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Challenges to Criminal Law Makers

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Challenges to Criminal Law Making in the New Global Information Society:
A Critical Comparative Study of the Adequacies of Computer-Related Criminal Legislation in the United States, the United Kingdom and Singapore

Warren B. Chik*

Introduction

Computer and Internet usage is on the rise due to lower costs of computer ownership and connectivity as well as faster and easier accessibility. As it is another mode of commercial and personal transaction and one that is heavily dependent on interaction through computers and automatic agents rather than face-to-face meetings, which increases distance and allows anonymity, it is another avenue for crimes to perpetuate.

“Computer Crime” encompasses crimes committed against the computer, the materials contained therein such as software and data, and its uses as a processing tool. These include hacking, denial of service attacks, unauthorized use of services and cyber vandalism. “Cyber Crime” describes criminal activities committed through the use of electronic communications media. One of the greatest concerns is with regard to cyber-fraud and identity theft through such methods as phishing, pharming, spoofing and through the abuse of online surveillance technology. There are also many other forms of criminal behaviour perpetrated through the use of information technology such as harassment, defamation, pornography, cyber terrorism, industrial espionage and some regulatory offences.

The existing criminal laws in most countries can and do cover computer-related crimes or electronically perpetrated crimes. Offences against the computer are relatively new as they arise from and in relation to the digital age, which threatens the functionality of the computer as an asset of a borderless information society. New laws are required in order to nurture and protect an orderly and vibrant digital environment. Offences

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