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Cover Information Technology Law

21. Crime and law enforcement in the information society  

This chapter examines cybercrimes, cyberattacks such as denial-of-service attacks, and law enforcement in the information society. It looks at advance fee fraud, internationally known as ‘419 Fraud’ with reference to Nigeria; as well as the ‘Russian Scam’ that targets the users of online dating sites. It also examines other criminal activities common on the internet, such as privacy attacks, including phishing which illegally appropriates personal data; harassment; cyberstalking; and grooming, and also considers identity theft and identity fraud, as well as cyberterrorism. The chapter presents case studies dealing with cybercrimes, and, finally, it discusses the efforts of the Council of Europe Convention on Cybercrime to harmonize international cybercrime laws.

Chapter

Cover Information Technology Law

9. National and international responses to computer-related crime  

Computer related crime features increasingly prominently in criminal statistics. As we move towards a cashless society where money is represented by data held on a computer system, so the range and scale of conduct is assuming almost epidemic proportions. Significant issues arise whether and where particular forms of conduct constitute criminal offences. These decisions have historically been a matter for national authorities. As with many issues covered in this book, the emergence of the Internet has brought about significant changes as it has become increasingly apparent that national legislation can be of limited effectiveness. Although cross-border conduct has occurred for very many years and the doctrine of extradition is a well-established one, such actions were the exception to a norm in which all aspects of conduct occurred in a single jurisdiction. The United Kingdom’s legislative history in the field of computer related crime date to the Computer Misuse Act of 1990. In many respects, this legislation restated the position that had been reached under common law where a number of cases had determined that computer related conduct could be prosecuted under existing provisions of the criminal law. In 2001 the Council of Europe Cybercrime Convention was opened for signature and remains the most significant international instrument in the field, having been ratified by almost all European States and a number, including the United States, of non-European jurisdictions. As well as making provision for harmonising substantive criminal offences, there have been moves to enhance cooperation between law enforcement agencies at a procedural level.

Chapter

Cover Information Technology Law

21. Crime and law enforcement in the information society  

This chapter examines cybercrimes, cyber-attacks such as denial of service attacks, and law enforcement in the information society. It looks at advance-fee fraud, internationally known as ‘419 Fraud’ with reference to Nigeria; as well as the ‘Russian Scam’ that targets the users of online dating sites. It also examines other criminal activities common on the internet, such as privacy attacks including phishing which illegally appropriates personal data, harassment, cyber-stalking, and grooming, and also considers identity theft and identity fraud, as well as cyberterrorism. The chapter presents case studies dealing with cybercrimes, and, finally, it discusses the efforts of the Council of Europe Convention on Cybercrime to harmonize international cybercrime laws.

Chapter

Cover Information Technology Law

23. Data protection: rights and obligations  

This chapter examines the rights of data subjects under GDPR (and UK GDPR) and the role of the state in supervising data controllers. It examines data subject rights including the subject access right and the right to correct and manage personal data. It deals with the development of the so-called right to be forgotten in the Mario Costeja González case and its application in cases such as NT1 & NT2 v Google. It examines the current supervisory regime including the role of the Information Commissioner’s Office and the enforcement rights of data subjects. Key cases, including Durant v The Financial Services Authority, Edem v IC & Financial Services Authority, Dawson-Damer v Taylor Wessing, and Ittihadieh v 5-11 Cheyne Gardens are discussed, and the chapter concludes by examining the enhanced enforcement rights awarded to the Information Commisioner’s Office by the General Data Protection Regulation in 2018.