47 • Botswana must have the technical capacity and resources to combat international and domestic cyber-crime, including trained, dedicated experts with appropriate legal authority and mandate. 7.3 7.3.1 Discussion: The concept of “cyber-crime” covers a wide area of activity, from intrusion into personal affairs and endangerment of privacy by hacking or computer harassment to computer-specific economic crimes, such as computer manipulations, computer sabotage, computer espionage, and software piracy. Generally, cyber-crime can be divided into two broad areas—one where a computer or computer technology is used in the commission of a more traditional crime (such as theft, fraud) and one where the crime is intrinsically related to the computer or computer technology (such as the introduction of a virus, altering data or hacking). The lines are not hard and fast, of course, since hacked information can be used for fraud, theft or extortion. 7.3.2 In addition, the Internet provides new means of communicating unacceptable content, such as racist or pornographic images (discussed below). The previously unforeseen speed and breadth of communication permitted by computers adds a new dimension to otherwise unacceptable but previously limited behaviour, such as invasion of privacy through dissemination of confidential or embarrassing information or images, such as compromising photos of ex-spouses. There are also now new forms of unacceptable behaviour, such as cyber-stalking and harassment43 and an increasing concern about “identity theft.” A report of the United Nations Commission on Crime Prevention and Criminal Justice noted: “The field of high-technology and computer-related crime continues to be characterized by rapid evolution on the part of offenders, preventive, legislative and law enforcement efforts and the underlying technologies themselves. …Legislative reforms included the creation of new offences, the expansion of existing offences and the modernization of investigative powers such as search and seizure and wiretapping authority to deal effectively with crime in the new electronic environments.” 44 43 For example, someone may post an internet notice seeking partners for a particular (unusual) sexual act, listing the victim’s name and home telephone number. There is no direct contact between the harasser and the victim, yet the reputational damage and inconvenience to the victim may be considerable. 44 “Effective measures to prevent and control computer-related crime,” 29 January 2002, E/CN.15/2002/8

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