Principles of Cybercrime

by Jonathan Clough

Overview

Digital technology has transformed the way in which we socialise and do business. Proving the maxim that crime follows opportunity, virtually every advance has been accompanied by a corresponding niche to be exploited for criminal purposes; so-called 'cybercrimes'. Whether it be fraud, child pornography, stalking, criminal copyright infringement or attacks on computers themselves, criminals will find ways to exploit new technology. The challenge for all countries is to ensure their criminal laws keep pace. The challenge is a global one, and much can be learned from the experience of other jurisdictions. Focusing on Australia, Canada, the UK and the USA, this book provides a comprehensive analysis of the legal principles that apply to the prosecution of cybercrimes. This new edition has been fully revised to take into account changes in online offending, as well as new case law and legislation in this rapidly developing area of the law.

Product Details

ISBN-13:	9780521899253
Publisher:	Cambridge University Press
Publication date:	05/13/2010
Pages:	504
Product dimensions:	6.10(w) x 9.00(h) x 1.10(d)

About the Author

Jonathan Clough is a Professor in the Faculty of Law at Monash University, Australia. He teaches and researches in the areas of criminal law and evidence, with a particular focus on cybercrime. In addition to teaching cybercrime in the Monash LLM programme, he has written numerous articles on the topic. He has also provided advice to government on cybercrime related issues, and was a member of the Commonwealth Working Group of Experts on Cybercrime.

Table of Contents

Preface ix

Acknowledgements xi

List of abbreviations xii

Table of cases xiii

Table of legislation xxvii

Part I Introduction 1

1 Cybercrime 3

1 The evolution of cybercrime 3

2 The challenges of cybercrime 5

3 Defining cybercrime 8

4 Cyberterrorism 11

5 The scale of the problem 13

6 Online/offline consistency 15

7 Virtual crimes? 16

8 A global problem: the Convention on Cybercrime 21

Part II Computer as target 25

2 Computer as target 27

1 Introduction 27

2 The prevalence of cybercrime 39

3 The legislative environment 40

3 Access offenses 48

1 Introduction 48

2 The meaning of 'computer' 52

3 Access 58

4 Unauthorised 70

5 Fault element 92

6 Additional elements 95

4 Impairment of data 101

1 Introduction 101

2 Legislative provisions 102

3 Conduct causing modification or impairment 106

4 Modification or impairment 111

5 Misuse of devices 120

1 Introduction 120

2 Australia 123

3 Canada 124

4 The United Kingdom 128

5 The United States 130

6 Interception of data 135

1 The changing nature of telecommunications 135

2 The legislative framework 136

3 The meaning 'telecommunication' 143

4 What is a communication? (Content vs. Traffic data) 152

5 'Interception' (Live vs. Stored communications) 164

Part III Fraud and related offences 181

7 Fraud 183

1 Fraud online 183

2 The scale of the problem 199

3 Legal responses 201

4 Identity theft 207

8 Criminal copyright infringement 221

1 Copyright infringement is (not) theft 221

2 Legislative provisions 225

9 'Spam' 232

1 Electronic junk mail 232

2 Regulating spam 235

3 Anti-spam legislation 238

Part IV Content-related offences 245

10 Child pornography 247

1 Child abuse online 247

2 The criminalization of child pornography 251

3 Defining child pornography 255

4 Producing child pornography 282

5 Offering or making available 286

6 Distributing or transmitting 292

7 Procuring child pornography 295

8 Possession of child pornography 301

9 Defenses 324

Part V Offences against the person 329

11 'Grooming' 331

1 Sexual predators online 331

2 Transmitting indecent or obscene material to minors 337

3 Grooming 343

4 Inducing or procuring 351

5 Travelling with intent 361

12 Cyberstalking 365

1 Harassment in cyberspace 365

2 Legislative responses 368

3 Forms of cyberstalking 375

13 Voyeurism 388

1 Digital voyeurs 388

2 Criminalising voyeurism 389

3 Legislative responses 393

Part VI Jurisdiction 403

14 Jurisdiction 405

1 Crime in cyberspace 405

2 Prescriptive jurisdiction 406

3 Adjudicative jurisdiction 410

4 Enforcement jurisdiction 413

Bibliography 417

Index 438

Editorial Reviews

'As a doctrinal analysis, this title is likely to become a classic among cyber crime titles and will be useful to attorneys, researchers, students and general readers seeking to understand the interconnected relationship these four countries have developed in their separate and joint battles against cyber crime.' Laurie Selwyn, Freelance Law Librarian

'Even for a non-lawyer, such as this reviewer, the concepts are well clarified and the language is accessible. It should probably sit on the shelves of anyone involved in the prevention, investigation or prosecution of CyberCrime and, more importantly, be taken down, read and referred to regularly. It will certainly form part of my library and is likely to find its way onto my students' reading lists.' Angus M. Marshal, Lecturer in CyberSecurity and Independent 'Expert' on Digital Evidence

From the Publisher