Australian Crime Commission (ACC) observed that the expression e-crime, computer crime, High Tech crime, and cybercrime all refers to the same phenomenon and quotes the definition of e-crime as used by the Australian centre for police research:
E-crime includes: offences where a computer is used as a tool in the commission of an offence, as the target of an offence, or used as a storage device in the communication of an offence. 2)
Therefore, broadly speaking, computers can play three distinct roles in a criminal case. First, a computer can be the target of an offence. This occurs when conduct is designed to take information without authorization from, or cause damages to, a computer or computer network. “The Melissa” and “Explore.Zip.Worm” viruses, along with hacks into the White House and other web sites, are example of this type of offense. Second, a computer can be incidental to an offense, but still significant for law enforcement purposes. Ex, drug traffickers may store transactional data (such as names, dates and amounts) on computers, rather than in paper form. Third, computer can be a tool for committing an offense, such as fraud or the unlawful sale of prescription drugs over the Internet. Each of these three roles can be and often are present in a single criminal case.
Computer-related crime, like crime in general, may be explained by the conjunction of three factors, motivation, opportunity and the absence of capable guardianship. Motivations will vary depending on the nature of the crime in question; Opportunities are expanding dramatically with the rapid proliferation and penetration of digital technology. Control of computer-related crime entails a mixture of law enforcement, technological and market-based solutions. The pursuit of a strict enforcement agenda is, in most cases not feasible because of the limited capacity of the state.
Specific Examples of Computer Crime:
There are various other computer crime,amongst which:
Legal frame work:
The council of Europe’s convention on Cybercrime 2001 is the first attempt at an international instrument to address substantive as well as procedural aspects of offending behavior directed against computer systems, networks, or data, as well as other abuses. It aims to harmonise national legislation in this field, to facilitate investigations and to encourage efficient cooperation between the authorities of different nation states.
In June 2001, the European Committee on Crime Problems (CDPC)- an intergovernmental expert body reporting to the council of Europe’s Committee of Ministers- approved the final draft to the Convention, and it was adopted on 23 November 2001.
The treaty creates nine areas of criminal offences:
illegal access; illegal interception; data interference; system interference misuse of device; computer -related forgery; computer-related fraud; on-line child pornography; and offences related to copyright and neighbouring rights.
In conjunction with these codified offences, the treaty sets legal rules and guidelines for a variety of state actions, such as obtaining information from Internet service providers (ISPs), tapping and collecting traffic data and content data, extradition of cyber-criminals, and international cooperation among authorities.
Cybercrime laws in Australia:
There are literally hundreds of laws, spread throughout the jurisdictions of Australia, which could potentially apply to criminal activities that targets or utilizes the internet, computers, and information networks. However, the main provisions enacted by the federal and state governments are as under:
The NSW legislation in force prior to the 2001 amendments contained general computer crime provisions that could also be used to cover Internet crime (the old sections 307-310). In June 2001 an amendment to the Crimes Act 1900 was enacted through the Crimes Amendments (computer offences) act 2001. this amending act was designed to tighten penalties for prohibited acts relating to computers and to introduce specific provisions covering viruses and hacking. The new provisions were based on the Model criminal code recommendations; they introduced a new part 6 into the Act that mirrored the provisions of the commonwealth Cybercrime Act 2001 . read Crimes Act 1900 (NSW) as Amended, sec : 308, 308A, 308B, 308C, 308D, 308E, 308F, 308G, 308H, 308I.
The Cybercrime Act inserted a new part 10.7 SCHEDULE 1 - Computer offences into the Criminal Code, entitled Computer offences. Div 476 of part 10.7 is divided into several sections. Section 476.1 contains a number of definitions, including what constitutes data held in a computer, access to data held in a computer, impairment of an electronic communication and modification. Section 476.2(1) deals with the meaning of unauthorized access to, modification or impairment of data. These actions are defined to be “unauthorised” if the person is not entitled to cause that access, modification or impairment. Such a definition is essentially straightforward, although the section becomes more complex when considered in the context of subsection (2), which states any such access, modification or impairment caused by the person is not unauthorized merely because he or she has an ulterior purpose for causing it. The section is further expanded in subsection (3), which states that a person causes unauthorized access, modification, or impairment if the person’s conduct substantially contributes to it. There is no guidance as to when a person’s action would satisfy this requirement. Beside these sec the act has also introduced several new offences carrying jail terms of up to 10yrs. Div 477 and Div 478 include the offences.
