Cybercrime Week8 Flashcards
Carriage service:
A service for carrying communications by means of a guided or unguided electromagnetic energy.
This includes the internet and phone.
2 types of cyber crime:
Cyber dependant offences
Consist of offences which only exist in the digital world. Examples of cyber dependent offences include: (HARD)
• Hacking offences
• Attacks or defacements against websites
• Ransomware which encrypts the victim’s data
• Denial of service (DOS) attacks, Distributed Denial of Service (DDOS) attack.
Cyber enabled offences:
Are where information or communication technologies (ICTs) are integral to the commission of the offence, or a traditional offence that is committed in a new way.
Examples of cyber enabled offences include: (CSIRO) • Cyber bullying • Scams e.g. Email fraud (CEO scams, email phishing) • Identity theft • Romance scams • Online grooming of children. The key is that these offences have both an online and physical component.
What is Cyber-bullying and stalking (NET SPACE)?
Cyber-bullying and stalking occurs when someone engages in offensive, menacing or harassing behaviour, through the use of technology. Cyber bullying is usually carried out by groups or individuals who send messages via mobile communication or social networking which are threatening, intimidating or distasteful in nature.
Examples of cyber-bullying include:
• Nasty online gossip and chat
• Excluding or intimidating others online.
• Taking and sharing unflattering or private images (including naked or sexual images).
• Sending abusive texts and emails.
• Posting hurtful messages, images or videos online.
• Any other form of digital communication which is discriminatory, intimidating, intended to cause hurt or make someone fear for their safety.
• Creating fake social networking profiles or websites that are hurtful.
• Electronic repeatedly sending unwanted messages online.
Reporting/Investigation cybercrime:
• Individuals can report Cyber crime to ACORN (Australian Cybercrime Online Reporting
Network) which may get disseminated to PAC/PDs
• Police should determine how to address bullying behaviour, and when a threshold has been
reached to take further action. Given the high prevalence of social media and other
communication tools in the community, it can be exceptionally difficult to identify offences and/or offenders. It is also important that you consider potential motivations for the behaviour, such as racism.
- If an offence is re-occurring or reaches a threshold of seriousness, investigation should take place.
- Obtain a victim statement, create telecommunications event, attempt to ID offender (iAsk available for some circumstances), obtain witness statements, apply for AVO if you fear for persons safety, interview offender, charge appropriately if evidence is substantial.
S.474.14(2) Criminal Code act 1995 - Using a telecommunications network with intention to commit a serious offence:
o When a person uses equipment connected to a telecommunications network in the commission of, or to facilitate the commission of, a serious offence.
o Covers using mobile phones etc to commit any serious offence…
o A ‘serious offence’ (definition from section 473.1 Criminal Code Act 1995) means an offence against a law of the Commonwealth, a State or a Territory that is punishable by imprisonment
-For life, or
-For a period of 5 or more years.
S. 474.15 CCA- Using a carriage service to make a threat:
o When a person uses a carriage service to make a threat to kill or cause serious harm to a person and that person intends the second person to fear that the threat will be carried out.
o Can be in various forms, i.e. Text/ verbal/ visual, etc.
-Threaten to kill (10 years)
-Threaten serious harm (7 years).
S. 474.17 CCA- Using a carriage service to menace, harass, or cause offence:
o When a person uses a carriage service, and
o The person does so in a way (whether by the method of use or the content of a communication, or both) that reasonable persons would regard as being, in all the circumstances, menacing,
harassing or offensive.
-3 years
Domestic violence and cybercrime:
S. 7 CDPVA- Intimidation:
• Conduct amounting to the harassment or molestation of the person.
• Any approach made by the person by any means (including by telephone, telephone text
messaging, e-mailing and other technologically assisted means) that causes the person to fear for his or her safety.
• Any conduct that causes a reasonable apprehension of:
o Injury to any person
o Violence or damage to any person or property
S. 13 CDPVA- Stalking or Intimidation:
• The accused
• Stalks or intimidates the victim
• With intent to cause fear of physical or mental harm
– Includes those in domestic relationships
– Intention includes conduct not intended but ‘likely’ it could
cause fear
– Prosecution not required to prove actual fear by the victim
Cyber-crime challenges:
· Resourcing issues
· Blurring or confusion of jurisdictional responsibility, particularly when offender(s) or victims have used false identities or subscriber information.
· Lack of training (knowledge) in the technological aspects of the incident, which may require
specialist knowledge.
· Pressure from the community that police will take action, which may not always be possible.
One of the most effective ways to deal with cybercrime is to educate the community to mitigate or reduce the likelihood of victimisation.
ACORN (Australian Cybercrime Online Reporting Network):
Is a reporting tool for the public for cyber-crime.
Provides general educational advice and refers incidents to law enforcement and government agencies for further consideration and investigation.
The 7 Benefits of ACORN (ICT DATA):
- Increased volume of cybercrimes reported.
- Cybercrime resolution increased.
- Time reduced for police to enter cybercrime incident data.
- Duplication of police resources reduced spent on same or similar cybercrime incidents.
- Access to reporting facilities.
- Time and costs reduced for cross-jurisdiction referrals.
- Access to educational and prevention strategies.
