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Computer Crimes and Digital Investigations, by Ian Walden
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Computer and network-based crime is a rapidly growing phenomenon and problem for individuals, organizations and society as a whole -- whether in the form of viruses or the distribution of child pornography. There is a broad governmental recognition of the vulnerability of society to attacks against critical infrastructure, which includes computer and communications systems. As a consequence, governments have placed computer crime laws high on the political agenda.
This text provides a comprehensive legal analysis of the substantive and procedural rules relating to computer crime, and offers a clear explanation of the relevant technical aspects of computer crime -- from types of attacks launched through to forensic techniques. The text places computer crime firmly in its international context, through comparative discussion of laws in other jurisdictions, international harmonization initiatives, and mechanisms for co-operation between law enforcement bodies in different jurisdictions.
- Sales Rank: #7550957 in Books
- Published on: 2007-04-09
- Original language: English
- Number of items: 1
- Dimensions: 6.70" h x 1.30" w x 9.80" l, 2.35 pounds
- Binding: Hardcover
- 534 pages
Review
An invaluable companion, not least because it largely delivers what it says on the cover David S Wall, King's Law Journal
About the Author
Ian Walden is Professor of Information and Communications Law and Head of the Institute of Computer and Communications Law in the Centre for Commercial Law Studies, Queen Mary, University of London. He is also a solicitor and Of Counsel to Baker & McKenzie.
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‘A BOOK OF REFERENCE ON CRIME WITH A CYBERSPACE FILTER’ –- NOW IN A NEW EDITION
By Phillip Taylor MBE
‘A BOOK OF REFERENCE ON CRIME WITH A CYBERSPACE FILTER’ –- NOW IN A NEW EDITION
An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers
There appear to be certain lofty members of our profession including (rather astoundingly) a few members of the judiciary who still think cyberspace is something of a space oddity. They should only read this book.
Aimed specifically at the criminal law fraternity, Ian Walden’s ‘Digital Crimes and Digital Investigations’ will nonetheless be of interest to all lawyers who inevitably will have to deal with ‘high tech’ crime issues. In providing an overview of this indubitably vexed subject, this book, now in a new second edition, makes an important contribution to the still relatively scarce body of literature concerning this specialised area of law.
The first edition was published – would you believe – nine years ago. And in case there are still a number of practitioners and judges out there who need reminding, the Internet was long past its infancy even then, having been in widespread use at the time for at least ten years. Recently published by the Oxford University Press, the book provides an important update which will certainly be welcomed by criminal practitioners.
As the title indicates, the focus is on computer crime, more commonly referred to as ‘cyber-crime’ – a phenomenon facilitated by the ever-developing technologies of computer connectivity – i.e. the Internet. Now ubiquitous and almost instantly available, the Internet in the author’s words, has become ‘a key resource of the global economy.’ Largely unregulated (except in totalitarian states) the Internet has also become a key resource for assorted criminals and terrorists.
Author Ian Walden, who hails from Baker McKenzie and teaches an LLM course entitled ‘International Cybercrimes and Investigations’, mentions that the clients with whom he has had dealings, have exposed him to issues and insights that are not normally available to academics. He has also been a board member of a number of institutions concerned with Internet scrutiny, particularly on Internet safety.
The book, he says, may be viewed simply as a criminal law text’ ‘operating as a filter through which we can examine the whys and wherefores of criminal law and policy.’ It can be regarded as a computer crime book, or ‘a book on crime with a cyberspace filter’ -- in short, a book which focuses specifically on crime, as opposed to other aspects of internet usage such as contracts, trademarks, domain names and the like, not to mention ordinary communications.
As the author also remarks, it is obvious that computers ‘may play a part in the commission of nearly every form of criminal activity, from fraud to murder.’ The subject area is so wide that large chunks of it go beyond the scope of this book. The author therefore turns our attention to problems where computers and networks are involved, ‘either,’ he says, because ‘the legislation was drafted in an era before such technology was envisaged, or because statutory drafting has failed to be robust enough to appropriately address the use of information computer technologies (ICT).’ And there, fellow lawyers, lies the crux of the problem.
This is indeed a massive subject and those who crave further information on it will find research references aplenty in this book, including tables of cases, legislation and international treaties and conventions. Also note the four appendices, extensive footnoting and the ten-page bibliography.
Based on recent developments in digital and the current pace of change, it is anticipated that further editions of this distinguished and accessible work of reference will appear in the future, ideally at more frequent intervals.
The publication date is cited as at 2016.
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