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Formulating Specialized Legislation to Address the Growing Spectre of Cybercrime: A Comparative Study

Defines cybercrime as “any violation of criminal law that involves knowledge of computer technology by the perpetrator, investigator, or prosecution.” Includes: hacking or damaging a computer network, accessing or stealing electronic data without authorization, cyberstalking via e-mail or extortion. Argues that cybercrime has transformed due to the emergence of new Internet environments, organized cybercrime groups, and “smart” viruses, leading to a call for specialized legislation to counteract cybercrime. Analyzes cyber legislation in the United States, the United Kingdom, Australia, India, South Africa, and the Gulf States. Finds that shortcomings of national laws to battle cyber crime spur new varieties of specialized cyber legislation. Proposes that countries should change their procedural laws to account for cyber crime through a balanced approach that considers human rights and international cooperation between nations. Challenges arising from cyber crime exist in four areas: logistics, combating anonymity, accessing electronic information, and transnational enforcement.
F Cassim
North-West University
Industry Focus: 
Information & Telecommunication
Internet & Cyberspace
Bibliographies & Reports