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Vol 21 No 11 Nov/Dec 2016

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Cyber Crime: Law and Practice


ISBN13: 9780854901364
Published: March 2014
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00



In stock.

As computer technology has advanced – and along with it the development of the internet – the utility and benefits that they have brought with them have made them indispensible to modern society.

With the ever increasing reliance on such technology and its pervasiveness in personal and professional life, it was inevitable that it should come to be used in ways which society has decided are contrary to the public interest and therefore worthy of disapprobation and criminal sanction.

To this end, Parliament has found itself having to legislate in order to criminalise certain acts involving computer technology which did not exist prior to the development of the technology. On the other side of the law, the courts have found themselves having to redefine the application of pre-existing criminal law in order to accommodate and incorporate the novel ways in which computer technology can be used to commit criminal offences.

This book is the first book to tackle the fast growing topic of cyber crime and covers a wide range of topics from electronic fraud, cyber stalking, online theft and intellectual property to more involved topics like malicious communications and the rules of evidence relating to cyber crimes and computers.

Through the use of detailed case studies, examples and statutory extracts the reader is able to understand all aspects of cyber crime and computer crime. Cyber Crime: Law and Practice provides a practical, easy-to- follow guide for practitioners in the field, as well as those in law enforcement and academia.

With a Foreword by Adrian Leppard, Commissioner, City of London Police

Subjects:
Information Technology Law, Internet Law, Criminal Law, Wildy, Simmonds and Hill
Contents:
Foreword
Introduction
List of Abbreviations
Table of Cases
Table of Statutes
Table of Statutory Instruments;
Table of European Conventions

1. Offences Involving Misuse of Computers;
1.1 Background to the Computer Misuse Act 1990
1.2 Section 1 of the Computer Misuse Act 1990
1.3 Section 2 of the Computer Misuse Act 1990; unauthorised access with intent to commit or facilitate further offences;
1.4 Section 3 of the Computer Misuse Act 1990; unauthorised acts with intent to impair, or recklessness as to the impairment of, a computer
1.5 Types of computer misuse and charges under the Computer Misuse Act 1990
1.6 Section 3A of the Computer Misuse Act 1990 – making, supplying or obtaining articles for use in offences under Sections 1–3
1.7 Meaning of ‘computer’ with regard to offences under the Computer Misuse Act 1990
1.8 Jurisdictional issues for offences under the Computer Misuse Act 1990

2. Offences Involving Data Protection
2.1 Section 55 of the Data Protection Act 1998 – unlawful obtaining or disclosure of personal data

3. Offences Relating to Property
3.1 Theft under the Theft Act 1968
3.2 Intellectual property theft – infringement of copyright under section 107 of the Copyright, Designs and Patents Act 1988

4. Offences Involving Communications
4.1 Introduction
4.2 Section 127 of the Communications Act 2003 – improper use of public electronic communications network
4.3 Section 1 of the Malicious Communications Act 1988 – sending letters, etc. with intent to cause distress or anxiety
4.4 Applicability of section 127 of the Communications Act 2003 and section 1 of the Malicious Communications Act 1988 to computer communications
4.5 Section 1 of the Regulation of Investigatory Powers Act 2000 – unlawful interception of communications by public and private systems

5. Offences Relating to Internet or Computer Content
5.1 Introduction
5.2 Section 1 of the Protection of Children Act 1978 and section 160 of the Criminal Justice Act 1988 – making, possession, publication and distribution of indecent images of children
5.3 Section 62 of the Coroners and Justice Act 2009 and section 63 of the Criminal Justice and Immigration Act 2008 – possession of prohibited images of children and possession of extreme pornographic images
5.4 Section 2 of the Obscene Publications Act 1959 – publishing an obscene article or having an obscene article for gain
5.5 Section 53 of the Regulation of Investigatory Powers Act 2000 – ancillary offence of failing to disclose access to computers

6. Cyber Harassment and Cyber Stalking
6.1 Offences against the person
6.2 Sections 2 and 2A of the Protection from Harassment Act 1997 – harassment and stalking

7. Contempt of Court, the Internet and Court Reporting
7.1 Criminal contempt of court

8. Criminal Evidence and Computer Technology
8.1 General background to the rules of criminal evidence
8.2 Hearsay and computer-derived evidence
8.3 Police powers of seizure of computer evidence

Appendix – Miscellaneous Issues
A1.1 Criminal Procedure Rules

Index