CYBERCRIME. Nigel, Lochie, Anika and Martin. International Cybercrime Law.
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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 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.
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
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