Difference between revisions of "Cyberlaw"
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| − | The Budapest Convention on Cybercrime is the first international convention relating to cybercrime, intended to improved cooperation and methodology between nations. As an international treaty, it is signed and ratified by many countries in and out of the European Union. You can find a detailed list of countries currently participating [http://conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=185&CM=8&DF=28/10/2010&CL=ENG here]. | + | The Budapest Convention on Cybercrime is the first international convention relating to cybercrime, intended to improved cooperation and methodology between nations. As an international treaty, it is signed and ratified by many countries in and out of the European Union. You can find a detailed list of countries currently participating [http://conventions.coe.int/Treaty/Commun/ChercheSig.asp?NT=185&CM=8&DF=28/10/2010&CL=ENG here]. The laws only apply if the government of a country has <i>ratified</i> the treaty. |
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Contents
Australian Cyberlaw
Acts Applying to Cybercrime in Australia
- Crimes Act 1914
- Australian Security Intelligence Organisation Act 1979
- Telecommunications (Interception) Act 1979
- Criminal Code Act 1995
- Education Services for Overseas Students Act 2000
- Cybercrime Act 2001
Cybercrime Act 2001 Offences
These are the main federal offences in Australia, state laws can and are usually applicable to cybercrime as well but are not mentioned here due to the diversity.
Division 477—Serious computer offences
- 477.1 Unauthorised access, modification or impairment with intent to commit a serious offence
- 477.2 Unauthorised modification of data to cause impairment
- 477.3 Unauthorised impairment of electronic communication
Division 478—Other computer offences
- 478.1 Unauthorised access to, or modification of, restricted data
- 478.2 Unauthorised impairment of data held on a computer disk etc.
- 478.3 Possession or control of data with intent to commit a computer offence
- 478.4 Producing, supplying or obtaining data with intent to commit a computer offence
Case Study: First Cybercrime Conviction in Australia
There were no laws prior to the late 1980’s in Australia regarding cybercrime. For this reason, Australian hackers were quite prevalent as all and any actions on computers and between networks. Nahshon Even-Chaim born in May 1971 went by the nickname Phoenix. He was actively involved in computer network intrusion and unauthorized modification of files to maintain access. Near the end of 1987, Even-Chaim begun breaking into US networks used for energy and nuclear research. Once the US authorities were alerted of this, there was huge political pressure for Australia to have laws regarding cybercrime.
Responding to that pressure, in June 1988, the Australian government enacted the first computer crime laws. Thanks to the new computer crime legislation, the Australian Federal Police obtained a warrant in January 1990 to wiretap the suspects’ phone conversations as well as all data going in and out of his computer. These lasted 8 and 6 weeks respectively, with the AFP extracting and analyzing all data. This was the first time in the world a remote data intercept had been used to gain evidence to prosecute computer crime.
On 6 October 1993, Even-Chaim, had negotiated a deal to plead guilty for his charges to be dropped from 48 to 15. He was then sentenced to 500 hours of community service, with a 12 month suspended jail term.
European Cyberlaw
The Budapest Convention on Cybercrime is the first international convention relating to cybercrime, intended to improved cooperation and methodology between nations. As an international treaty, it is signed and ratified by many countries in and out of the European Union. You can find a detailed list of countries currently participating here. The laws only apply if the government of a country has ratified the treaty.