Cyberterrorism:
Cyberterrorism is defined as ‘unlawful attacks against computers, networks and the information stored therein when done to intimidate or coerce a government of its people in furtherance of political or social objectives’.3) Not all Internet crimes against government will satisfy this definition. For example: harassing or annoying a government department or hijacking its websites over the internet dose not constitutes a ‘terrorist attack’ unless the elements of ‘coercion’ and ‘intimidation’ are present. It is believed that cyberterrorism attack would be aimed towards Australia’s critical national infrastructure. This infrastructure includes publicly and privately owned utilities, including water, electricity and gas supplies; air- traffics control system, telecommunications, transport system etc. most of these system are computer-operated, thus increasing their vulnerability to an internet-based attacks.
Following the September 11 attacks, the Cybercrime Act was praised as being almost prophetic as its broadly worded provisions could be used in the prosecution of those responsible for these cyberterrorist attacks. These provisions had the potential not onlt to catch ordinary cyber- criminality but also the more serious manifestations of crime that might attack the label of cyberterrorism. Further, section 15.2 of the Criminal Code will extend Commonwealth jurisdiction to cover situations where either criminal conduct occurs in Australia, or the result of the conduct occurs in Australia.4)
In 2002, the Federal government introduced a package of laws specifically aimed at legislative protecting Australia from terrorist attacks. These laws included, among others, the Suppression of the Financing of Terrorism Act 2002,the CRIMINAL CODE AMENDMENT (SUPPRESSION OF TERRORIST BOMBINGS) ACT 2002, the TELECOMMUNICATIONS INTERCEPTION LEGISLATION AMENDMENT ACT 2002, and the Act under consideration here, the SECURITY LEGISLATION AMENDMENT (TERRORISM) ACT 2002. While this Act does not specifically deal with Internet Crime- and to date Australia dose not have a single cyberterrorism offence- it does deal with occurrence of this age-old crime via this thoroughly modern medium. read: SCHEDULE 1 - Amendment of the Criminal Code Act 1995 of SECURITY LEGISLATION AMENDMENT (TERRORISM) ACT 2002.
Online-genaral and sexual offence:
The CRIMES LEGISLATION AMENDMENT (TELECOMMUNICATIONS OFFENCES AND OTHER MEASURES) ACT (NO. 2) 2004 NO. 127, 2004 is by far the most detailed Internet crime legislation to be introduced by any Australian government. The Act introduces amendments to the Criminal code, including changes to those created in the Code by the Cybercrime Act. The application of the amendments were not limited solely to the Interne; it encompasses the television and radio. However Internet is the main focus. It introduces offences involving traditional crimes that can now be committed on the internet, including threats, hoaxes and the distribution of child pornography (SCHEDULE)1.
Financial information:
SCHEDULE 3 of the CRIMES LEGISLATION AMENDMENT (TELECOMMUNICATIONS OFFENCES AND OTHER MEASURES) ACT (NO. 2) 2004 NO. 127, 2004 introduces a new part 10.8 to the end of Chapter 10 of the Criminal Code. The new sections make it an offence for a person to dishonestly obtain or deal in personal financial information without the consent of the person to whom the financial information relates, with an applicable penalty of 5years imprisonment. Similarly, ‘Personal financial information’, ‘dishonest’ and ‘obtaining personal financial information’ has been defined giving its broad meaning.
Suicide related material:
The CRIMINAL CODE AMENDMENT (SUICIDE RELATED MATERIAL OFFENCES) ACT 2005 NO. 92, 2005 inserted two new sections into the Criminal Code. These create offences for certain materials related to suicide. While these are criminal offences, they also overlap with content with regulation.
External Links
References:
- Y.F.Lim, Cyberspacelaw, Commentaries and Materials, 2nd Edition.
Case laws:
Useful reading:
Articles:
