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Describe At Least Three Forms Of Computer Crime And Outline International And Australian Attempts That Have Been Made To Regulate Them

1773 words - 7 pages

The terms "Computer crime," "Computer-related crime," "High-tech crime" and "Cybercrime" are often used interchangeably. A difference can be made between computer specific crimes and traditional crimes performed with the aid of computer technology. Many countries have passed legislation to address computer-related crime. Under the Australian system of Government, all Australian States and Territories have a general power to enact criminal laws to operate within their own borders. The Commonwealth is limited to enacting criminal laws which fall within one of its enumerated heads of constitutional power; although within these heads of power it can enact law which is applicable across the country and extraterritorially. The Commonwealth's constitutional power to enact laws with respect to "telephonic, telegraphic and other like services" is of particular relevance in the context of cyberspace crime.In many areas, including cyberspace crime, Commonwealth and State and Territory offences exist and operate side by side, with the State and Territory offences applying generally to wrongful conduct within that jurisdiction and the Commonwealth offences targeting particular aspects (for example, offences involving computers owned or leased by the Commonwealth, and offences involving a telecommunications carriage service).Unlawful Access and Computer Trespass(a) Hacking and cracking"Hacker" and "cracker" are terms which are used to describe people who intentionally seek to access computer systems or networks with dishonest intentions. A cracker may access a system with destructive or malicious intentions, such as to alter data or to spread a virus, whereas a hacker is generally motivated by curiosity.Hackers and crackers may be criminally liable if they access, or access and continue to examine, certain data. Cracking may also involve damage to data and fraud.(b) Unauthorised access and computer trespass offencesBoth the Commonwealth, and the States and Territories have enacted laws in relation to computer trespass and the unauthorised access of data. Most of the relevant provisions in the Commonwealth Act relate specifically to Commonwealth data, that is, data which is stored in a Commonwealth computer or data which is stored on behalf of the Commonwealth in a computer that is not a Commonwealth computer.For example, the Commonwealth Act provides that a person who intentionally and without authority obtains access to Commonwealth data is guilty of an offence. The relevant Victorian Act states that a person must not gain access to, or enter, a computer system or part of a computer system without lawful authority to do so. In Tasmania, a person who, without lawful excuse, intentionally gains access to a computer system, system of computers, or any part of a system of computers, is guilty of a crime.The Commonwealth Act also provides that a person who intentionally and without authority obtains access to Commonwealth data, being data that the person knows or...

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