Fighting eCrime

Agencies and other involved partiesInvestigative and procedural powers affecting computers

I Who’s Who

• ‘Who’s Who in eSecurity and eCrime’ Dale (2001) [2001] CyberLRes 17http://www.austlii.edu.au/au/other/CyberLRes/2001/17

Who’s Who

• Federal Government Agencies• State and Territory Agencies• Industry Associations• E-security solutions vendors and

consultants• Providers of eSecurity

qualifications/training• E-security professionals within

organisations

Federal Government

• NOIE• A-G’s Department• DSD• ASIO• AFP• AGEC grouping of Cth Law

Enforcement agencies

State and Territory agencies

• Police forces• Attorney-General’s/Justice

Departments• Co-ordinating agencies for

Government online activities

Providers of qualifications/training

• University IT Departments• TAFE sector• Professional bodies (eg Australian

Computer Society)• Private sector providers

II Powers

CoE Convention

• Cybercrime Convention Sec 2 requires investigatory powers (A14(1)) covering: Expedited preservation of stored computer data Production orders Search and seizure of stored computer data Real-time collection of computer data See also Ch. III - International co-operation

Article 16 - Preservation of Data

• “enable the competent authorities to order or similarly obtain the expeditious preservation of specified computer data, including traffic data”

Article 18 - Production Order

• Enable competent authorities to order the production of data

Article 19 - Search and Seizure

• Enable competent authorities to search and seize data, or computer systems

Article 20 - Real-time Collection

• Enable competent authorities to intercept and record traffic data in real-time

ASIO

• Australian Security Intelligence Organisation Act 1979 s 25A Computer Access Warrant

• Criminal Code Act 1995 - s 476.5 Liability for certain acts

General

• Telecommunications (Interception) Act 1997

Crimes Act 1914 (Cth)Search Warrants

• Division 2• In particular, s3LA Person with

knowledge of a computer or a computer system to assist access etc.

http://www.auscert.org.au/