Cybercrime victims urged to come forward

 

Crimes are 'under-reported', says legal chief.

The same social taboos that cause under-reporting of rapes are behind the reluctance of many organisations to pursue malicious hackers through the courts, the NSW director of public prosecutions told a Sydney symposium today.

Nicholas Cowdery said it's "terribly important" for victims of cybercrime to report it even if they suffered embarrassment by going public.

"Corporations don't want the public embarrassment of coming forward and admitting that their systems were compromised and there was some loss so they won't take the next step," Cowdery told delegates to the eCrime Symposium.

Cowdery said legislators and law enforcement should consider if under-age offenders should face adult penalties if the results of their hacking had serious consequences.

He pointed to the constant rate of about 100 murders a year in NSW over the past 100 years as evidence there would always be some online criminal activity but the goal was to "try to keep it within acceptable bounds".

But he shot down the notion that a national internet content filter was a useful tool to stem online fraud.

"Crime prevention methods that are put forward or suggested need first to be practical," Cowdery said.

"Talk[ing] of filters and blocking mechanisms - I think ultimately in a society like ours, in contrast with China, are going to have very limited if any success in achieving the aims that the proponents set out for them.

"By all means let's examine ways in which offending can be limited but we have to do it within the context of our legal system, philosophy, values we hold dear such as freedom of ... association, freedom of communication and try to get the right balance."

Nate Cochrane @natecochrane is tweeting live from the eCrime Symposium.


Cybercrime victims urged to come forward
"@Nate, That's good to hear, but even then 80% of organisations in Australia are SME's, so we are still talking (some what) little people. Even then before you can go to court you have to get ..."
By Shiv
 
 
 
Comments: 5
Shiv
Aug 4, 2009 4:09 PM
Just a thought, maybe we should change the laws so that we have mandatory disclosure by corporations when they have data breaches, rather then wait for the victims to be the last to find out?
bengrubb
Aug 4, 2009 4:54 PM
Shiv,

I think that's what this is meant to address:
http://itnews.com.au/News/151707,privacy-law-update-expected-within-weeks.aspx
Shiv
Aug 4, 2009 5:20 PM
@bengrubb, yeah I know about that. To a degree I was being some what sarcastic. I was just finding it odd that they were suggesting the "little" people come forward to report e-crimes. Its like saying if the bank gets robbed, rather then enforce the bank in to having better security, to instead say, when you next notice you don't have any money in your account do something. The aim here seems a little off...

That report is not due out for a couple more weeks, any recommendations then have to be legislated etc. Expect 12 months before (if) mandatory breach reporting comes into effect. Then expect another 12 months before anyone does anything about it. (Outside of people holding Credit Card Data there is a culture of denial). So 2 years before we really see any changes. So what happens in the meantime?
nate.cochrane
Aug 4, 2009 8:15 PM
@shiv they're definitely not saying that little people like you or me should shoulder the burden. Cowdery is saying that organisations need to stand up and bring the cases.
Shiv
Aug 5, 2009 9:01 AM
@Nate, That's good to hear, but even then 80% of organisations in Australia are SME's, so we are still talking (some what) little people. Even then before you can go to court you have to get approval from the Privacy Office that you do have a case. Last I heard it had over 12 months back log. Using my bank example from above, after you have had the money stolen, you now have to go to a government department who agrees you had money stolen, and then you can bring it to court. The whole thing seems designed to discourage "little people" from ever raising cases as Nick is asking for.

Don't get me wrong, I am keen for massive changes in this area and if taking them to court helps then lets do this, but remove some of the obstacles first. Of course legislation that actually mandated public reporting of a data breach would also be helpful, but that is another story...

Shiv
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