Fighting eCrime Agencies and other involved parties Investigative and procedural powers affecting computers

I Who’s Who ‘Who’s Who in eSecurity and eCrime’ Dale (2001) [2001] CyberLRes 17 Res/2001/17

Who’s Who Federal Government Agencies State and Territory Agencies Industry Associations E-security solutions vendors and consultants Providers of eSecurity qualifications/training E-security professionals within organisations

Federal Government NOIE A-G’s Department DSD ASIO AFP AGEC grouping of Cth Law Enforcement agencies

State and Territory agencies Police forces Attorney-General’s/Justice Departments Co-ordinating agencies for Government online activities

Providers of qualifications/training University IT Departments TAFE sector Professional bodies (eg Australian Computer Society) Private sector providers

II Powers

CoE Convention Cybercrime Convention Sec 2 requires investigatory powers (A14(1)) covering:  Expedited preservation of stored computer data  Production orders  Search and seizure of stored computer data  Real-time collection of computer data  See also Ch. III - International co-operation

Article 16 - Preservation of Data “enable the competent authorities to order or similarly obtain the expeditious preservation of specified computer data, including traffic data”

Article 18 - Production Order Enable competent authorities to order the production of data

Article 19 - Search and Seizure Enable competent authorities to search and seize data, or computer systems

Article 20 - Real-time Collection Enable competent authorities to intercept and record traffic data in real-time

ASIO Australian Security Intelligence Organisation Act 1979 s 25A Computer Access Warrant Criminal Code Act s Liability for certain acts

General Telecommunications (Interception) Act 1997

Crimes Act 1914 (Cth) Search Warrants Division 2 In particular, s3LA Person with knowledge of a computer or a computer system to assist access etc.