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Lecture 10

LAW 602 Lecture 10: LAW602 – Lecture 10

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Ryerson University
Law and Business
LAW 602
Eric Libman

LAW602 – Lecture 10 Proposals for Reform | Cyber Crime  Cyber space synonym for Internet but meaning is much broader – new social spaces that are accessible through Internet o Cyber Crime  can be used for traditional crimes (e.g. bullying, fraud), but also crimes that cannot occur without a computer (e.g. spreading viruses/malware)  Cyber space prone to same hazards, risks, annoyances found in real space, as well as lack of jurisdictional boundaries, physical constraints, feature of anonymity  Cyber space contains all of same problems that plague real space as well as new ones: o Some businesses and individuals steal intellectual property plus other goods and services on Internet o Others disseminate malware, deface websites, destroy data files o Production, distribution of child pornography, luring of children for sexual encounters, commit fraud, extortion o Bullies, stalkers can also use Internet as outlet for expression for negative opinions, bullying, harassment  Criminals able to defy conventional jurisdictional constraints, weave attacks through multiple jurisdictions  Constraints that govern physical interactions do not apply to cyber space  In cyber space no requirement for physical proximity to commit crime  Conduct illegal, unethical in one jurisdiction may be considered legal in another  Cyber space allows individuals to conceal their identities in ways not possible in real, physical world  Cyber attacks impact mainstream computing devices such as laptop and desktop computers – attractive to attackers due to their prevalence and popularity  Cyber criminals likely to turn attention toward non-mainstream platforms in future, especially if lucrative rewards  As email security improves, attackers will turn to more sophisticated platforms, such as web browsers; data hiding through encryption attractive to criminals  Cloud computing – information stored, delivered through data centres, owned and maintained by third party may be targeted  Complexity of security increases with remote storage  Cyber criminals may also turn attention to virtual assets used online, if they have real world value, can be sold online; virtual currency can be used for money laundering  Malware – increasingly serious threat, significant money in issue  With more and more people conducting business, social transactions online, malicious code moving away from being harmful to financial benefit  Rapid growth to e-commerce, virtual currency, underground economy on Internet  Terror organizations capable of inflicting serious harm on communications infrastructure – important to put in place measures to protect against risk, mitigate harms suffered when attacks made  Internet extremely important element in today’s society  Communications technologies accessible to millions of people around the world  Canada “far behind” other leading industrialized countries in confronting computer crime through legislation – only recently that laws enacted against spam, identity theft and phishing  Legislation is only part of solution – user education, accountability also critical  Individual users need to be encouraged to be more responsible and proactive  Public awareness should be facilitated at all levels of community – educating young children about online communications with strangers, risks of online commerce  Increase public awareness of existing cyber reporting mechanisms  Canada needs to facilitate inter-jurisdictional, inter-agency cooperation in fight against cyber crime  Need for providing necessary resources for law enforcement agencies, central reporting stations  Technological assistance needed for national, provincial, municipal police  Facilitate relationships between investigative agencies and private sector  Since many attacks motivated by profit, mechanism to limit or reduce attacker’s ability to profit likely to be workable solution to combat cyber threats  However, many cybercrimes committed internationally, so also important for further international cooperation, partnership with other nations  Need for international treaties, implementation of lawful access legislation in Canada  Without lawful access legislation, no way for Canada to intercept online communications of cybercrime suspects, request and receive valuable information about suspects, gather physical evidence needed for prosecution  By implementing such measures, Canada would achieve greater success in fight against cyber criminals, become global leader in worldwide effort to combat crime on Internet  Questions: o What is future of cybercrime? o What can Parliament do to respond to developments in computer related crime? o What are some of most problematic issues and what can be done to lessen their impact? o Is the Canadian legal framework capable of dealing with more advanced security threats? o Parliament increased punishment for fraud over $1 million dollars – is this type of increased punishment effective? Should there be increased penalties for cybercrimes? Regulatory Offences  Sault Ste. Marie introduced strict liability for regulatory offences, also applies to administrative penalties  Many provinces have put in place administrative monetary penalty schemes to avoid prosecution, e.g., Ontario Environmental Protection Act – “You Spill You Pay”  Proposal by Law Commission of Ontario (2011) to replace parking
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