PRIORITY ACTION 2 Adapt New Zealand’s policy and legislative settings for the digital age Alongside increased capability, law enforcement and the national security agencies need appropriate and effective powers to investigate cybercrime. New Zealand’s legislative and policy settings must adapt to new technologies and balance security and privacy. Rapid changes require a technologyneutral framework; at the same time, the global nature of cybercrime poses a challenge to traditional thinking about borders and jurisdiction. This area of work will be successful when New Zealand’s legal framework supports a rapid and effective response to cybercrime. LEGISLATIVE REFORM ALREADY UNDERWAY In recognition of these challenges and other issues, legislative reform is underway in a number of related areas. In 2014, following a report from the Law Commission, Cabinet agreed to the Ministry of Justice undertaking work to update New Zealand’s privacy laws. Advances in technology since 1993 have dramatically changed how personal information is collected, stored and shared. Reform of the Privacy Act 1993 will emphasise identifying and addressing risks before privacy breaches can occur. The Law Commission is currently undertaking a review of the Extradition Act 1999 and the Mutual Assistance in Criminal Matters Act 1992. These Acts frame New Zealand’s response to requests from foreign governments in the investigation and prosecution of crime. The review is based on the effects of technological change, alongside other developments in the international context, such as globalisation, increasing mobility and transnational crime. The New Zealand Customs Service is in the process of reviewing the Customs and Excise Act 1996. The intent of the review is to ensure that the Act is flexible and permits Customs to undertake their border protection role using new technology and operating methods. In response to rising concerns about the harmful effects of cyberbullying on young people, the Harmful Digital Law enforcement needs Communications Act was passed in July 2015. Under to operate swiftly across previous laws, it could be difficult for victims to deal with many jurisdictions. harmful digital communications – for example, trying to remove abusive, intimidating and distressing material from the Internet could be difficult, drawn out and costly. Also, few sanctions were available to aid such efforts and to hold offenders to account. The Act is intended to prevent harm and provide victims with quick and efficient redress. The Act has created a range of measures to address damaging electronic communications spread through methods such as emails, texts and social media posts. DEVELOPING A BETTER UNDERSTANDING OF OUR LEGISLATIVE NEEDS The Law Commission reviewed ‘computer crime’ in 1999. The drafting of legislation is technology neutral, but given technological and global developments, since then there may be a need to update or amend it. Elements of New Zealand’s legislative framework will be tested to see whether amendment to effectively prevent, investigate and respond to cybercrime is required. This would be a targeted review. Examples may include amending section 252 of the Crimes Act to permit Police to remove National Plan to Address Cybercrime 2015 11