Legal Perspective on Cybercrime: Media Analysis, Issues & Solutions

This discussion post analyzes a media article concerning cybercrime, focusing on the increasing rate of cyber offenses in Australia. It identifies key legal issues, including the impact of cybercrimes on individuals and businesses, the role of the Australian Competition and Consumer Commission (ACCC), and the effectiveness of the Cyber Crime Legislation Amendment Act 2012 in addressing these issues. The analysis suggests measures to combat cybercrime from a legal perspective, such as enhancing security protocols, enforcing stricter laws, and ensuring service provider accountability. The post references legal acts like the Telecommunications Act 1997 and Mutual Assistance in Criminal Matters Act 1987. Desklib provides access to this and many other solved assignments for students.

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Q1. What the article is about
This article discusses the hidden history of cyber crime forums. It is about the rate of
cyber crimes that occur in Australia (BBC News, 2018). The Australian Competition and
Consumer Commission (ACCC) with another Federal Agency kept an eye on the number of
legal crimes that took place in Australia over the years. The online scamming landscape helps
in detecting the crimes that occur in the country. This article majorly highlights the reasons
for the occurrence of cyber crimes and how it can be dealt with. However, the scammer
investors usually suggest that there should be business investment opportunities. Shopping
growth is one of the chief causes for increasing the rate of cyber crimes in Australia (Keyser,
2017). The concept of online shopping and purchasing products online with the help of credit
cards results in the growth of cyber crimes. Although, technology has developed over the
years but it has also helped in raising such crimes across the world. Such crimes started
occurring in the country due to technological advancements. Thus, internet is treated to be the
source of forming new venues of exploitation for the law abiding users of the internet
(Bossler & Holt, 2015). Cyber crimes are considered to be one of the most critical threats
even at present by placing it at par with global terrorism. It was observed from this article that
the FBI had also noticed that the cyber criminals are connected to the activities of offline
criminal actions. Profit was a part of the cybercriminals as it acted as the motivator by
replacing the mischief of their activities. As of now, currently, the cyber criminals emerge to
be financially motivated and are held to be responsible for the majority of cyber crimes. This
article has depicted the data that explains how the rate of crimes have risen over the years due
to the internet issues (Butler & Choo, 2016). The fraudsters who commit the cyber crimes
depends on the e-money services for transferring the funds. Cyber crimes are only related to
transactions and handling of products online. Therefore, such cases have come into the

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limelight presently as businesses and transactions these days take place with the help of
internet (Samociuk & Iyer, 2017).
Q2. The key legal issues of the discussion
As per the discussion, the key legal issues of the case states that rate of cyber crimes
have severely affected the individuals residing in Australia who is linked to the internet.
According to the Australian Competition and Consumer Commission (ACCC) the data needs
to be checked of how and from where such cyber crimes are arising and how it can be
reduced (Hutchings, 2014). The Australian Government was concerned about the how the
cyber crimes were increasing day by day and therefore it passed the Cyber Crime Legislation
Amendment Act 2012. To tackle the legal issues, this Act enabled Australia to accede to the
Council of Europe Convention on Cybercrime (Wall, 2015). Any crime that takes place
through the information and communication technology on crimes actually targets the
network of it. A Cyber Crime Convention is set up as it is an international response to the
borderless nature of the cybercrime (Brown, 2015). The Australian Companies were majorly
targeted and resulted in proper well-organized and resourced organizations. The criminal
organizations focus on the ICT facilities with not so proper legislative or enforcement
frameworks. This makes it impossible for the State to act according to the parties or collect
evidence about the crimes that had occurred. All the federal cybercrimes of Australia is
covered in the Criminal Code Act 1995. This Criminal Code deals with the sections and
codes under which the offences can be dealt. However, the CLAA has the power to remove
such boundaries and the unauthorized access of any data. It is treated to be an offence
(Samociuk & Iyer, 2017). It captures the circumstances where the employees modify the data
if the systems are accessed without authorization. However, the risks of cyber crimes can be
reduced in the business and other activities as well. A company or an organization are the
entities that majorly faces the risk of cyber crimes since without internet they cannot work.

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The ICT Systems mainly links with the external network that is vulnerable to the
unauthorized access Levi, 2017). The companies need to outsource at least some aspect of
their systems even if it is through any software or data storage. Specific laws should be
applied to punish the cyber criminals since it will help in reducing the rate of crimes. It is
important to make sure that the service providers are worried about the security of the ICT
systems as well.
Q3. How this issue can be dealt from a legal perspective
Applicable legal steps need to be taken for reducing the level of cyber crimes. Proper
protection should be taken in saving the companies and individuals from facing cyber crimes.
Security experts must be assess the capability of the service provider and keep a track on the
record to make sure that everything that comforts them must be included in the contract.
Security standards and protocols is required for applying it appropriately. The individuals
facing cyber crimes will have the right to test and audit the security with the contractual
obligations (Keyser, 2017). As per the Cyber Crime Legislation Amendment Act 2012, there
must be a control remote access to the confidential information of the company. Especially
for the ones who are associated with the undertaking. The CLAA however, does not have any
kind of direct impact or effect on the companies of Australia. The service provider
necessitates to inform the company the moment it becomes aware of the breaches of the
suspected security incident. Required reasonable assistance in investigating is also required in
mitigating and protecting the company from similar occurrences (Bossler & Holt, 2015).
Legal Acts that can also be applied are the Telecommunications Act 1997 and Mutual
Assistance in Criminal Matters Act 1987 since it relates to the cooperation powers of the
Australian law enforcement agencies.

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References:
BBC News. (2018). The history of cyber-crime forums. [online] Available at:
http://www.bbc.com/news/technology-40671091 [Accessed 20 Apr. 2018].
Bossler, A., & Holt, T. J. (2015). Cybercrime in progress: Theory and prevention of
technology-enabled offenses. Routledge.
Brown, C. S. (2015). Investigating and prosecuting cyber crime: Forensic dependencies and
barriers to justice. International Journal of Cyber Criminology, 9(1), 55.
Butler, A., & Choo, K. K. R. (2016). IT standards and guides do not adequately prepare IT
practitioners to appear as expert witnesses: An Australian perspective. Security
Journal, 29(2), 306-325.
Hutchings, A. (2014). Crime from the keyboard: organised cybercrime, co-offending,
initiation and knowledge transmission. Crime, Law and Social Change, 62(1), 1-20.
Keyser, M. (2017). The council of Europe convention on cybercrime. In Computer
Crime (pp. 131-170). Routledge.
Levi, M. (2017). Assessing the trends, scale and nature of economic cybercrimes: overview
and Issues. Crime, Law and Social Change, 67(1), 3-20.
Samociuk, M., & Iyer, N. (2017). A short guide to fraud risk: fraud resistance and detection.
Routledge.
Wall, D. S. (2015). The Internet as a conduit for criminal activity.