Kaspersky Lab publishes an article entitled 'Cybercrime and the Law: a review of UK computer crime legislation'
29 May 2009
Kaspersky Lab, a leading producer of secure content management solutions, presents an analytical article by David Emm, the company's Senior Technology Consultant in the UK. The article provides an overview of cybercrime legislation in the UK; it covers current and previous legislation, gives examples of convictions, and offers the author's view on how legislation could be improved in the future.
The first piece of legislation designed to address the issue of illicit use of computing technology was the Computer Misuse Act (1990). The rapid evolution of both technologies and the cybercrime business led to new laws subsequently being introduced: the Privacy and Electronic Regulations (a 2003 EC directive), the Police and Justice Act (2006), and the Serious Crime Act (2007).
One of the most serious limitations of cybercrime legislation is that it can't, on its own, tackle the global nature of cybercrime. The European Convention on Cybercrime was introduced in 2001 in an attempt to create an international framework to deal with cybercrime. However, several states which are leading sources of computer attacks have not signed the Convention.
It is also clear that laws designed to address individual types of criminal activity cannot solve the problem of cybercrime. Police involvement is essential: the National Hi-Tech Crime Unit was founded in 2001, and in 2006, its responsibilities were passed to the Serious Organized Crime Agency. In 2009, the Police Central ecrime Unit was founded in order to co-ordinate the fight against cybercrime.
Effectively combating cybercrime requires the extension of international legislation beyond the borders of developed countries, and also the creation of a cyber-Interpol which would be able to prosecute cybercriminals across geo-political borders.
The full version of the article is available on Viruslist.com.
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