Part three consists of five chapters and addresses some of the contemporary top-
ics in the context of CC/CT such as Big Data and social media, considering these in
the framework of LEAs environment. It explores and informs the reader on the wider
facets of CC/CT which remain important contextual elements for all cyber investiga-
tors’ understanding of their operating environment.
The three parts of the volume can be considered independently, and each chapter
can also be considered and used independently but collectively, they provide the
practitioners with a holistic view of the operational challenges of contemporary CC/
CT. This new volume shall be accompanied by additional online learning support
materials which will provide the reader with up-to-date resources, so they can stay
informed on issues related to CC/CT.
This new contribution to CC/CT knowledge shall be a welcome introduction to
the resource library of LEAs and security professionals, following a multi-disciplinary
philosophy, being supported by leading experts across academia, private industry, and
government agencies. The
Cyber Crime and Cyber Terrorism Investigators’ Handbook
juxtaposes practical experience and, where appropriate, policy guidance, with academic
commentaries and technical advice to illustrate the complexity of cyber investigations.
The reading of this volume shall ensure all security practitioners are better informed to
carry out their CC/CT investigative responsibilities to protect the citizens they serve.
CHAPTER
1
1
Cyberspace: The new
frontier for policing?
Fraser Sampson
Published in 2011, the UK Cyber Security Strategy states that:
Our vision is for the UK in 2015 to derive huge economic and social value from
a vibrant, resilient and secure cyberspace, where our actions, guided by our core
values of liberty, fairness, transparency and the rule of law, enhance prosperity,
national security and a strong society.
That the United Kingdom even has a cyber security strategy is telling. Governments
and their agencies—not only in the United Kingdom but worldwide—have struggled
to distinguish criminality that specifically relies on the use of the hyper-connectivity
of global information technology from “ordinary” crime that is simply enabled by
using information and communication technology. Despite legislative interventions
such as the Council of Europe Convention on Cybercrime (for an analysis of which
see
Vatis, 2010
, p. 207) in 2001, cyberspace remains a largely unregulated jurisdic-
tional outpost.
The first piece of criminal legislation to address the use—or rather the misuse—of
computers in the United Kingdom was enacted in 1990. The recital to the Computer
Misuse Act 1990 states that it was an act “to make provision for securing computer
material against unauthorized access or modification; and for connected purposes.”
This narrow, pre-Internet focus was very much predicated on the concept of a com-
puter as a functional box (or network of boxes) containing “material” that required
protection (
Sampson 1991a
, p. 211). Although the Act addressed unauthorized
access, the concept of causing a computer to perform a function in furtherance of
other crimes was also a central part of the new legislation (
Sampson, 1991b
, p. 58)
which, for the first time in the United Kingdom, sought to catch up with computer
technology that was becoming part of people’s everyday lives—a race in which
the legislative process did not stand a chance.
While the legislation was amended in 2006 with the introduction of a new crimi-
nal offence of unauthorized acts to impair the operation of a computer or program,
etc., looking back through today’s digital prism, the legislation has a decidedly ana-
log look to it. When the legislation came into force we had little idea of the impact
the “information super-highway” would have on our everyday lives, still less the
engrenage effect of social media.
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