Name: Id. No.

: Course: Date:

Dellendo Farquharson 0400729

COURSE WORK ASSIGNMENT 1 CYBERCRIME ACT-2010 (JAMAICA)

DEFINITION OF CYBER CRIME Cybercrimes are defined as: "Offences that are committed against individuals or groups of individuals with a criminal motive to intentionally harm the reputation of the victim or cause physical or mental harm to the victim directly or indirectly, using modern telecommunication networks such as Internet (Chat rooms, emails, notice boards and groups) and mobile phones (SMS/MMS)". Such crimes may threaten a nations security and financial health, Issues

surrounding this type of crime have become high-profile, particularly those surrounding cracking, copyright infringement, child pornography, and child grooming. There are also problems of privacy when confidential information is lost or intercepted, lawfully or otherwise.

CYBERCRIME ACT 2010 JAMAICA The Cybercrimes Act of Jamaica was passed into the Jamaican legislation on March 17 th, 2010 and Covers three major sections. Part I of the act seeks to provide interpretations of the act, in addition to making some key definitions such as Computer, computer services damage, data, electronic among other common terms used in information technology. However the act did not specifically state or define the word cybercrime, thus one has to rely on other source to come up with a definition for the term. However, the definition of key terms such as computer, data, electronic systems in the Act somewhat seek to clear up whatever misunderstanding that might exist as it relates to absence of a definition of cybercrime. Computer by the Act is defined as: any device or group of

interconnected or related devices, one or more of which, pursuant to a program, performs automatic processing of data and includes any data storage facility or electronic communications system directly connected to or operating in conjunction with such device or group of such interconnected or related devices Part II of the Act seeks to cover the offenses that are punishable under this Act, thus liability for prosecution under the Act can arise where any unauthorised access to computer, programme or data takes place on or using not only a desktop computer (PC) or a laptop but also on smart phones

such as a blackberry, iPhone or Palm. The key is that it must be working and capable of automatically processing, retrieving and storing data. A person commits an offense if that person access any programme or data held in a computer with the intent to commit or facilitate the commission of an offence, and thus is liable for summary conviction before a Resident Magistrate, as well as unauthorised modification, interception, obstruction of operation of computer and unlawfully making available devices or data for commission of offence. An offence is also committed if any unauthorised access is gain to protected computers, meaning that a computer which at the time of the commission of the offence the offender knows or ought reasonably to know is necessary for or used directly in connection with the security, defence or international relations to Jamaica; the existence of identity of a confidential source of information; Confidential educational material among others. In wake of the ongoing lottery scam in Jamaica this sections seek to reprimand those individuals who have retrieved or gain unauthorised access to business information thus using it to defraud business clients. The act also provides for offenses committed by corporate bodies who connived in the commission of the offense or failed to exercise due diligence to prevent the commission of the offence. In light of this, corporate bodies with sensitive information can do more to ensure that these information are secretly kept away from malicious users with criminal intent or legislation be set up within the organisation to severely punish employees who make public sensitive data.

Part III of the act seeks to interpret Investigations such as the power to seize, make and retain copy of data including the use of onsite equipment. In addition the third category covers the procedural regulation of the same offences. The first category of crimes being regulated is associated with unauthorised access to program or data on a computer or on computer systems similar to breaking and entering or with inappropriate escalation of access to a program or data by those who have been authorised to use it. The latter would be persons who would have been granted access to programs or data on a computer with, certain restrictions on rights and privileges. On this interpretation mere access or use of data and information is not enough to constitute an offence under the Act. It has to be in the nature of unauthorised access and unauthorised escalation of access and privileges with the intent to defraud. The second category, the abuse of electronic means of completing transactions would cover offences relating to the interception of electronic transactions, communications or a denial of service attacks. An example of interception of a

transaction would be one that involves website defacement. This occurs where a hacker changes the appearance of a legitimate website and then redirects the user to the hackers server to complete a transaction instead of the legitimate website.

STENGTHS AND WEAKNESSES OF THE CYBER CRIMES ACT Major strength of the Cybercrimes Act 2010 is that it provided a comprehensive framework for prosecution and investigating of cyber, computer related and crimes. There is provision for the offences in relation to both public and corporate liability and harsher penalties for computers that are used in the public interest that is protected computers. It also covers content related offences

such as criminal libel and obscene publications. Thus this legislation is so enacted to capture perpetrators who commit lottery scams and even credit card fraud. Also it provides remedies to investigate the incidents and present the evidence. These include preservation and production orders and most importantly it enables the criminal court to order damages which would ordinarily be the purview of the civil courts. In this respect it narrows the gap between existing evidence rules and the technology driven form of evidence that arise when internet crimes or crimes committed using computers. However major weaknesses as identified are the inability of the act to determine unauthorised access as persons who has the right to the data can use them for criminal intend as was seen in the case at NHT where persons unlawfully lodge sums of money to other person accounts. The act does not clearly define cybercrimes thus one is still unsure as to the interpretation thereof. In addition topically issued of cybercrimes such as identity theft, hacking or denial of access were not thoroughly covered by the act and these are considered pressing issues on the rise in Jamaica that needs to be incorporated.

REFERENCES Moore, R. (2005) "Cybercrime: Investigating High-Technology Computer Crime," Cleveland, Mississippi: Anderson Publishing. Retrieved from http://www.jamaicaobserver.com/business/Cybercrimes-Act-makes-informationtangible on June 19, 2012