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The Cybercrime Act 2001 (QLD) was introduced into Australian Parliament as a result of terrorist attacks that occurred on 11 September. However, there are concerns in regards to the breadth of investigative powers stipulated in the act.

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Introduction

´╗┐The inevitable development of technology has raised questions regarding the ethical and moral issues in regards to its utilisation. One of the consequences of massive growth within the media for past decades, most particularly the internet, is that information, ideas and images are more freely available now than they have ever been. In addition to the rapid progression of technology, criminal organisations are also embracing the developments in order to facilitate criminal acts. Cybercrimes has been defined as offences that are committed against groups or individuals with the intention to harm their reputation and physical or mental state directly or indirectly using telecommunication networks. The absence of a nationally accepted and comprehensive framework impedes any efforts to accurately report, identify and monitor trends within cybercrime. ...read more.

Middle

The Cybercrime Act 2001 (QLD) was introduced into Australian Parliament as a result of terrorist attacks that occurred on 11 September. However, there are concerns in regards to the breadth of investigative powers stipulated in the act. These concerns include broad definitions that were adopted by legislation and persuading stakeholders to report cybercrime incidents. Division 477.2 of the Cybercrime Act 2001 (QLD) stipulates that those ?who access or modify computer data from a computer that they are not authorised access with the intention of committing a serious offence are punishable by five or more years imprisonment. However, the nature of the evidence obtained makes cybercrime complex to investigate and prosecute in contrast to crimes committed in the ?real world?. ...read more.

Conclusion

A section should be added to the Cybercrime Act 2001 (QLD) that stipulates that whoever purchases a computer, handheld mobile device, tablet or laptop must have their contact details embedded into the devices before a transaction is complete. This would inarguably help authorities to discover the main perpetrator behind the use of any malicious programs if authorities were able to have access to aforementioned information during investigation. Definitions within the Cybercrime Act 2001 (QLD) should be having more clarity and specificity within the scope. This allows offences to be confined to malicious activity. In particular to s476 of the Cybercrime Act 2001 (QLD) the word ?unauthorised? should be further defined so that guidelines on identifying appropriate authority for access, destruction or modification of data can be used within cases. Both s477(2) and s477(3) should include the requirement of knowledge and intent, as opposed to ?recklessness? which lacks clarity as a definition. ...read more.

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