Cybercrime Legislation, Cases and Commentary
Cybercrime: Legislation, Cases and Commentary provides a comprehensive analysis of cybercrime both at common law and under statute in all jurisdictions of Australia.
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This book also provides a detailed explication of the Council of Europe’s Convention on Cybercrime, the leading international instrument available today for the control of cybercrime.
The content is structured around four groupings of topics. First, following an exploration of how cybercrime is defined, come the topics of unauthorised access, modification and impairment. This trio includes ‘hacking’, ‘hacktivism’ and ‘cyberterrorism’ and introduces terminology such as ‘malware’, ‘botnets’ and ‘DDoS attacks’. Second, the discussion turns to financially motivated crimes, such as online fraud and forgery, identity crimes and criminal copyright infringement. The use of ‘spam’ is discussed in this context. The third grouping includes those kinds of cybercrime that most directly affect vulnerable individuals, including child pornography and child grooming, as well as cyberstalking and other forms of online harassment. This discussion includes recently emerging topics such as ‘sexting’ and ‘revenge porn’. Finally, aspects of investigation, prosecution and sentencing of cybercrime offenders are discussed, including the role played by intermediaries, such as Internet service providers (ISPs), in ‘data retention’.
This book is an essential resource for practitioners and students.
- Tables have been used to summarise the main features of legislative provisions.
- Case extracts have been selected to illustrate the legal issues that arise, and to provide examples of how cybercrime laws operate in practice.
- Each chapter ends with ‘Questions for consideration’ that may be useful in tutorial or online discussions
Finlay & Kirchengast, Criminal Law in Australia, 2014
George et al, Social Media and the Law, 2014
Table of contents
Part 1 Introduction
1. What is Cybercrime?
Part 2 Unauthorised Access, Modification and Impairment
2. Unauthorised access
3. Unauthorised modification
4. Unauthorised impairment
Part 3 Online Financial and Property Crimes
5. Online fraud and forgery
6. Identity crimes and card skimming
7. Online copyright infringement
Part 4 Online Child Exploitation and other Privacy Crimes
8. Online child pornography
9. Online child grooming
10. Cyberstalking, online harassment and voyeurism
Part 5 Investigation, Prosecution and Judicial Issues
11. Investigating cybercrime
12. Prosecuting and sentencing cyber criminals