botnet infections, considering widening enforcement powers to include seeking information on
care and protection matters, considering whether we need an offence of unlawful possession of
stolen data, reviewing the crimes involving computers provisions in the Crimes Act and the role of
the Internet in funding or supporting organised criminal or terrorist groups.
Elements of New Zealand’s policy and legal frameworks will be tested to see whether they
need amendment to permit further preventative operational activity. Covert work currently
plays an important role in investigating and preventing the online exploitation of children. Many
criminal networks online rely on trust and confidence to operate so there may be opportunities to
enhance a proactive approach to preventing cybercrime or responding to offenders.
MEETING TRANS-BOUNDARY CHALLENGES
Most cybercrime is perpetrated from outside New Zealand. Criminals exploit the differences
between countries and evidence relating to a criminal act may sit in multiple locations.
The government will work with partners (including multinational companies) to meet the challenges
raised by extraterritorial jurisdiction. Cybercrime often means that law enforcement needs to
operate swiftly across many jurisdictions and to access information under many different legal
and political regimes. This challenges our traditional notions of sovereignty and jurisdiction – and
the issue will not be resolved by one state alone. Exploring accession to the Council of Europe
Convention on Cybercrime is an important first step, as is working with companies to ensure that
law enforcement and security agencies have lawful access to data.
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National Plan to Address Cybercrime 2015