The Response of the Criminal Law in Australia to Computer Abuse
Clare Sullivan · SSRN Electronic Journal · 1988
Computer abuse is any illegal, unethical or unauthorised behaviour relating to the automatic processing and transmission of data.It is an inherently vague concept, due primarily to the range of devices which can be classified as computers. Because it is difficult to comprehensively define computer abuse, its national and international extent cannot be established.The situation is compounded by a reluctance to publicise its incidence. Police consider only 10 per cent is revealed. Authors of a recent OECD report estimate that 75–80 per cent of computer related crime remains unreported. In Australia, as in other countries, there is a marked lack of official statistics. One estimate suggests 900 computer crimes a year are committed in this country. It is thought that computer related crime has cost the Australian community between $A80m.–200m. Annual losses are estimated at $40m. Statistics may be criticised on empirical grounds and estimates dismissed as reflecting apprehension rather than reality. Nevertheless, opportunities for abuse causing not only monetary loss but more serious consequences exist and can be expected to increase as the technology becomes entrenched. Clearly, computer abuse presents a current and potential challenge for the law in Australia and overseas.This article examines recent and proposed amendments to the criminal law in Australia to deal specifically with computer abuse.