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Posted: November 19th, 2022
Cybercrime: Law 402:law of e-commerce
Since the internet doesn’t recognize national boarders, many of the issues related to contracts and other forms of business communication also relate to cybercrime.
Responses to the various forms of cybercrime vary from country to country
Australia typically deals with cybercrime by federal law.
Majority of computer crime involves the use of telecommunication networks.
Seven computer related offences listed in the Criminal Code include:
Accessing or modifying computer data
Impairing electronic communications
Causing unauthorized modification of data
Causing an unauthorized impairment of electronic communications
Accessing or modifying data protected by a password or other security features
Passing a magnet over a credit card or cutting a computer disk in half
Causing unauthorized impairment of the reliability, security or operation of data
Law enforcement has the power to monitor criminals’ emails, SMS messages and voicemail if they are suspect of cybercrime involvement such as terrorism, fraud or any other act deemed a criminally offense.
Through the use of a warrant they are able to obtain any stored information relating to the offense.
Encryption and passwords often cause problems for law enforcement’s ability to obtain criminal information.
Encrypted data can be nearly impossible to decipher.
A magistrate can order a person with computer system knowledge to assist with security barriers.
The power extends to disclosure of passwords, codes, cryptographic and steganographic methods.
There is not a uniform international approach in place to address computer and electronic commerce related offenses even though every country including the states and territories therein has laws against the misuse of computers.
UNICEF Optional Protocol on the Sale OF Children, Child Prostitution and Child Pornography became effective in January 2002.
Recognizes child pornography as a violation of children and a criminal act that requires legislative measures to prevent the exploitive use of children in pornography.
Prohibits the act of maintaining, using, or advertising for a website related to interactive gambling to people in Australia.
Definition: “continued and intentional conduct directed at another person that would cause a reasonable apprehension of violence or detriment to the stalked person or another person”
Examples: spamming, posting improper messages on bulletin boards, forwarding viruses, threatening or offensive email, and electronic theft
Includes obtaining goods or services by deception, voter registration, terrorism, drug trafficking and identify fraud using stolen identity to commit fraudulent acts such as tax evasion, obtaining government benefits, or other services under someone else’s identity.
Involves attempts to fraudulently obtain sensitive information such as passwords, banking and credit card details by impersonating as a trustworthy person or business. It causes the victim to undergo financial loss, loss of email facilities, diminished credit ratings and other related issues resulting from identity theft.
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