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Posts tagged “Computer Misuse Act

Securing Freedom, What Tactics Should and Currently are Being Used to Combat Criminal Exploitation of the Internet, and is it Legal or Proportionate ?

A few recent broadcasts not too be missed..

Stephen Grey investigates the use of computer hacking by the police and security agencies to combat criminal exploitation of the internet and asks if it is legal.

“.. RIPA .. range of surveillance powers.. unspecified hardware/software, keyloggers..

software installed on suspect computers could be considered breaking section 3 of Computer Misuse Act, by altering data..

lack of clarity from authorities, Article 8 Human Rights Act, scope of states power must be disclosed and made clear what authorities will or won’t use ..

William Hague, who speaks for the government on computer security issues, said: “Any export of goods that could be used for internal repression is something we would want to stop” .. He also admitted the law governing software exports was a grey area ..”

UK firm denies ‘cyber-spy’ deal with Egypt
Stephen Grey, File on 4, BBC Radio 4, 20 September 2011
http://www.bbc.co.uk/news/technology-14981672 – (Full Broadcast) – last access 23 September 2011

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Excellently delivered by Eliza, offering public insight into reasons behind securing freedom and perceived hypocrisy.

Her second Reith lecture of 2011, the former director-general of the British Security Service (MI5), Eliza Manningham-Buller, discusses policy priorities since 9/11. She reflects on the Arab Spring, and argues that the West’s support of authoritarian regimes did, to some extent, fuel the growth of al-Qaeda.

The Reith Lectures – Securing Freedom: 2011 : Freedom
Eliza Manningham-Buller, BBC Radio 4, 20 September 2011
http://www.bbc.co.uk/iplayer/episode/p00k4053/The_Reith_Lectures_Eliza_ManninghamBuller_Lecture_3_Freedom/ – (Full Broadcast) – last access 23 September 2011

Her first and the previous Reith Lecture:

The Reith Lectures – Securing Freedom: 2011 : Security
Eliza Manningham-Buller, BBC Radio 4, 13 September 2011
http://www.bbc.co.uk/iplayer/episode/b014fcyw/The_Reith_Lectures_Securing_Freedom_2011_Eliza_ManninghamBuller_Security/ – (Full Broadcast) – last access 23 September 2011

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Some Current Law addressing the Distribution and Creation of Malware and Viruses

“.. In the UK, the introduction of malware is covered by section 3 of the Computer Misuse Act [2]. The Act states that a crime is committed if a person “does any act which causes an unauthorized modification of the contents of any computer” and the perpetrator intends to “cause a modification of the contents of any computer” which may “impair the operation of any computer”, “prevent or hinder access to any program or data held in any computer” or “impair the operation of any such program or the reliability of any such data” ..

Malware is generally distributed unintentionally subsequent to its initial creation. Thus an ICP or an ISP would not be found criminally liable under either the Computer Fraud and Abuse Act or the Computer Misuse Act for most cases of dissemination ..”

What the Law Says about Distributing a Virus or Malware
Craig S Wright, InfoSec Island, 20 September 2011
https://www.infosecisland.com/blogview/16567-What-the-Law-Says-about-Distributing-a-Virus-or-Malware.html – last access 22 September 2011 – (Full article)

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“.. The Japanese parliament has quietly passed legislation to make the creation or distribution of a virus or similar malware a criminal offense ..

the distribution of a virus created, for example, in the US, in Japan by a Japanese citizen, would come within the scope of the criminal law ..

what happens if the malware distribution takes place without the knowledge of the user of the computer, such as when a botnet is involved..

Legislators in Japan are less concerned about the semantics, however, as they say this is the country’s response to support the International Convention on Cybercrime, a treaty ratified by more than 30 countries and which mandates international co-operation in investigating crimes in cyberspace ..”

Creating or distributing malware in Japan is now a crime
InfoSecurity Magazine, 20 June 2011
http://www.infosecurity-magazine.com/view/18782/creating-or-distributing-malware-in-japan-is-now-a-crime/ – last access 22 September 2011 – (Full article)

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