EURIM describes itself as the all-party, pan-industry lobby
where the politics of the information society and e-commerce are
discussed across political, organisational and national boundaries
prior to public debate.
In a briefing paper released today, the group argues that, while
hacking, porn and other cybercrimes make headlines, real damage is
being done by electronically assisted conventional crime.
EURIM defines electronic crime, or e-crime, as any criminal
activity that involves the use of computers or networks in its
execution, encompassing the terms cybercrime, hi-tech crime,
computer crime and internet crime.
According to its paper:
“If a supermarket is burned down, the police
investigate and the judge will be severe. If an e-business is
similarly destroyed, the police rarely afford it the same attention
and experience. If business collects the evidence, the Crown
Prosecution Service will show considerable caution in pursuing the
case and, if it does, the judge may well give only a trivial
sentence because nothing tangible was actually stolen.”
It continues:
“Laws often prevent prosecution of familiar
crimes if committed by electronic means. Ill-conceived legislation
is being heavily promoted although it fails to address the real
issues, such as electronically assisted fraud, impersonation and
theft, while creating unrealistic demands on industry to support
law enforcement in areas where the costs, responsibilities and
liabilities have not been thought through.
"This Briefing outlines what EURIM considers
needs to be done to make the UK the best and safest place to do
business in the new electronic world."
The paper cautions against the creation of new legislation,
instead calling for greater co-operation among industry, consumer
groups, law enforcement and others, to develop a common strategic
approach to e-crime, to create a coherent legal environment and to
make better use of scarce resources.
EURIM’s recommendations include:
- The Home Office should co-ordinate constructive dialogue among
industry, consumer groups, civil liberties groups, law enforcement
agencies, local government and central government departments -
developing an agreed national strategy.
- The Law Commission should review existing UK legislation to
establish what changes are needed as a matter of priority to ensure
that e-crimes can be prosecuted effectively. EURIM cites the
Computer Misuse Act of 1990 as one Act in need of updating.
- The Home Office should encourage direct industry involvement in
the development of global initiatives to fight e-crime (including
those in G8, OECD, Council of Europe and EU).
The EURIM paper follows the adoption by the European Commission
on Friday of a proposal for a new law against cybercrime. If
passed, it would harmonise laws that deal with hacking, viruses and
denial of service attacks, crimes which are difficult to deal with
under the UK’s Computer Misuse Act. The proposal seeks
implementation in Member States by 31st December 2003.