The legal critiques of the computer crimes act 1997 in regulating cyber crime / Zaiton Hamin, Hartini Saripan and Rafizah Abu Hassan

From the practical legal perspective and engaging at the instrumental and normative levels, this research attempts to focus on the legal critiques of the Computer Crimes Act 1997. In particular, on the question of what is cyber crime, why is reform needed to the substantive provisions of the said Act and what changes are sought for as well as the rationales in reforming the said Act. Issues affecting the degree or kind or both that drive the need for reform of the 1997 Act will be also be discussed. In line with the approach of common law jurisdictions, in particular the United Kingdom and Singapore as well as the Cyber crime Convention 2001, the research will examine the problems of substantive law, specifically the provisions that may be inadequate to cover certain cyber crimes such as distributed denial of service and the provisions that may in fact cover too wide an area of conduct. Also, from the theoretical level, philosophical issues involved in cyber crime, in particular the problem of identifying legal interests and emerging legal interests will be examined. Adopting a doctrinal and library-based research approach with content analysis as the research design, this current research proposes to scrutinize the 1997 Act in comparison with its Singapore and the United Kingdom counterparts, Computer Misuse Act 1993 and the Computer Misuse Act 1990 respectively. A cursory look at the Communications and Multimedia Act 1998 would also be necessary to examine if the former statute have adequately supplemented the 1997 Act. The Council of Europe Cyber crime Convention 2001, a significant piece of international instrument, which is broadly aimed at harmonizing cyber crime laws around the world, will also be critically examined to determine the extent to which the 1997 Act in its current form is in keeping with this Convention

Cybercrime Pervasiveness, Consequences, and Sustainable Counter Strategies

As our connectivity and dependency on technology increases, so does our vulnerability. Technology has provided not only new tools, but also new opportunities for criminals in the digital world. The abuse of new technologies has been threatening economic and Jinancial security and actually devastating the lives of affected indivicluals. In Nigeria, cybercrime has recorded mostly foregin-based individuals and organizations as victims thereby getting Nigeria ranked among the nations with notorious pemasiveness of high-tech crimes. Indeed, adequately formulating a strategy to contain the menace of cybercrime presents aformidable challenge to law enforcement. This paper x-rays noted instances of cybercrime pervasiveness, its devastating consequences, and up-to-date countermeasures in Nigeria It develops an enforceable/sustainable framework to determine how critical infrastructures are put at risk snd how law enforcement should react in responding to the threats

Underground web: the cybercrime challenge

The two papers in this Special Report examine the central role that cybercrime plays in modern society and how technological developments create new opportunities for criminals to exploit. Overview Calum Jeffray’s paper, Caught in the net: the law enforcement response to international cybercrime, surveys the strategic cybercrime landscape and illustrates that, despite calls for law enforcement to ‘do more’ to prevent and investigate cybercrime, the agencies involved are often hampered in acting due to jurisdictional issues or the complexity of the investigations. Tobias Feakin’s paper, Cryptomarkets—illicit goods in the darknet, examines the emergence of the ‘darknet’, where trading in illicit goods and services in online black markets has become increasingly commonplace and exacerbates the problems that law enforcement already faces—tracing and prosecuting illegal activities online. This Special Report includes a foreword by Australian Federal Police Commissioner Andrew Colvin

INTERNATIONAL AND REGIONAL ORGANIZATIONS WITH ATTRIBUTES AND PREOCCUPATIONS IN PREVENTING AND FIGHTING AGAINST CYBERCRIME AND THEIR MAIN ACCOMPLISHMENTS

At global level, there are various organizations which are constantly concerned with the analysis of the latest manifestations and evolution of cybercrime, setting up work groups to develop strategies for the prevention and fight of cybercrimes. Besides these international organizations which act globally, several other organizations focus on certain regions, dealing with issues related to cybercrime.cybercrime, organizations, declaration, resolution, convention

Global Cyber Intermediary Liability: A Legal & Cultural Strategy

This Article fills the gap in the debate on fighting cybercrime. It considers the role of intermediaries and the legal and cultural strategies that countries may adopt. Part II.A of this Article examines the critical role of intermediaries in cybercrime. It shows that the intermediaries’ active participation by facilitating the transmission of cybercrime traffic removes a significant barrier for individual perpetrators. Part II.B offers a brief overview of legal efforts to combat cybercrime, and examines the legal liability of intermediaries in both the civil and criminal context and in varying legal regimes with an emphasis on ISPs. Aside from some level of injunctive relief, intermediaries operate in a largely unregulated environment. Part III looks at what we can learn from other countries. The cleanest intermediary country, Finland, and the worst country, Lithuania, were selected in order to explore the causes for the differences between country performances. The section examines the remarkable distinctions between national cultures to explain differences in national cybercrime rates. Part III.A of this Article argues that the criminal code laws do not account for the difference in host and ISP performances between Finland and Lithuania. There are few differences in the codified laws pertaining to cybercrime between these countries. Instead, it is Finland’s cultural and business environments that appear to drive its cybercrime ranking. Part IV suggests reforms to shift a country’s culture to make it less prone to corruption. However, changing a culture takes time so Part IV also proposes a private law scheme in which intermediaries are unable to wave the “flag of immunity,” as they do now. The guiding philosophy for this proposal is that harmed parties should be permitted to recover damages directly from “bad” intermediaries

Secure web application development and global regulation

The World Wide Web (WWW) has been predominantly responsible for instigating radical paradigm transformations in today’s global information rich civilizations. Many societies have basic operational economical components that depend on Web enabled systems in order to support daily commercial activities. The acceptance of E-commerce as a valid channel for conducting business coupled with societal integration and dependence on Web enabled technology has instigated the development of local, national, and global efforts to regulate criminal activities on the World Wide Web. This paper makes two contributions. The first contribution is the high-level review of the United States and United Kingdom legislation that has developed from the escalation and integration of the World Wide Web into society. The second contribution is the support for the idea that legislative compatibility, in concert with an organization’s policy compatibility, needs to be acknowledged in secure Web application development methodologies

The Critical Challenges from International High-Tech and Computer-Related Crime at the Millennium

The automotive industry stands in front of a great challenge, to decrease its impact on the environment. One important part in succeeding with this is to decrease the structural weight of the body structure and by that the fuel consumption or the required battery power. Carbon fibre composites are by many seen as the only real option when traditional engineering materials are running out of potential for further weight reduction. However, the automotive industry lacks experience working with structural composites and the methods for high volume composite manufacturing are immature. The development of a composite automotive body structure, therefore, needs methods to support and guide the conceptual work to improve the financial and technical results. In this thesis a framework is presented which will provide guidelines for the conceptual phase of the development of an automotive body structure. The framework follows two main paths, one to strive for the ideal material diversity, which also defines an initial partition of the body structure based on the process and material selection. Secondly, a further analysis of the structures are made to evaluate if a more cost and weight efficient solution can be found by a more differential design and by that define the ideal part size. In the case and parameter studies performed, different carbon fibre composite material systems and processes are compared and evaluated. The results show that high performance material system with continuous fibres becomes both more cost and performance effective compared to industrialised discontinuous fibre composites. But also that cycle times, sometimes, are less important than a competitive feedstock cost for a manufacturing process. When further analysing the manufacturing design of the structures it is seen that further partition(s) can become cost effective if the size and complexity is large enough.      QC 20140527</p