Clark, Eugene --- "Principles of Cybercrime by Jonathan Clough" [2010] JlLawInfoSci 15; (2010) 20(2) Journal of Law, Information and Science 119

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Book Reviews
Principles of Cybercrime

Jonathan Clough

Cambridge University Press, 2010 ISBN 978-0-521-89925-3 Hardback; 978-0-521-72812-6

Paperback 447 pgs (including index)

‘It has become appallingly obvious that our technology has exceeded our humanity.’

Albert Einstein

Principles of Cybercrime is a much welcomed and excellent work on an increasingly important topic that has added new threats to the growing body of humanity using the Internet in their daily lives.

The author uses the term ‘cybercrime’ because it is widely used in the literature and is the term used by the Council of Europe Convention on Cybercrime. As the author notes in chapter 1, the challenges of cybercrime stem from several characteristics of digital technology. These include the scale of technology with now an estimated 1.6 billion people on the Internet; the accessibility of computers which are becoming both more pervasive and easier to use; the speed at which software is produced thus leading to inevitable bugs in the programming that be exploited; the anonymity of the Internet where the identity of the users is impossible to ascertain; the portability and transferability of data which can be quickly moved to a different jurisdiction; its global reach and the absence of a means to conduct surveillance of the Internet and difficulty of policing across national borders.

These same characteristics of technology mentioned above make it difficult to estimate the scale of the cybercrime problem. Noting that there is no universally accepted definition of cybercrime, the author points to three common classifications or categories of cybercrime that are components of almost all definitions. The first category of cybercrimes includes crimes in which the computer is the target of the criminal activity, eg hacking, malware. The second involves crimes which are facilitated by use of computers, for example to stalk, commit fraud or engage in child pornography. The third category involves crimes in which the computer is a source of evidence, recognising that the computer is an excellent device for record keeping, including records related to criminal activity. In other words, the use is incidental to the alleged criminal activity, but it provides evidence of the crime.

This book is organised into six parts and 14 chapters. After the introduction in Part I, Part II deals with crimes involving the computer as a target. This includes illegally gaining access to information, such as confidential information, trade or government secrets. It also includes modification of data on the computer or use of a computer without permission.

Part III examines fraud and related offenses and provides an excellent overview of a very broad spectrum of criminal activity. Part IV covers content-related offenses (online child abuse, pornography, etc). Part V treats offences against the person with separate chapters on grooming, cyber-stalking, and voyeurism. Finally, Part VI considers the topic of jurisdiction.

The discussion of these various topics draws on cases and legislation from four countries. The approach of this work is thus comparative given cybercrime itself often crosses national borders as countries struggle to develop the legal infrastructure to deal with this new form of crime. The author strategically and appropriately limits the comparison largely to four common law countries: US, UK, Canada and Australia. In addition, considerable attention is devoted to the Convention on Cybercrime. This seems both practical and sufficiently focused in its approach. International bodies such as the OECD, UN, Council of Europe, G8 and Interpol are now increasingly working together. The Convention on Cybercrime which came into force on 1 July 2004 has also led to greater sharing of information, harmonisation of laws, and cooperation among countries.

Readers will appreciate and value the inclusion of excellent index, bibliography, case and legislation tables, and list of abbreviations. These features, plus the comprehensive footnoting will prove invaluable to readers looking to extend their search further. The book is clearly written, excellently presented, well organised and thoroughly documented.

Some suggestions to consider for future editions of this work include the desirability of greater reference to the literature by criminologists and other disciplines regarding cybercrime, perhaps the addition of a case study or two demonstrating best practice and a glossary of technical terms to assist those relatively new to the area. Finally, taking into account the learning styles of various readers, the text would benefit from the greater inclusion of diagrams and other illustrative material.

In summary, Principles of Cybercrime makes a valuable contribution to a challenge being met by all countries seeking to ensure their criminal laws keep pace with the challenges posed by modern technology. A legal system able to combat the evils of cybercrime is a vital component of the legal infrastructure required if society is to fully realise the promise which such technology holds. In this process, countries need to learn from each other and cooperate with each other as never before. This work will assist lawyers, business and government in their efforts to achieve this goal.

Professor Eugene Clark BA, MEd, MEd Studies, JD (Hons), PhD

Professor of Business Law, Griffith Business School