Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
52 Cards in this Set
- Front
- Back
|
What is Cyber Crime? |
There are three classifications of crimes that fall under cyber crimes, these are... 1) Crimes where a computerized device is the target of criminal activity 2) Crimes where a computerized device is used to commit a recognized offence 3)Crimes in which a computerized device is incidental to the the commission of a crime |
|
|
why is Cyber crime a Federal matter? |
Because under the Australian Constitution, Section 51 states that the Federal parliament has the power to make laws in relation to "postal, telegraphic, telephonic and other like services" |
|
|
What issues does cyber crime present to the law? |
-Obtaining witness cooperation -identification of suspects -jurisdiction -accountability |
|
|
Elaborate on how obtaining witness cooperation is an issue. |
Usually victims of this nature are reluctant to report them to am authority because there is a common belied that the matter is not serious enough. Along with this in the case of companies there is the fear of bad publicity and consumer backlash. As well as inadequate proof and the time and cost for pursuing such a matter. |
|
|
Elaborate on how identification of suspects is an issue. |
Digital technologies allow people to disguise their identity in a wide range of ways. The anonymity of the online world and the ability for crooks to steal and use other peoples identities, fuels this issue. |
|
|
Elaborate on how Jurisdiction is an issue. |
When the offender and victim reside in different jurisdictions, questions arise as to which court should deal with the matter. If the matter is to be heard in the location of the victim the offender will have to be extradited to that location. Other issue include difficulty for police to contact suspects etc from the other side of the globe |
|
|
Elaborate on how accountability is an issue. |
Because all countries around the world do not have the same laws and because cyber crimes can easily be committed in different locations other than the offenders residence, it creates the issue of 'safe havens'. If conduct is not criminalized in a certain jurisdiction person in that country may act with impunity in committing offences that may affect other jurisdictions |
|
|
What is double criminality? |
An international law concept that requires that a person can only be extradited where the crime is recognized in both countries. |
|
|
How does double criminality relate to the 'Love bug' case? |
The creators of the 'love bug' virus substantiated damages of up to 10 billion USD. However they were released with all charges dropped. This was due to the fact that virus dissemination was not a crime in the Philippines at the time of the crime. Because the offence was not a crime in both nations the offenders could not be extradited to the US |
|
|
What is malware? |
an abbreviated term for 'malicious software'. It is software that is designed to gain access or damage a computer without the owner knowing. Some types of malware include; spyware, key-loggers, worms etc. |
|
|
What are DDos attacks? |
Known as a distributed denial of service attack. It is a malicious attempt to make a server or network resource unavailable to users |
|
|
What are Botnets? |
It is a group of hijacked internet connected devices, each corrupted with malware used to control it from a remote location without the owners knowledge It allows the controller to attack a large number of computers for malicious purposes |
|
|
What are Botnets used for? |
Mainly used for DDos attacks. Botnets allow thousands of different computers to act in union. They can all bombard a website with traffic at the same time, overloading it and causing it to perform poorly or even become unreachable. |
|
|
What is a VPN? |
A virtual private network creates a secure network connection over a public network such as the internet, or a private network owned by a service provider. It essentially creates an encrypted 'tunnel' which allows an individual to connect to server somewhere else in the world from their home |
|
|
Benefits of VPN |
-allows individuals to access content that is geographically restricted -access censored data -Your local ISP or government won't be able to track what websites you visit or what you do online. |
|
|
How do VPN's pose an issue with the law? |
They can cause an issue with the law if for example someone in Australia was trying to access the American Netflix using a VPN. This causes issue under the copyright Act 1968 as Australia is not licensed to show the same shows and movies as the American Netflix. |
|
|
What is spam? |
unsolicited messages sent via email, text or instant messenger without the consent of the recipient. It includes content which offers free goods or prizes. |
|
|
What is the purpose of the Spam Act 2003? |
The Act prohibits the unsolicited sending of commercial electronic messages known as spam. |
|
|
What is considered a commercial message? |
Messages which... -offer, advertise or promote the supply of goods, services, etc -help a person dishonestly gain property, commercial advantage or other gain from another person. |
|
|
What is the mandatory unsubscribe? |
Under the spam act 2003, every commercial electronic device message must contain a mandatory unsubscribe option. It must... -remain functional for up to 30 days after initial message -must be presented in a clear conspicuous way -request to unsubscribe must be honored within 5 days. |
|
|
What regulations are there in terms of consent? |
Under the Spam Act 2003, all spam must either be given consent to be sent either through inferred or express consent. |
|
|
What is express consent? |
Consent where the recipient is aware that they will receive commercial messages. - filling a form -ticking a box online etc |
|
|
What is inferred consent? |
Consent where it is assumed that there is substantial approval for commercial messages to be sent. -Via an existing relationship where receiving spam is expected - Public email with no direct message against the sending of spam. |
|
|
What is ACMA's role in spam? |
The telecommunications Act 1997 give ACMA powers to search and seize where there is reason to believe the Act has been infringed. the Act also provides forfeiture of profits derived from spam and compensation for victims losses. |
|
|
Apart from prosecuting what does ACMA do? |
-info on how to reduce spam -advise organisations on how to meet the Spam Act 2003 requirements and how to avoid sending spam. -Investigate potential contraventions of the Act. |
|
|
What is the Budapest Convention? |
