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