301. Criminalising computer misconduct:Legal and philosophical concerns
- Author
-
Urbas, Dr. Gregor
- Abstract
Computer misconduct (hacking, fraud, privacy breaches, pornographydissemination etc.) has been a part of computing and electroniccommunication since its early development. The process ofcriminalisation (enactment of laws creating specific offencescovering these activities) has followed in a some what sporadic anduneven way, with notable discrepancies between jurisdictions bothinternationally and within countries. In Australia, there has beensome movement towards uniformity with the enactment of theCybercrime Act 2001 (Cth) and its equivalents in several States andTerritories. Internati onally, there is gradual convergence towardsmodels such as the Council of Europe¿s Convention onCybercrime. However, the philosophical concerns behind suchlegislation are not always clear or uniform. Interests sought to beprotected from computer misconduct range from traditional concernsof crim inal law (physical safety, personal property, public orderetc.) through to larger-scale and more abstract concerns (nationalinfrastructure security and system integrity). This paper assesseslegal and philosophical aspects of Australian and comparablecomputer crime legislation.
- Published
- 2004
- Full Text
- View/download PDF