New South Wales Govt proposes ‘Anti-hacking' legislation.

Quoting estimates of the $ 6.7 billion damage alleged by antivirus companies to have been caused by the ‘I Love You' virus, Mr Debus proposed that the New South Wales Government would create a new offence in the NSW Criminal Code of "unauthorised impairment of electronic communication".

The amendments, due to be introduced to NSW parliament before the end of the year, will specifically target "the spreading of computer viruses", according to the Attorney-General.

The offence will carry a maximum of ten years' jail; details were unavailable at the time of writing as to exactly what sort of crime constituted an offence under the terms of the proposed changes.

The Attorney General added that further penalties would apply to those who interfered with "credit card information or other data held on computer, with intention to defraud" would carry a penalty of up to 5 years. Other indictable offences, like fraud and forgery would be updated to apply to computers.

Security analysts are critical of the NSW Government's position, with some suggesting that the NSW Government's proposals come unstuck almost immediately on definitions of key elements of the amendments.

"The very nature of a computer virus is such that tracking the source of it is nigh on impossible," said Grant Bayley of security group 2600, adding, "Especially if the transmission occurred automatically and without the user's permission or intervention".

Bayley also suggested that the NSW Government is behind industry best practice with respect to what constitutes evidence in such a case. "If evidence such as a log of entry into or access to data on a computer isn't anything more than a log file on an insecure computer system, how can it be relied upon without a leap of faith by the judge/jury as to it's authenticity and accuracy?" said Bayley.

The proposals come almost a year after the completion of a government discussion paper titled the "Model Criminal Code Discussion Paper on Damage and Computer Offences", which lays out a blueprint for proposed legislation to deal with the instance of computer security breaches, virus dissemination and computer fraud.

While no legislation has been specifically enacted to deal with computer crime, various existing criminal codes are being updated or amended to account for the threat computer crime presents to the growing electronic commerce sector.

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Miguel D'Souza

PC World
Show Comments

Cool Tech

Toys for Boys

Family Friendly

Stocking Stuffer

SmartLens - Clip on Phone Camera Lens Set of 3

Learn more >

Christmas Gift Guide

Click for more ›

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Michael Hargreaves

Microsoft Office 365/Dell XPS 15 2-in-1

I’d recommend a Dell XPS 15 2-in-1 and the new Windows 10 to anyone who needs to get serious work done (before you kick back on your couch with your favourite Netflix show.)

Maryellen Rose George

Brother PT-P750W

It’s useful for office tasks as well as pragmatic labelling of equipment and storage – just don’t get too excited and label everything in sight!

Cathy Giles

Brother MFC-L8900CDW

The Brother MFC-L8900CDW is an absolute stand out. I struggle to fault it.

Luke Hill

MSI GT75 TITAN

I need power and lots of it. As a Front End Web developer anything less just won’t cut it which is why the MSI GT75 is an outstanding laptop for me. It’s a sleek and futuristic looking, high quality, beast that has a touch of sci-fi flare about it.

Emily Tyson

MSI GE63 Raider

If you’re looking to invest in your next work horse laptop for work or home use, you can’t go wrong with the MSI GE63.

Laura Johnston

MSI GS65 Stealth Thin

If you can afford the price tag, it is well worth the money. It out performs any other laptop I have tried for gaming, and the transportable design and incredible display also make it ideal for work.

Featured Content

Product Launch Showcase

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?