UK Home >  OUT-LAW News >  News Archive >  2008 >  July 2008 >  Peers call for cybercrime shakeup (again)

Peers call for cybercrime shakeup (again)

OUT-LAW News, 09/07/2008

Peers are calling for a reversal of rules that stop UK victims reporting cybercrimes directly to the police. The House of Lords science committee is also encouraging the government to introduce a data breach notification law.

By John Leyden for The Register. This story has been reproduced with permission.

A follow-up report on personal internet security by the committee of peers also calls for legislation to ensure that banks are held responsible for losses caused as a result of electronic fraud. The three recommendations are the main findings from a second round of hearings on the issue of internet security carried out be the peers.

The government failed to take on board the recommendations that came out of the peers' first set of hearings last year, but the fallout from the HMRC data loss debacle has brought the importance of internet security into focus for government ministers, two of whom appeared before the committee during its second round of hearing.

Round two

Security experts criticised government officials for ignoring recommendations in the initial report, published last August. Since then, and after the November data loss by the HMRC, ministers took on board some of the proposals, including moving towards a code of conduct for ISPs and kite-marking websites.

These were some of the minor points in the initial report. Disagreements remain on cybercrime reporting and the liability of banks for online fraud.

Their Lordships' second report renews a call for the government to do more to protect the public cybercrimes such as identity theft scams and auction fraud.

The government maintains that the Banking Code offers enough protection for customers. The latest House of Lords report argues that banks often refuse to refund customers in cases where a PIN or password is used in an online fraud.

The committee heard evidence that the Financial Services Ombudsman and the courts are unable to offer redress from customers in these circumstances, prompting the Lords to argue that laws need to be enacted that push the balance back in favour of the consumer. Holding banks statutorily responsible for phishing and skimming fraud would encourage them to improve e-commerce security, peers argue.

Richard Clayton, a computer security researcher at the University of Cambridge and expert advisor to the committee, backed this recommendation: "Banks choose the security mechanisms and how much effort they put into detecting patterns of fraud, so they should stand the losses if these systems fail. Holding individuals liable for succumbing to ever more sophisticated attacks is neither fair, nor economically efficient."

The Committee's second report, published on Tuesday, also repeated its call for an overhaul in e-commerce reporting procedures. It stated that requiring victims of fraud to report it to their banks rather than to the police is leading to under-reporting of e-crime.

"It is also vital that the victims of e-crime can report crime directly to the police. If you were robbed in the street you would expect the police to recognise it as a crime and try to catch the person responsible. If you are a victim of online fraud, you should be entitled to the same protection," said Lord Sutherland of Houndwood and chairman of the Lords Science and Technology Committee.

© The Register 2008

Disclaimer: We hope you find OUT-LAW’s content useful. It’s prepared by the lawyers at Pinsent Masons. Please remember, though, that it’s intended as general information only. It’s not legal advice. If that’s what you’re seeking, please contact us. See also: our full disclaimer

 

OUT-LAW Recommends

This week's podcast
Bribery law extended

Advert: Pinsent Masons works with forensic accountants to help you to manage the costs of litigation. Our approach is called Reaching Solutions.
UK Home | 
2010 | 
2009 | 
2008
2007 | 
2006 | 
2005 | 
2004 | 
2003 | 
2002 | 
2001 | 
2000 | 
Fun | 

 

Pinsent Masons named Legal Firm of the Year 2009 at Finance Directors' Excellence Awards

OUT-LAW star: link to the home page
Disclaimer: This was printed from OUT-LAW.COM, a service of international law firm Pinsent Masons. We hope you find this content useful. However, please note that nothing in this document constitutes specific legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter. Any questions, please email info@out-law.com.