Cybercrime and Law

Topics: Crime, Criminal law, Computer Pages: 30 (6082 words) Published: May 7, 2013
Lecture 1 Course Intro and Overview
Purpose of Criminal Law
1. Regulate, maintain and enforce social conduct
2. Discourage behavior harmful to the society
3. Discourage behavior challenging authority’s legitimacy 4. Aim at enforcing society’s more favorable behavior
5. Use criminal sanctions for punishing offenders
6. Incapacitate offenders from continual harming the society 7. Rehabilitate offenders
8. Re-tribute offenders for the harm done
9. Deter potential/repeating offenders from the prohibited conducts

What is Criminal Laws
“Criminal Law is a branch of law that deals with the punishment of an offender for wrongs committed against society.”

Sources of Criminal Laws
1. Common Law
* Laws developed through courts
* “judge-made” law
2. Statutory Law
* Laws enacted by the Legislature
* Written Law
3. Rules of Equity
* A supplement common law, when it prevented "justice" from prevailing * based on a judicial assessment of fairness as opposed to the strict and rigid rule of common law.

Criminal Laws in Hong Kong
1. The Basic Law
2. Common Law and Rules of Equity
3. Statutory Law
* Ordinances
4. Chinese Customary Law
* e.g. New Territories Ordinance, CAP. 9
5. International Law

Criminal Liability
* actus reus--The criminal act
* mens rea--The guilty mind
Example: Theft
* A person commits theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it’ * Elements of Offence:
* dishonesty
* appropriation
* property
* belonging to another
* the intention of permanently depriving
* actus reus: appropriation of property belonging to another * mens rea: dishonesty; the intention of permanently depriving

Criminal Justice System
1. Law Enforcement
* Police Force
* Customs and Excise Department,
* ICAC, Immigration
* Fire Services, ...
2. Criminal Courts & Penal System
* Magistrate’s Court
* District Court
* Court of First Instance
* Court of Appeal, Court of Final Appeal
3. Crime Prevention

* Computer as a target
* Computer as a medium

Cybercrime Laws
1. Unauthorized Access
2. Access with Criminal / Dishonest Intent
(4 Situations) (5 years prison)
* Intent to commit crime
* Dishonest intent to deceive
* View to Dishonest gain -> himself / another
* Dishonest intent -> cause loss to another
3. Criminal Damage
4. Burglary
5. False Accounting
6. Fraud, Theft
7. Extortion
8. Pornography, Gambling, Drugs Offences
9. Sexual Offences
10. Child Pornography
* publishes any child pornography...
* a fine of $2,000,000 and imprisonment for 8 years
11. Copyright Offences
12. Control of Obscene and Indecent Articles
* publishes;
* possesses for the purpose of publication; or
* imports for the purpose of publication,
* any obscene article, whether or not he knows that it is an obscene article, commits an offence and is liable to a fine of $1,000,000 and to imprisonment for 3 years.

Information Security
* Confidentiality 機密性
* Integrity 完整性
* Availability 可用性

Information Security--A User’s Perspective

Case 1
* Remote Login to company intranet/VPN
* Automatic inactive log out
* Using public computer to access...
Case 2
* Spyware and Password
* Trojan and Password
* Installing own software... downloaded from
* Internet
* Virus... still the no. 1 threat.
* Virus + Spyware, trojan, DDoS, ....
Case 4: Information Leakage
* The power of Search Engine
* The power of Blog!
* Convenience
* Information ‘sharing’
* The ‘TV’ Test
Case 5
* Storage media...
* HDD, USB Drive, Memory card, Network drive
* Public services, ISP, Yahoo!, Gmail, ...

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