Forwarded From: Nicholas Charles Brawn <ncb05@uow.edu.au>
13May98 UK: EXPERTS TACKLE CYBERCRIME.
By Anjana Ahuja.
A new research unit aims to clear the blurred boundaries of Internet law.
LEGAL experts at Leeds University have started what is thought to be
Britain's first cyberlaw research unit (Anjana Ahuja writes). Based at the
Centre for Criminal Justice Studies, the unit will deal with such issues
as hacking, incitement to violence and stalking on the Internet.
The university has also instigated a ten-week course on Internet crime for
law students, which they hope will blossom into a full-time undergraduate
degree. "There have been large moral panics over things like child
pornography on the Internet, and people immediately want to start
legislating," says David Wall, who set up the unit and course. "The
problem is that we are imposing legislation on an environment we don't
really understand.
"There are many situations where the law works perfectly well. For
example, the defamation laws remain the same. Ordinary people can become
publishers on the Internet, so there are suddenly many more people who are
capable of defaming."
The boundaries between racist speech and freedom of expression, says Wall,
are becoming blurred. There must be a balance, because of the danger of
"counter cultures" developing if the hand of censorship is too heavy.
Unofficial Web sites will also come under scrutiny - these are usually
abhorred by the companies that own the rights to, say, the Teletubbies or
Oasis, because they are said to devalue the brand. So fans who set up
cybertemples of worship can find themselves embroiled in legal tussles.
Wall says: "The normal avenue is a 'cease and desist' letter from the
estate or company, but it is unclear what law these unoffical sites
breach. Some times the sites aren't in Britain, so what is the legal
position then?"
Hacking is a crucial issue, because of the increasing reliance on computer
information in national defence and security. Wall sees a world of
difference between teenage boys trying to break into systems to gain
status, and professionals trying to perpetrate information warfare. The
law, however, doesn't.
He says: "The Computer Misuse Act deals with people who have broken into
other systems, but it doesn't look at the damage that is perpetrated once
the intruder is in."
Cyberstalking is another grey area, because people are increasingly
striking up relationships on the net. These can be covered to some extent
by law at present, but Wall thinks that electronic stalking is slightly
different.
Wall is running the unit and course with Professor Clive Walker and Yaman
Akdeniz; the trio are also writing books on Internet law. The unit is
beginning to get consultancy work from Internet service providers, who can
be held responsible if activity on the net falls on the wrong side of the
law. "We want to develop debate in a terrain that is changing all the
time," Wall says.
-o-
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Received on Tue May 19 08:57:18 1998