Cybercrime: Legislation, Cases and Commentary provides a comprehensive analysis of cybercrime both at common law and under statute in all jurisdictions of Australia.
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
Dr Gregor Urbas is currently an Associate Professor of Law at the University of Canberra and was previously teaching at the Australian National University. Dr Urbas also had previous appointments at the Australian Institute of Criminology, the Law Council of Australia and IP Australia. He is internationally recognised for his expertise in cybercrime and intellectually property enforcement and has given invited presentations in numerous countries.