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.
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.
Before jurisdiction comes into play, difficulties arise in discovering the location and identifying the criminal before authorities can think about making arrests. Cybercrime laws also differ from state to state. An act that’s illegal in one location may be completely legal in another. This further complicates the situation if the perpetrator is in a location where the act he/she is committing isn’t even against the law. Effective law enforcement is clearly complicated by the transnational nature of telecommunication networks. This allows criminals to defy the jurisdictional realms of sovereign nations by originating an attack from almost any computer in the world. Cyber criminals also have the ability to design attacks that appear to be originating from foreign locations. This clearly shows the expensive and long, drawn-out process that needs to be taken when developed technology goes beyond the scope of law enforcement.