Minimum Provisions for the Investigation of Computer Based Offences

• NCJ Number: 177236
• Author(s): D E Thompson; D R Berwick
• Date Published: 1998
• Length: 74 pages
• Corporate Author: National Police Research Unit
• Sale Source: National Police Research Unit
• Publication Format: Document
• Publication Type: Report (Study/Research)
• Language: English
• Country: Australia

Annotation

This report focuses on improvement to Australia's legislative base that underpins the effective investigation and prosecution of the criminal misuse of computers.

Abstract

As increasingly sophisticated computers become common and as the capacity to communicate and transfer data becomes easier, cheaper, more secure, and much quicker, the investigation of offenses in which a computer is involved will become the norm. Law enforcement agencies must act now to ensure that all investigators are adequately equipped, both through training and resources, to meet this challenge. Even though the current Australian laws are capable of dealing with many of the current trends in computer-related crime, there are areas that require amendment or the introduction of new provisions. Although some jurisdictions may already exceed the minimum provisions in some areas, there is a need to review and amend the law to deal with emerging problems that are created by new or more extensively used technology. The minimum provisions presented in this report offer the opportunity for jurisdictions to adopt a "common" rather than uniform approach to the development of legislative provisions for the investigation of computer-based offenses. The minimum provisions present the functional requirements, or statements of need, for law enforcement agencies to deal effectively with computer-based offenses. From these minimum provisions, the legal draftsmen, be they in coordinated initiatives such as the Model Criminal Code Project or individual jurisdictions, may draft or amend legislation to meet these requirements. The offense elements targeted in the minimum provisions are unauthorized use of a computer, computer-related fraud, computer forgery, damage to computers, unauthorized interception, unauthorized reproduction of a protected computer program, data misappropriation, unauthorized access devices, impersonation, objectionable material, and child pornography. 48 references and appended criminal case scenarios for computer- based offenses