Nigel, Lochie, Anika and Martin
• As the internet is becoming the most popular area of
crime, countries around the world are struggling to
update the law to restrict criminals from continually
committing The most significant international law
relating to cybercrime is the European Union’s
Convention on Cybercrime.
• The Cybercrime Convention has been signed by most
of the members of the EU and some non-members
including Japan, South Africa and the United States.
• Article 2: “Illegal Access” - requires parties to establish criminal
offences for unauthorized access.
• Article 3: “Illegal Interception” – requires parties to prohibit the
intereception of transmissions from non-public (e.g. within the pc).
• Article 4: “Data Interference” - requires parties to establish criminal
offences for "the damaging, deleting, deterioration, alteration or
suppression of computer data".
• Article 5: “System Interference” - requires parties to prohibit, as
criminal offences, the serious hindering of another person's computer
system by "inputting, transmitting, damaging, deleting, deteriorating,
altering or suppressing computer data."
• Article 6: Requires parties to criminalise "the production, sale,
procurement for use, import, distribution or making available" of
illegal software programs or software intentionally created to cause
harm or perform illegal activities.
• Robert Tappan Morris developed a software ‘worm’
• Wanted to demonstrate certain security flaws in Unix
• Wanted to demonstrate technological potential of computer
worms
• Intentions were not criminal but the worm he created
unintentionally causes damage to the computer it is installed into
• Led to $100,000s to internet server operators, and computers
everywhere had to shut down to get rid of the worm.
• Only crime Robert Tappan Morris was charged for was
obtaining unauthorized access, and not for causing damage.
• The Commonwealth's Cybercrime Act 2001 offers the most
comprehensive regulation of computer and internet related
offences.
• The commonwealth act provides that a person who intentionally and
without authority obtains access to commonwealth data is guilty of an
offence. Section 76B (2).
• Data includes :
- Security, defence or international relations of Australia;
- Confidential sources of info relating to enforcement of Australian
crime law
- Enforcement of Australian law
- Protection of public safety
- Personal affairs of any person
- Trade secrets
- Records of financial institution
- Commercial information
• IT is also an offence if a person alters information stored on a
computer or to impede access to a computer.
• New South Wales Crimes Act states that a person who intentionally
and without authority destroys, erases or alters data stored, inserts
data or interferes with is liable to imprisonment or a fine or both
(Sections 308C and 308D)
• The Commonwealth Act s 76C says that a person is guilty of an
offence if they
- intentionally and without authority destroys, erase or alters data
stored in or inserts data into a commonwealth computer
- Interfere or obstruct lawful use of a commonwealth computer
- Impede of prevent access to or impair the usefulness or effectiveness
of the commonwealth computer
• If there can or can not be theft of
computer data remains unsettled.
• An intruder into a computer system who
dishonestly appropriates information is
likely to be charged with unauthorised
access or computer trespass rather theft
• In the offline environment it generally involves deception
though the use of a tangible object such as a created
document
• In cyberspace it may be committed through the use of
digital technology
• Section 477.1 of the Commonwealth Criminal Code
provides that a person who without authorisation accesses
or modifies data held in a computer or impairs
communications to and from a computer with intent to
commit a serious offence is guilty of an offence and is
punishable with up to 10 years depending on the offence.
• The internet and other communication technologies poses
new risks for children becoming the victims of crimes with
offences such as child pornography and ‘child grooming’
• Child grooming is a process that begins with sexual
predators taking interest in a child and making them feel
special with the intent of forming a bond to get personal
details, procuring the recipient to engage in or submit to
sexual activity with the offender or another person.
• Offenders can seek out victims through chat rooms, instant
messaging, emails and mobile phones.
• In NSW the Crimes Act 1900 had changes made to it in
2007 introducing penalties for these offences