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Published byVirgil McLaughlin Modified over 9 years ago
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Fighting eCrime Agencies and other involved parties Investigative and procedural powers affecting computers
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I Who’s Who ‘Who’s Who in eSecurity and eCrime’ Dale (2001) [2001] CyberLRes 17 http://www.austlii.edu.au/au/other/CyberL Res/2001/17
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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
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Federal Government NOIE A-G’s Department DSD ASIO AFP AGEC grouping of Cth Law Enforcement agencies
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State and Territory agencies Police forces Attorney-General’s/Justice Departments Co-ordinating agencies for Government online activities
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Providers of qualifications/training University IT Departments TAFE sector Professional bodies (eg Australian Computer Society) Private sector providers
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II Powers
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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
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Article 16 - Preservation of Data “enable the competent authorities to order or similarly obtain the expeditious preservation of specified computer data, including traffic data”
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Article 18 - Production Order Enable competent authorities to order the production of data
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Article 19 - Search and Seizure Enable competent authorities to search and seize data, or computer systems
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Article 20 - Real-time Collection Enable competent authorities to intercept and record traffic data in real-time
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ASIO Australian Security Intelligence Organisation Act 1979 s 25A Computer Access Warrant Criminal Code Act 1995 - s 476.5 Liability for certain acts
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General Telecommunications (Interception) Act 1997
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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.
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http://www.auscert.org.au/
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