50
modification or impairment of data to commit a serious offence;
unauthorised modification of data to cause impairment; unauthorised
impairment of electronic communication; possession of data with intent
to commit a computer offence (similar to the idea of possessing burglary
tools); supplying data with intent to commit a computer offence;
unauthorised access to restricted data; and unauthorised impairment of
data held in a computer disk, credit card, etc.
7.3.9
An important issue when reviewing legislation to consider whether all
the tools are in place to deal with an emerging electronic environment is
“inappropriate content.” While there may be debate about what exactly
constitutes “inappropriate” content on the Internet, there is general
agreement that such content exists. The concept is also not new, as a
long history of censorship and restrictions to literary texts shows. The
European Union, however, has published examples of illegal or harmful
content that may affect the following interests:
• Matters dealing with national security (e.g., instructions on bombmaking, illegal drug production);
• Protection of minors (e.g., abusive forms of marketing, violence,
pornography);
• Protection of human dignity (e.g.,incitement to racial hatred or other
discrimination);
• Economic security (e.g., fraud, instructions on identity theft);
• Information security (e.g., malicious hacking);
�� Protection of privacy (e.g., unauthorised communication of personal
data; electronic harassment);
• Protection of reputation (e.g., libel, unauthorised comparative
advertising);
• Intellectual property (e.g., unauthorised distribution of copyrighted
works, software or music).49
7.3.10 It should be noted that harmful content may not necessarily be illegal
nor may it be harmful in all circumstances. The protection of minors, for
example, is an important concern in dealing with harmful content and a
similar concern may apply to other media—movies, computer games,
books, photographs, or even highly persuasive advertising. In some
cases, there are also strong competing values of intellectual freedom and
fears of censorship to consider in creating a regulatory regime.
7.3.11 One aspect of control of “inappropriate” content will no doubt be the
application of the Penal Code or other regulatory legislation, such as the
49
European Union, Communication from the Commission, Illegal and harmful content on the
Internet, November 16, 1996; http://www2.echo.lu/legal/en/internet/content/communic.htm