It is the responsibility of each Client to read and understand this legal notice and the terms and conditions pursuant to which an acquisition of financial contracts via this site is governed.
The Link to prezi cyber-crime: https://prezi.com/eb3rktzzlu4j/edit/#4_95982358
Issues surrounding security, the risks of T&C’s
Electronic Transaction
Some federal, state and territory governments encourage the adoption of electronic commerce by enacting and enabling legalisation. In Australia many bills and acts have been passed to resolve legal issues and make electronic transaction more authenticated, such as the Electronic Transaction Act (ETA)[3].
Privacy & Security
While shopping on the Internet, most people typically do not think about what is happening in the background. Web shopping is generally very easy. We click on a related site, go into that site, buy the required merchandise by adding it to our cart, enter our credit card details and then expect delivery within a couple of days. This entire process looks very simple but a developer or businessmen knows exactly how many hurdles need to be jumped to complete the order. Customer information has to pass through several hands so security and privacy of the information are a major concern.
Copyright & Trademark
Many attempts have been made to address the issues related to copyrights on digital content. E-commerce has a tremendous impact on copyright and related issues, and the scope of copyrights is affecting how e-commerce evolves. It is essential that legal rules are set and applied appropriately to ensure that digital technology does not undermine the basic doctrine of copyright and related rights. From one perspective, the Internet has been described as "the world's biggest copy machine" [7].
Online Terms, Conditions, Policies and Laws
At the moment, most online privacy policies are produced by private businesses for individual companies. Governments are developing legislation to support and strengthen the privacy protection measures of many businesses. These initiatives are aimed at regulating the storage, use and disclosure by businesses of personal information.
Privacy legislation is designed to protect a person's personal information. The privacy laws of their host country affect overseas companies. Every organisation should be very careful while applying terms and conditions for the electronic transaction for Internet users. Privacy and security policies not only reflect the organizations practice but also the rules and regulations for doing business with the company. Major issues regarding the legalization of electronic transactions include the following.
— Ensure proper online contracts.
— Record retention obligations.
— Original documentation, in terms of TAX and VAT requirements.
— Import/export regulations.
— Exchange control regulation.
— Foreign data protection law.
E-Business and Legal Issues
The technological basis of e-commerce is basically Web client/server middleware, or what is called three-tier architectures. The client tier is the Web browser involving some type of form processing. The middle tier is the Web server, often with transaction processing. The Web server in turn links to the third tier, a database processing the order information. Some of the issues are strictly Internet-related, such as domain names and trademarks, linking and framing, clickware (and shrinkware), and metatag use. Others are traditional issues applied to the Internet, such as copyright, contracts, consumer protection, privacy, taxation, regulated industries and
Conclusion
Most of the legal issues surrounding electronic commerce are not new. Lawyers should, however, be able to recognise the increased significance of certain legal issues to the online environment. In understanding the technical, contractual, intellectual property and regulatory issues, which have enhanced importance in the new economy, the lawyer is well placed to assist clients in pro-actively minimising their exposure to legal liability
Different types of cyber-crime
1. THEFT OF TELECOMMUNICATIONS SERVICES The "phone phreakers" of three decades ago set a precedent for what has become a major criminal industry. By gaining access to an organisation's telephone switchboard (PBX) individuals or criminal organisations can obtain access to dial-in/dial-out circuits and then make their own calls or sell call time to third parties (Gold 1999). Offenders may gain access to the switchboard by impersonating a technician, by fraudulently obtaining an employee's access code, or by using software available on the internet(Tendler and Nuttall 1996).
2. COMMUNICATIONS IN FURTHERANCE OF CRIMINAL CONSPIRACIES Just as legitimate organisations in the private and public sectors rely upon information systems for communications and record keeping, so too are the activities of criminal organisations enhanced by technology. There is evidence of telecommunications equipment being used to facilitate organised drug trafficking, gambling, prostitution, money laundering, child pornography and trade in weapons (in those jurisdictions where such activities are illegal)(Grant, David and Grabosky 1997).
3. TELECOMMUNICATIONS PIRACY Digital technology permits perfect reproduction and easy dissemination of print, graphics, sound, and multimedia combinations. The temptation to reproduce copyrighted material for personal use, for sale at a lower price, or indeed, for free distribution, has proven irresistable to many. This has caused considerable concern to owners of copyrighted material. Each year, it has been estimated that losses of between US$15 and US$17 billion are sustained by industry by reason of copyright infringement (United States, Information Infrastructure Task Force 1995, 131).
4. ELECTRONIC MONEY LAUNDERING AND TAX EVASION For some time now, electronic funds transfers have assisted in concealing and in moving the proceeds of crime. Emerging technologies will greatly assist in concealing the origin of ill-gotten gains. Legitimately derived income may also be more easily concealed from taxation authorities(Wahlert 1996).
5. ELECTRONIC VANDALISM, TERRORISM AND EXTORTION As never before, western industrial society is dependent upon complex data processing and telecommunications systems. Damage to, or interference with, any of these systems can lead to catastrophic consequences. Whether motivated by curiosity or vindictiveness electronic intruders cause inconvenience at best, and have the potential for inflicting massive harm (Hundley and Anderson 1995, Schwartau 1994).
6. ILLEGAL INTERCEPTION OF TELECOMMUNICATIONS Developments in telecommunications provide new opportunities for electronic eavesdropping. From activities as time-honoured as surveillance of an unfaithful spouse, to the newest forms of political and industrial espionage, telecommunications interception has increasing applications. Here again, technological developments create new vulnerabilities. It has been reported that the notorious American hacker Kevin Poulsen was able to gain access to law enforcement and national security wiretap data prior to his arrest in 1991 (Littman 1997).
7. ELECTRONIC FUNDS TRANSFER FRAUD Electronic funds transfer systems have begun to proliferate, and so has the risk that such transactions may be intercepted and diverted. Valid credit card numbers can be intercepted electronically, as well as physically; the digital information stored on a card can be counterfeited(Denning 1999, 55).
References
1. Bond, Robert, "International Legal Issues of E-Commerce" Legal Updates, http://www.faegre.com, 2003.
2. Sayer, Peter and Deveaux, Sarah, "Jurisdiction in Cyberspace" IDG News Service Friday, July 28, 2000 see also http://www.pcworld.com
3. Western Australia Dept of Industry and Resources, http://www.law.gov.au/www/securitylawHome.nsf/
4. McGinty, Jim, http://www.ministers.wa.gov.au
5. Barr, David D. "The Need of a Broad Standard in Global E-Commerce" The Internet Law Journal, Dec. 26, 2000
6. "Law, Ethics and Cyber Crime" Prentice Hall 2003
7. "Its the World's Biggest Copy Machine," PC Week, January 27, 1997.
8. "Intellectual Property on the Internet", A survey of issues. [Copyrights and Related Issues], http://ecommerce.wipo.int/survey/
9. Greenspan, Robyn "Downloaders Disregard Legal, Copyright Issues", http://www.internetnews.com, August 1, 2003.
10. Shoniregun, C.A., "Intellectual Property Rights of Multimedia Enriched Websites", Communication of the ACM: Ubiquity, Volume 3, Issue 37, Oct 29. (2002).
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