Drafted by the Council of Europe Also known as the Convention on Cyber Crime, the Budapest convention is the only of it's kind, seeking to address internet and computer crime by harmonizing national laws, improving investigative techniques and increasing international cooperation. |
|
|
What was the Budapest Conventions main goal? |
To pursue common criminal policy in relation to Cyber crime by adopting consistent legislation and fostering international cooperation. |
|
|
When was it opened for signature and brought into force? |
It opened for signature in 2001 and was brought into force in 2004 |
|
|
What crimes does the Budapest Convention mainly deal with? |
online fraud, online child exploitation, unauthorized access, use or modification of data stored on computers |
|
|
What are some of the positive impacts of the convention? |
-stronger and more harmonized legislation worldwide -efficient cooperation between international parties -better cyber security performance -contribution to the control of 'rule of law' in cyberspace. |
|
|
What is harmonization? |
Harmonization refers to the concept of having laws in different jurisdictions which compliment each other and work hand in hand. It does not mean having identical laws! |
|
|
Why is there a need for harmonization? |
It is because of the trans-national nature of today's technology. And the fact that even if both offender and victim reside in the same jurisdiction, fragments of the crime are bound to have passed through other jurisdictions. |
|
|
What are the benefits of Harmonization? |
It is essential to remove 'safe havens'. if conduct is not criminalized in a specific country, persons in that country may act with impunity in committing offences that may affect another jurisdiction. It is also essential for cooperation between law enforcement agencies around the world |
|
|
What was the Budapest conventions impact on Australian Law. |
It basically catalyzed the introduction of more robust cyber crime legislation and led to the Cyber Crime legislation Amendment Act 2011. |
|
|
What changes did the Cyber Crime legislation Amendment Act 2011 see too? |
The principle effect of the amendment is to require carriers and carriage service providers to preserve communication and telecommunication data for specific persons when requested by certain domestic agencies or when requested by the AFP on behalf on a foreign agency. It also adopted the offences of the Budapest convention into the Criminal Code Act (cth)1995 |
|
|
What legislation was reformed as a result of the Cyber Crime legislation Amendment Act 2011? |
Telecommunications Act 1997 Telecommunications (Interception and Access) Act 1979 Mutual Assistance in Criminal Matters Act 1987 Criminal Code (cth) 1995 |
|
|
What is a Criminal code? |
A piece of law that confides most criminal offences and procedures for its jurisdiction. (Not common law) |
|
|
What are the commonly used Criminal Code offences? |
5.478.1 (1) Unauthorized access or modification of data that is restricted. 5.477.3 (1) Unauthorized impairment of an electronic communication 5.474.17 Using a carriage service to menace, harass or cause offence. |
|
|
What are the maximum penalties for the previous crimes? |
5.478.1(1): 2 years jail 4.477.1(1): 10 years jail 5.474.17: 3 years jail |
|
|
What states use criminal code in Australia? What does this mean for them? |
All states apart from NSW, SA and Vic use state criminal codes. This means that all states are susceptible to the federal level criminal code (Criminal Code (Cth) 1995) however in NSW, SA and Vic people can also be charged through common law. In the other states they can only be prosecuted if it's written in the criminal code. |
|
|
What are the main pieces of Cyber crime legislation? |
1) Budapest Convention 2) Cyber Crime Act 2001 3) Cyber Crime Legislation Amendment Act 2011 4) Spam Act 2003 5) Criminal Code 1995 |
|
|
What is cyber forensics and what is its goal? |
Its the process of acquiring and preserving digital evidence for analysis and reporting- which is to be done in a court of law. The goal is to get evidence from the crime scene to court intact and having conducted a thorough analysis of the crime. |
|
|
What are the 4 main steps of cyber forensics |
1) acquiring 2)preserving 3)analysing 4)reporting |
|
|
Acquiring explain. |
Forensic software is used to do a bit by bit survey of the suspects drive. This is done without corrupting the drive. Once an identical copy of the drive the original is not touched again and the copy is used in the investigation. |
|
|
Preserving explain. |
The drive is physically protected through anti static bags and safe transportation of the drive. A paper trail of a chain of custody is also recorded to keep track of who has come in contact with the device. |
|
|
Analysing explain. |
Inspecting the suspect media foe evidence. |
|
|
Reporting explain. |
A clear readable, full report is made that can be introduced in court. It contains information about what was found, what the computer forensic experts did and how. |
|
|
What is the Cyber Crime Act 2001? |
A piece of Federal legislation that was created in attempts to address cyber security issues such as hacking, DDoS attacks, dissemination of viruses and interfering with websites. |
|
|
Accomplice provisions |
When someone helps commit the crime, this provision can allow them to be prosecuted for any of the above crimes. |
|
|
What is a criticism of the cyber crime act 2001? |
One of the main criticisms of the act is that it doesn't clearly define the need for intent and knowledge that an individual is committing a malicious act. Some of the offences in the act are considered to be not sufficiently precise enough to ensure they would only be applied to truly criminal behavior. For example the possession offence is designed to catch people in possession of tech for hacking purposes. However it fails to acknowledge that similar tools may be used for legitimate protection purposes. |
|
|
Another criticism? |
Offences in the Act are overly broad. this is an issue because it could potentially confuses citizens and cause them to commit a crime without even knowing that it was an offence. |
|
|
Another criticism? |
Another issue is the investigative powers outline in the Act. The Act made amendments allowing magistrates to hand out assistance orders. which detail that the specified individual must info and assistance to access, copy or print data. The purpose of the amendment was to help police investigators to decrypt data and obtain passwords. But the amendment fails to consider the possibility that the individual may have genuinely lost the decryption/ encryption key or has forgotten a password. The punishment for failing to assist is 6 months jail. |
