Legal studies Oral presentation In a new era of Technology, where people from society thrive in the online universe,

there seems to be endless possibilities for the uses of communications technology. However, this is only the beginning of a new age of crime, Cybercrime. Cybercrime is defined by the Australian Law dictionary as any criminal activity that occurs within the domain of communication technologies. Communication technology could be in any case the target of cybercrime or it could be the tool of cybercrime. Simply anything that is considered a criminal offence that is carried in cyberspace is a Cybercrime. Anyone can fall a victim to cybercrime whether it be by phone or computer, however due to the growing advancements of technology, cybercrime has become more threatening. International law plays a very little role and has little control over cybercriminals and their activities. Cybercrime is directly associated with your digital identity and what you put out into cyberspace. The Cybercrime Act 2001 (Cth) and the Privacy Act 1998 (Cth) were legislated as cybercrime and identity fraud presented a reasonable threat to the public. The Cybercrime act was an act to amend the law relating to computer offences and other purposes. The privacy act is designed so that your information can be protected. These are the two commonwealth laws that are in place to protect users of communications technology from cybercrime. The cybercrime act allows for government organizations like the ASIO (Australian Security Intelligence organization) to investigate cybercriminal activity. It also means that people can seek help and allow for the prosecution of a cybercriminal. The privacy act protects an individuals personal information that can be used to indentify such a person. There are the 10 Privacy principles that state what information an organization is entitled to have, what they can do with your information and how it is handled. This gives the individual the right to know what is being done with their personal information. This is to protect against organizations or cybercriminals from misusing personal information therefore victims are able to take legal action upon the accused or defendant. Although the current legislation is only so young, Technology is moving faster rate than the law, which causes legal complications. The severity of cybercrime is just as significant as physical crime. If a robber and a hacker both stole the same amount from a bank, which one is worse? Only difference is that the cybercriminal is able to cover their tracks. Therefore how is the victim able to be granted justice if the criminal cannot be caught. The current legislation is failing because cybercriminals arent caught as easily in cyberspace than in the physical world. The media act as advocates for the rights of victims of cybercrime. They broadcast the misuse of technology by deliberate criminals who are out to take over cyberspace. It seems that the media have sum up cybercrime as looking for a black cat in a dark room. The media presents the victim as being helpless without any form of justice. There are no loop holes in the legislation and it is written well so that if you are caught can be prosecuted, the only matter is when or if you get caught. The legislation can do nothing for the individual if the criminal has left no evidence or cannot be found.

The same goes for the privacy of ones personal information. The law gives them rights to ask what is being done and to question why and if necessary not give specific information or say no. The risk of giving personal information is extremely great and if precautions are ignored than it is possible for there to be consequences. Again the victim has rights to prosecute but bit may as well have been too late. Some commentators would suggest that the government have no control of what happens in cyberspace and to stay out of it. This would mean that cybercrime would boom and be in more favor of the criminal rather than the victim and there would be no question of injustice. Some would be under the impression that the government should have more control of what people do in cyberspace. This would make cyberspace a safer environment; however there could be an instance where an individuals right may be deprived. For example, one may argue that its ones freedom to roam cyberspace without having their every move monitored by the government as they would freely roam the streets without someone looking over their shoulder. As of today people are to be left alone when in cyberspace unless there is a significant concern. Some particular individuals use the act as a form of protest. The infamous Australian Julian Assange had undertaken the act to reveal military secret as an act of hacktivism. The law says that he indeed should be prosecuted for his actions. In his defense, he claims that the government had been hiding information from the public and therefore he was acting on behalf of society. He is currently residing in Ecuador in an embassy in which the Australian law cannot impose any sort of further prosecution until he either returns to Australian shores. As far as the legislation goes, the legislation of the Cybercrime act and the Privacy act will always reform so far as Technology keeps advancing. The current problem is that technology is far ahead of the law which is why so many cases will go unsolved. Nevertheless, the legislation and interest groups such as Electronic Frontiers Australia need to focus on providing assistance to victims of cybercrime and make a considerable effort to equip them so that they will not be targeted again and have procedures and programs that will educate users of communication technology particularly those of the younger generation who have become more so consumers of technology so that they will become aware of the risk and have the right protection. As said earlier cybercrime can be described as looking for a black cat in a dark room, however there is always hope for the victims and maybe that sometime in the future that cybercrime be stopped completely in its tracks. Bibliography

http://www.comlaw.gov.au/Details/C2004A00937 http://www.legalanswers.sl.nsw.gov.au/hot_topics/pdf/cyberlaw_70.pdf http://0www.oxfordreference.com.library.sl.nsw.gov.au/view/10.1093/acref/9780195557558.001.000 1/acref-9780195557558-e-0921?rskey=xEyeHt&result=1