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CYBERCRIME the Challenge in Asia

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CYBERCRIME the Challenge in Asia CYBERCRIME The Challenge in Asia Edited by Roderic Broadhurst and Peter Grabosky f - I ^ f 4 ( R f± HONG KON G UNIVERSIT Y PRES S Hong Kong University Pres s 14/F Hing Wai Centr e 7 Tin Wan Praya Road Aberdeen Hong Kong © Hong Kong University Press 2005 ISBN 96 2 209 735 9 (Hardback ) ISBN 96 2 209 724 3 (Paperback ) All rights reserved. No portion o f this publication may be reproduced or transmitted i n any form o r by any means, electronic or mechanical, including photocopy, recording, o r any information storag e or retrieval system, without prior permission in writing from th e publisher. British Library Cataloguing-in-Publication Dat a Secure On-line Orderin g http://www.hkupress.org Printed and bound by Lammar Offse t Printin g Ltd., Hong Kong, China. Hong Kon g University Pres s i s honoured tha t X u Bing, whose ar t explores the complex themes of language across cultures, has written the Press' s name i n his Squar e Word Calligraphy . Thi s signal s ou r commitment to cross-cultural thinking and the distinctive nature of our English-language books published in China. n "At first glance, Square Word Calligraphy appears to be nothing more unusual than Chinese characters, butin fact it is a new way of rendering English words in the format o f a square so they resemble Chines e characters. Chinese viewers expect to be able to read Square Word Calligraphy but cannot. Western viewers, however are surprised to find they can read it. Delight erupts when meaning i s unexpectedl y revealed." ? — Britta Erickson, The Art ofXu Bing Contents Lists of Tables and Figures vii i Foreword x i Justice K Bokhary, Hong Kong Court of Final Appeal Acknowledgements xii i Contributors x v Abbreviations xxii i 1 - Computer-Relate d Crime in Asia: Emergent Issue s 1 Roderic Broadhurst and Peter Grabosky 2. Th e Global Cyber-Crime Problem: The Socio-Economic Impact 2 9 Peter Grabosky 3. Cyberspac e Governance and Internet Regulation in China 5 7 Kam C Wong and Georgiana Wong 4. Cyber-Crim e and E-Business in China: A Risk Perception 7 9 Perspective Ivan S K Chui ui Content s 5. Governanc e in the Digital Age: Policing the Internet in 8 9 Hong Kong Laurie Yiu Chung Lau 6. Thir d Party 'Responsibilisation' Through Telecoms Policing 10 9 Keiji Uchimura 7. Cyber-Security : Countr y Report on Singapore 12 5 Clement Leong and Chan Keen Wai 8. Cyber-Crim e in the 21st Century: Windows on Australian La w 14 1 Simon Bronitt and Miriam Gani 9. Cyber-Crime : Current Status and Countermeasures in Japan 16 9 Masao Tatsuzaki 10. Cyber-Crim e in India: The Legal Approach 18 3 Pavan Duggal 11. Compute r Crimes : What Everyone Should Know About Them 19 7 K H Pun, Venus L S Cheung, Lucas C K Hui, K P Chow, W W Tsang, H W Chan, C F Chong 12. Cyber-Crim e Legislation in the Asia-Pacific Regio n 20 7 Gregor Urbas 13. La w Enforcement i n Cyberspace: The Hong Kong Approach 24 3 Michael Jackson 14. Internationa l Cooperatio n in Combating Cyber-Crim e in Asia: 26 9 Existing Mechanisms and New Approaches Jeffrey G Bullwinkel 15. Th e Council o f Europe Convention on Cyber-Crime : 30 3 A Response to the Challenge o f the New Age Peter Csonka 16. Huma n Security and Cyber-Security : Operationalising 32 7 a Policy Framework Julie Shannon and Nick Thomas Contents ui i 17. Th e Future of Cyber-Crime in Asia 34 7 Peter Grabosky and Roderic Broadhurst Notes 36 1 References 40 3 Index 419 Contributors Roderic Broadhurst is an Associate Professor, Department o f Sociology, and Senior Fellow, Centre fo r Criminology , the University o f Hong Kong. He is the current Chair of the Hong Kong Society of Criminology, Associate Fellow of the Australian Institute of Criminology and associate editor of the Australian and Ne w Zealan d Journal o f Criminolog y Hi s researc h interest s includ e violence, repeat offending , professiona l delinquency , organise d crim e an d crime in developing countries. Recent work includes editor o f Bridging the GAP: A Global Alliance Perspective on Transnational Organised Crime, Hong Kong Polic e (2003) , an d contribution s t o th e journals Forensic Science International and Criminal Behaviour and Mental Health. He was co-convenor and proceedings edito r o f the First and Second Asia Cyber-Crime Summit s held i n April 2001 and Novembe r 200 3 a t the Universit y o f Hong Kong . ([email protected]. hk) Peter Grabosk y i s a Professor i n th e Researc h Schoo l o f Socia l Sciences , Australian Nationa l University , and a Fellow o f the Academy o f the Socia l Sciences in Australia. His general interests are in harnessing non-govemmental resources i n furtheranc e o f public policy . His publications includ e Cyber Criminals on Trial (with Russell Smith and Grego r Urbas, 2004); Electronic Theft (with Russell Smith and Gillian Dempsey 2001); and Crime in the Digital Age (with Russell Smith, 1998) . He was previously Deputy Director o f the Australian Institute of Criminology. Other appointments include Russell Sage Fellow i n La w and Socia l Scienc e a t Yal e Law School (1976-78) , Visiting xui Contributor s Professor, Institut e o f Comparative La w in Japan, Chuo University (1993) , Visiting Expert , th e Unite d Nation s Asi a an d Fa r Eas t Institut e fo r th e Prevention o f Crim e an d th e Treatment o f Offender s (1995) , and Visitin g Professor, Chines e People' s Publi c Securit y Universit y (1996) . H e wa s Rapporteur fo r the Workshop on Crimes Related to the Computer Networ k at the Tenth United Nations Congres s on the Prevention o f Crime and th e Treatment of Offenders, Vienna, 2000. He is past president of the Australian and New Zealand Societ y o f Criminology , and in 2000 was elected Deput y Secretary-General o f th e Internationa l Societ y o f Criminology . (Peter. Grabosky@anu. edu. au) Simon Bronitt is a Reader in Law and Director of the National Europe Centre at the Australian National University in Canberra. His scholarly interests lie in th e fiel d o f criminal la w and procedure, evidence , criminal justice an d criminology. Hi s research take s a broad interdisciplinar y an d comparativ e perspective, which i s reflected i n hi s recent book , Bronit t an d McSherry , Principles of Criminal Law (Law Book Co, Sydney, 2001). He is a State Editor of the Criminal Law fournal an d an Associate o f the Australian Institut e o f Criminology. Jeffrey G Bullwinkel graduated from Duke University with a Bachelor of Arts degree (cu m laude) an d received his law degree from Ne w York University (cum laude) . H e is a member o f the Ne w Yor k State Bar . He is presentl y Microsoft Corporation's Director of Corporate Affairs for the Far East Region, including Greater China, Japan, and Korea. Based in Hong Kong, he oversees a broad range of the company's activities in the region relating to the protection of intellectual property rights, as well as initiatives focused on building a safer and trustworth y computin g environment . H e also participates activel y i n industry association s devote d t o increasin g internationa l protectio n o f trademarks an d copyrigh t works , including th e International Intellectua l Property Association, th e Internationa l Anti-Counterfeitin g Coalition , th e Quality Brands Protection Committee and the Business Software Alliance. In addition, he is an active member of the American Chamber of Commerce in Hong Kong. He has served as chairman of the Chamber's Intellectual Property Committee since January 2002 and was elected to the Board of Governors in December 2002. Prior to joining Microsoft, he was a federal prosecutor with the Office o f International Affairs, Criminal Division, United States of America Department of Justice and, was responsible for matters relating to international criminal la w enforcement , includin g negotiatin g bilatera l treatie s an d multilateral convention s o n internationa l cooperatio n i n criminal matters , Contributors xui i and providin g advic e o n international la w t o th e Offic e o f th e Attorne y General. Chan Kee n Wa i wa s formerl y th e Directo r o f Infocomm Securit y a t th e Infocomm Developmen t Authority (IDA ) of Singapore. Clement Leong is a senior consultan t a t IDA . The ID A develops, promotes and regulate s info - communications in Singapore, with the aim of establishing Singapore as one of th e world' s premie r infocom m capitals . T o nurture a n internationall y competitive infocom m industry , th e ID A offer s a comprehensive rang e o f programmes an d scheme s fo r both loca l and international companies . Fo r more information, visi t www.ida.gov.sg. Ivan S K Chiu obtained his B A (Hons) fro m Hon g Kong Baptist University and his M A and MPhil in Social Science from th e Hong Kong University of Science and Technology.
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