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Fighting eCrime

Fighting eCrime. Agencies and other involved parties Investigative and procedural powers affecting computers. I Who’s Who. ‘Who’s Who in eSecurity and eCrime’ Dale (2001) [2001] CyberLRes 17 http://www.austlii.edu.au/au/other/CyberLRes/2001/17. Who’s Who. Federal Government Agencies

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Fighting eCrime

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  1. Fighting eCrime Agencies and other involved parties Investigative and procedural powers affecting computers

  2. 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

  3. 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

  4. Federal Government • NOIE • A-G’s Department • DSD • ASIO • AFP • AGEC grouping of Cth Law Enforcement agencies

  5. State and Territory agencies • Police forces • Attorney-General’s/Justice Departments • Co-ordinating agencies for Government online activities

  6. Providers of qualifications/training • University IT Departments • TAFE sector • Professional bodies (eg Australian Computer Society) • Private sector providers

  7. II Powers

  8. 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

  9. Article 16 - Preservation of Data • “enable the competent authorities to order or similarly obtain the expeditious preservation of specified computer data, including traffic data”

  10. Article 18 - Production Order • Enable competent authorities to order the production of data

  11. Article 19 - Search and Seizure • Enable competent authorities to search and seize data, or computer systems

  12. Article 20 - Real-time Collection • Enable competent authorities to intercept and record traffic data in real-time

  13. ASIO • Australian Security Intelligence Organisation Act 1979 s 25A Computer Access Warrant • Criminal Code Act 1995 - s 476.5 Liability for certain acts

  14. General • Telecommunications (Interception) Act 1997

  15. 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.

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

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