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"Urbas, Gregor"
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Cyber Criminals on Trial
As computer-related crime becomes more important globally, both scholarly and journalistic accounts tend to focus on the ways in which the crime has been committed and how it could have been prevented. Very little has been written about what follows: the capture, possible extradition, prosecution, sentencing and incarceration of the cyber criminal. Originally published in 2004, this book provides an international study of the manner in which cyber criminals are dealt with by the judicial process. It is a sequel to the groundbreaking Electronic Theft: Unlawful Acquisition in Cyberspace by Grabosky, Smith and Dempsey (Cambridge University Press, 2001). Some of the most prominent cases from around the world are presented in an attempt to discern trends in the handling of cases, and common factors and problems that emerge during the processes of prosecution, trial and sentencing.
eBook
Cross-national investigation and prosecution of intellectual property crimes: the example of “Operation Buccaneer”
\"Operation Buccaneer\" was the name given to a law enforcement operation against \"DrinkOrDie,\" a highly organised but globally dispersed Internet-based software piracy group. The concerted enforcement action, led by the US Customs Service and Department of Justice, extended to several European countries and Australia. This paper contrasts the legal consequences that flowed, with numerous suspects pleading guilty in the United States, some contested prosecutions in the United Kingdom, and a sole Australian suspect facing extradition to the United States to face charges. Operation Buccaneer illustrates the cross-national reach of both Internet-based intellectual property crime and the law enforcement response, as well as some of the complexities that arise in applying jurisdictional concepts such as the \"double criminality\" requirement for extradition in this evolving prosecutorial landscape. Adapted from the source document.
Journal Article
Online Undercover Investigations and the Role of Private Third Parties
This article explores the use of covert online investigative methods by state agencies, and by individuals and institutions in civil society. Our focus is primarily on active investigations of online child exploitation. In particular, we are concerned with two types of investigative activity- a) an investigator's active deceptive impersonation of a child or of a facilitator of child exploitation, online; and b) techniques of accessing and compromising information systems used for the purpose of child exploitation. While these investigative methods may have a legitimate place in contemporary crime control, they do pose problems. We look first at their potential for abuse by state agencies, and the remedies available to the targets of illegal or otherwise questionable state practices. We then turn to non-state investigators, and note that the targets of private investigation have even less protection. We conclude by articulating some standards by which the propriety of state and non-state covert online investigative activity may be evaluated.
Journal Article
Patterns of Sexual Behaviour: The Law of Evidence: Back to the Future in Australia and England
A recent Victorian Court of Appeal ruling
[in Australia] has sparked concerns that a clamp down on the way child abuse cases are handled could thwart convictions. The Court of Appeal justices ruled only cases that are “remarkably” similar would go before the same jury, making it harder for allegations from multiple complainants to be heard together. There are concerns that this will reduce the number of convictions for sexual offences, especially for those against children.
This article explores the approach in England and Wales, and Australia to evidence of a pattern of behaviour, focussing on when it is adduced in cases involving sexual abuse. We first consider the shared common law history of the two jurisdictions before exploring how common law and legislative changes have led to surprisingly different positions in the two countries. We conclude by suggesting a simpler and more rational approach which has started to emerge and could be adopted in both countries, and indeed should be considered in any jurisdiction.
Journal Article
Cybercrime, jurisdiction and extradition: the extended reach of cross-border law enforcement
It often is said that \"cybercrime knows no borders,\" meaning that criminals can with ease and effectiveness commit crimes across national boundaries through the use of the Internet and associated electronic communications. This observation is then contrasted with the traditional limitations faced by law enforcement agencies and judicial systems, which remain stubbornly circumscribed by geographical limitations on investigative, prosecution, and judicial powers. Because law enforcement powers generally do not extend beyond national boundaries, cross-border investigations usually depend on cooperation at national agency or even local officer level. Cooperation can occur with minimal formality, through temporary officer-to-officer contacts, or through more established channels of communication such as 24/7 contact points for law enforcement. The trend is towards a growing use of formal mechanisms of extradition and mutual assistance, as well as less formal information-sharing and joint investigations, to reach offenders across borders. In this way, law enforcement is able to move closer towards being able to fight cybercrime on its own terms.
Journal Article
Mobile and wireless technologies: security and risk factors
Mobile and wireless technologies have evolved beyond recognition since the first radio signals were transmitted by pioneers including Nikola Tesla and Guglielmo Marconi in the late nineteenth century. Radio waves have been used since then as a basis for telephony, audio and video broadcast, and navigation and radar systems. More recently, the advent of mobile phones and similar devices has transformed business and social interactions. Today, many of us use mobile access to the internet to communicate in real time across the globe, to access business and government services online, to shop, view, read, search, explore and even simulate physical activities. Internet access no longer depends on a wired system such as a modem connected to a telephone landline - rather, it can be achieved using a mobile enabled device whenever and wherever a mobile access point is available. Such access points or hot spots are now widely available in airports, hotels, educational institutions and other public buildings. Increasing numbers of wireless networks are being installed in commercial buildings and private homes. With increasing mobile access to wireless networks, the demarcation between public and private space is being redefined. This has important implications in terms of security for those who make a mobile access point available and for those who use it. The security and risk factors associated with mobile and wireless technologies need to be understood and addressed to ensure safe and secure business and personal use of mobile technologies. [PUBLICATION ABSTRACT]
Journal Article
The Age of Criminal Responsibility
One of the most difficult areas of criminal justice policy lies in providing appropriate legal mechanisms to reflect the transition from the age of childhood innocence through to maturity and full responsibility under the criminal law. Along with specialised institutions such as Children's Courts and juvenile detention centres, specific legal rules have been developed which differentiate the position of children and young people within the general criminal justice system. Considerable recent attention has been directed towards rules governing the minimum age of criminal responsibility, and the imposition of criminal responsibility above that age depending on a young offender's appreciation of the wrongness of his or her act. This Trends and Issues paper examines the operation of these rules, along with criticisms and prospects for reform. [PUBLICATION ABSTRACT]
Journal Article
Public Enforcement of Intellectual Property Rights
In 1709 the first English copyright statute (the \"Act of Anne\") outlawed the unauthorised reproduction of literary works, and imposed monetary fines payable in equal share or \"moeity\" to the Crown and the copyright holder, along with compulsory forfeiture and destruction of infringing copies . The division of labour between public and private in the enforcement of intellectual property rights has become somewhat less well defined since, though a public role is clearly entailed by the inclusion of criminal infringement provisions in modern copyright and trademarks legislation. Part of the difficulty lies in the limited capacity of public law enforcement agencies to deal with all demands on their resources, along with a reluctance to intervene in what is often seen as private commercial disputation. Added to this are rapid changes in technology, which provide new opportunities both for the infringement of intellectual property rights and their protection. This Trends and Issues paper assesses the role of public enforcement of intellectual property rights through the recent experience of Australian customs, police and prosecution agencies. [PUBLICATION ABSTRACT]
Journal Article