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Computer Crimes and Digital Investigations

Computer Crimes and Digital Investigations

Author: Ian Walden
Publisher: Oxford University Press
ISBN: 9780199290987
Published In: February 2007
Format: Hardback , 534 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Provides a comprehensive legal analysis of the substantive and procedural rules relating to computer crime
Offers a clear explanation of the relevant technical aspects of computer crime
Combines detailed analysis with extensive case referencing and practical examples
Places computer crime within its international context, examining international harmonisation initiatives and mechanisms for co-operation between law enforcement bodies

Computer and network-based crime is a rapidly growing phenomenon and problem for individuals, organisations and society as a whole, whether in the form of viruses or the distribution of child pornography. Following September 11th 2001, the horrific terrorism attacks on the London transport system in July 2005, and the threat of further attack through chemical and biological weapons, there is a broad governmental recognition of the vulnerability of society to attacks against critical infrastructure, which includes computer and communications systems. As a consequence, governments have placed computer crime laws high on the political agenda.

This text provides a comprehensive legal analysis of the substantive and procedural rules relating to computer crime, and offers a clear explanation of the relevant technical aspects of computer crime, from types of attacks launched through to forensic techniques. The text places computer crime firmly in its international context, through comparative discussion of laws in other jurisdictions, international harmonisation initiatives, and mechanisms for co-operation between law enforcement bodies in different jurisdictions.

Readership: Primary market: practitioners and academics specialising in criminal law, information technology, intellectual property, data protection, and corporate fraud. Secondary market: caw enforcement agancies including the police and CPS, and non-legal professional advisors such as computer forensic and data security experts.

1: Introduction
An ever-changing environment
What it is and is not
For whom?
Laws and laws and...
'Lies, damn lies - statistics'
Method and madness
2: From Computer Abuse to Cybercrime
Introduction
Subject matter
Public policy
Criminal law
Criminal types and actors
Policing cyberspace
Concluding remarks
3: Committing Crimes: Substantive Offences
Introduction
Computer-related crimes
Content-related offences
Computer integrity offences
Concluding remarks
4: Addressing the Data Problems: Cyber-forensics and Criminal Procedure
Introduction
Computer and network forensics
Cyber-surveillance
CPS-derived data
Suspect-derived data
Concluding remarks
5: International Aspects: Jurisdiction and Harmonization
Introduction
Material jurisdiction
Procedural jurisdiction
Harmonization initiatives
Concluding remarks
6: Evidential Issues: Presenting Data
Introduction
Pre-trial disclosure
Abuse of process
Admissibility
Probative value or evidential weight
Expert witnesses
Court presentation
Concluding remarks
7: Computer Crimes and Digital Investigations
In review
Changing landscape and shifting priorities
Law, code, and rules
Regulating and policing cyberspace
Where next?
APPENDICES
Appendix I: Computer Misuse Act 1990
Appendix II: Council of Europe Convention on Cybercrime
Appendix III: Council Framework Decision 2005/222/JHA of 24 February 2005
Appendix IV: Association of Chief Police Officers Good Practice Guide for Computer based Electronic Evidence

Ian Walden, Professor of Information and Communications Law and Head of Computer and Communications Law in the Centre for Commercial Studies, Queen Mary, University of London

"An invaluable companion, not least because it largely delivers what it says on the cover" - David S Wall, King's Law Journal