Student Number- 11732 Cyberspace, the environment in which electronic communication occurs or simply, the culture of the internet-

a global network of interconnected computer networks that allows users to obtain and share information. As the development of this parallel universe continues to rapidly increase, it gives rise to issues that have never previously been engaged in legal and community discussions. With over 1.5 billion internet users around the world, Cyber Crime is a matter of which governments are continually facing new challenges in creating updated laws that concern the scope of new technology. There are numerous legal implications that have impact on the individual, state and society in relation to Cyber Crime. Cyber crime involves criminal and civil wrongs within the cyberspace that can be classified into familiar categories. One of these areas includes hacking- unauthorised access to data held in a computer or computer system, or changing or interfering with electronic communication between computers. As cyber technology evolves it poses numerous challenges for legal regulations including the protection of individual rights. The role of the law in regulating such technology has great importance as it continues to be updated as the cyberspace world continues to expand. The Cybercrime Act 2001 (Cth) amended the Criminal Code 1995 (Cth), as well as the Crimes Act 1914 (Cth). The 2001 case (R v Boden [2002] QCA 164) saw a former employee of a company hack into the councils computer system breaching s 408D of the Criminal Code 1899 (QLD) which prohibits unauthorised use of identification information for the purpose of committing an indictable offence, however because this legislation was not specifically related to computer hacking the convictions were set aside. This is an example of how the government is continually updating and improving laws for society in correspondence to the never ending growth and development of technology. This change is considered to be affective as the needs of society have been met where by peoples online safety has advanced and is seen to be more secure. When creating legislation governments ensure that the rights of individuals are balanced with the needs of the state for a successful outcome. As Cyberspace has become a global system lacking national boundaries and endless limits of communication, it is believed that there can be difficulties with law enforcement. Cyber Crime can be linked to concerns relating to internet fraud- the intentional misrepresentation or concealment of information in order to deceive or mislead. This can occur in a number of ways and may be perpetrated through the use of fake websites. In the case Australian Competition and Consumer Commission v Chen [2002] FCA 1248, the ACCC required declarations from the Federal Court that a foreigner Richard Chen had breached key provisions of the Trade Practices Act 1974 (Cth) prohibiting conduct likely to mislead or deceive consumers. The Federal Court granted the declarations as well as an injunction requiring Chen to remove the websites he has created and to stop operating misleading and deceptive websites. Here the laws that have been involved favour the needs of society in protecting their rights and ensuring that the matter will result in fairness on behalf of both parties. Justice has been achieved in the way of which Australian citizens have been guaranteed protection from the websites in the future and that Richard Chen can no longer benefit from his false attributions which as a result meets the needs of society as a whole. Highlighting the effectiveness of accessibility, the following media report demonstrates the significance of the relationship between Justice, law and society. Released by the Australian Federal Police on Tuesday May 31 2011, the report supports National Cyber Security Awareness Week, warning Australian internet users to improve their online security. Criminals target private and

Student Number- 11732 confidential information which can be used to facilitate a range of criminal activities, Assistant Commissioner Gaughan said. The collection of this personal information can allow potential criminals to build profiles and use methods to target victims, including email, instant messaging and SMS. Some helpful tips on improving online security that the report included were; Install and renew security software, think before you post financial or personal information, use strong passwords as well as talk within your family about good online safety. National Cyber Security Awareness Week running 30 May to 3 June is an Australian Government initiative, held annually in partnership with industry, community and consumer groups and state and territory governments. In order to control Cybercrime of all kind, there is a need for enforceable laws. Cyberspace is a new and exciting development in society with many beneficial elements, however arguably there are people who abuse its opportunities in the absence of external authority. As technology continues to advance, laws must also be regularly updated to cater for its ongoing development. Where justice is achieved, the rights of the individual and needs of society are met disregarding the legal implications of the use of technology.