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The emergence of new technology, including the use of the Internet, the fast and wide development of Internet or Internet of Things (IoT) devices, means that the future scope for prospective cyber crime activities is likely to be unparalleled. The Australian Institute of Criminology (AIC), the domestic crime and justice research and understanding center of the Australian government, has acknowledged that high-tech crime under-reporting is an increasing issue. It is estimated there were around one million victims of identity theft online last year. Some of the types of offences by way of malicious and criminal cyber activity include the following:

  • Internet Fraud, Online Fraud, Email Fraud, Identity theft, Credit Fraud, Computer hacking, Bootlegging and tripping;
  • Malware that logs your keystrokes, giving your banking and credit card details to the cyber criminals;
  • Phishing communication under disguise of a trustworthy entity in a deceptive electronic communication;
  • Spreading of viruses including Distributed Denial-of-Service attacks using botnets − emails sent with malicious links that unknowingly download viruses and
  • Unauthorized modification, damage and malicious destruction of data.

Recently, Australia has enacted legislation to force technology businesses to grant access to encrypted emails to police and safety organizations, but this has not yet been implemented. If the encryption law is implemented, it will ensure that our national security and law enforcement agencies have the modern tools they need to access the encrypted conversations of those who seek to harm, with appropriate authority and oversight.

Another problem we are facing is online Child abuse. Domestic research conducted by the Australian Communications and Media Authority (ACMA) has shown that students school-based and personal use of computing devices increases rapidly as they move from 6 to17 years of age (ACMA, 2009). Despite some of the academic advantages, however, study indicates that kids can participate in internet risk-taking and hazardous behavior. The Commonwealth Criminal Code Act 1995 highlights some points on cyber abuse like threatening, intimidating, harassing or humiliating effect on a person but it does not particularly focus on Child abuse. Therefore, a policy or law for the child abuse is strongly recommended and hence if I were a Prime minister of Australia, I would like to see this law implemented.

Another Act we require is Cyber security Information Act which has already been implemented in the USA.This act enables private firms to monitor their systems, execute defensive measures, and voluntarily share and obtain data on cyber threats. Specifically:

  1. The Act creates a framework for the sharing of information between the private and public sectors. Essentially, it enables private business to share information related to cyber security threat with the federal government or other private business. This includes information on defensive measures to detect, prevent or mitigate cyber security threats. 
  2. The Act enables businesses to monitor their own devices for cyber safety reasons — fundamentally enabling network operators to monitor their networks with the aim of defending against future hacking, denying service assaults, or exploiting vulnerabilities in safety.

The other law I want to see implemented is related to computer fraud. Computer fraud is not merely about modifying data: it is also about deliberately and dishonestly defrauding people of their money, many of whom genuinely believe the requests are legitimate and willingly send money. These effects not only cost money, but often cost relationships and lives. In most cases, such as scam emails and phishing, there is no data being modified at all. Surprisingly, the Cybercrime Act does not specifically address convention art dealing with computer-related fraud. The only targeted offences of dishonesty and fraud in a digital context are under Code div 135 and s 474.2. However, div 135 is only in relation to Commonwealth entities and s 474.2 refers to dishonestly gaining from or causing loss to a carriage service provider. Thus, computer fraud offences remain subject to the interlocking regime, and rely entirely on state and territory law. Unfortunately, the law is vastly inadequate in this regard. Although all states and territories have laws against simple unauthorised access to or modifying of data, only the Northern Territory, Queensland (Criminal Code Act 1899 (Qld) sch 1 s 408E. Tasmania (Criminal Code Act 1924 (Tas) sch 1s 257B.) and Western Australia (Criminal Code Act 1913 (WA) sch s 440A (3)) specifically mention access or modification to gain a pecuniary benefit. Of those, Tasmania has the only true law specifically targeting computer related fraud. This is s 257B of its Criminal Code, ‘computer-related fraud’.100 Under sub-s (c), anyone who otherwise uses a computer with intend to defraud is guilty of a crime. Therefore, If I were a PM of Australia, I would make a law particularly based on computer related frauds and implement it in all the states of Australia.

Retention of data is one final problem which is a hot topic at the moment. In regards to meta information, Australia presently has a ' quick-freeze ' strategy. This compares with the European Directive, which imposes a compulsory scheme for retaining content information and retaining information between six and 24 months for a period of time. While the Australian strategy is less invasive, there are still phenomenal concerns about privacy. This is because of how readily information from governments has been leaked and because, if data is leaked, millions of Australian private information can be published globally and can never be recovered. The poignancy of this realization only increases the need for a stronger data retention plan policy. Therefore, a data retention law / policy should be in place.

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