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Internet regulation against cybercrime - pros and cons of more regulation

  • 20 Sep 2012
  • Baker & McKenzie

Cybercrime is constantly in the news. There's pressure on government to do more to protect against it, but also concerns with expanded government controls over the internet.

Join us for a discussion of new and proposed changes regulating cybercrime and the internet to explore:

- Will the changes substantially increase regulatory burdens?

- What concerns and practical challenges do the changes create?

- The extent that the changes are likely to assist in effectively regulating cybercrime.

Presented by:  Patrick Fair, Partner & Anne Petterd, Special Counsel, Baker & McKenzie

Recent examples of law reform:

- the Cybercrime Legislation Amendments.  These include new requirements on carriers and carriage service providers for preserving stored communications and other changes to facilitate Australia's accession to the Council of Europe Convention on Cybercrime; and

- the Defence Trade Controls Bill 2011.  While not a cybercrime-specific measure as such, if passed, the new laws will require permits for intangible transfer of controlled technology in an export-like situation.  Controlled subject-matter is much broader than subject-matter only used for defence purposes.  Practical challenges with the proposed laws have been identified, particularly for educational institutions and those collaborating on projects across geographic borders.

More regulatory changes are being considered.  The Attorney-General's Department recently issued a discussion paper Equipping Australia against emerging and evolving threats.  The paper outlines proposals for telecommunications interception reform, telecommunications sector security reform and Australian intelligence community legislation reform.  The paper looks at perceived problems with current law (eg, being out of step with technology) and options for reform, including increased regulation.

If the over 175 submissions are anything to go by, some proposed reforms are proving controversial.  One example is a proposal that ISPs would be required to capture and store activities of its users for up to 2 years.

We hope you can join us.


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