ACS Raises Questions about Commonwealth Cybercrime Bill
Thursday 19 July 2001 - The Australian Computer Society (ACS) has raised concerns about elements of the Federal Government's Cybercrime Bill 2001
Philip Argy, ACS Vice President and Chair of the Society's Ethics, Legal and Social Implications Committee, presented the Society's submission to the Senate Legal and Constitutional Legislation Committee in Sydney earlier today.
Mr Argy said the Cybercrime legislation is based on recommendations made in the January 2001 Model Criminal Code Damages and Computer Offences Report. However, he said many of the Society's concerns relate to areas where the Bill makes unacknowledged and unjustified departures from the Model Code.
"While the ACS supports the proposed legislation in principle, we are concerned about the definitions used in many of the provisions and have serious reservations about the broad powers being conferred upon statutory agencies such as ASIO," he said.
Mr Argy pointed to a section of the original report which states that:
"Despite this and other sections of the Report which highlight the need to avoid making criminal offences of innocuous or legitimate computer-related activities, the Cybercrime Bill potentially does this through its broad use of language," he said.
"By reason of the awesome breadth of the definitional language employed, seemingly reasonable provisions are converted into precisely the prohibitions the Committee was seeking to avoid, and leave everyday activity vulnerable to prosecution by misguided if not over zealous enforcement authorities."
While the ACS believes strong enforcement is important in relation to cybercrime, Mr Argy said the Society felt that education of enforcement agencies was a significant element in fighting computer-related crime.
"We are also very concerned to ensure that civil liberties are protected and that strong legislation is not able to be used by law enforcement agencies for harassment or other ulterior purposes," he said, calling for investigative powers to be subject to appropriate supervision and scrutiny.
This media release is available on the ACS Web site at http://www.acs.org.au/news/190701.htm
ENDS
The Australian Computer Society is the recognised association for information technology (IT) professionals, attracting a large and active membership from all levels of the IT industry and providing a wide range of services to its 16,000+ members. A member of the Australian Council of Professions, the ACS is the public voice of the IT profession and the guardian of professional ethics and standards in the IT industry, with a commitment to the wider community to ensure the beneficial use of IT.See the ACS Home Page for more information. Media Enquiries:
Philip Argy, ACS Vice Pres. & Chair, ELSIC Committee, Tel: (02) 9296 2054, Email: Philip.Argy@msj.com.au
Caroline New, Caroline New PR, Tel: (02) 9980 8060 or (0411) 889 456, Email: cnew@acslink.net.au