UK Government failing on electronic crime, say lobbyists

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.