MyCRA Specialist Credit Repair Lawyers

Tag: Cybercrime Legislation Amendment Bill 2011

  • Australia has new privacy legislation to fight worldwide cybercrime

    New laws passed the Senate yesterday changing Australia’s privacy legislation to bring us in line with other countries and pave the way for Australia to accede to the Council of Europe Convention on Cybercrime – effectively allowing Australia to work alongside other countries to share and access information to aid in investigations of cybercrime. We look at the implications for this new bill, and the benefit in investigating fraud cases which can not only lead to loss of monies but negatively impact the victim’s credit file.

    By Graham Doessel, Founder and CEO of MyCRA Credit Rating Repairs and www.fixmybadcredit.com.au.

    We have been following the passage of this Bill through Parliament for over 12 months, since its introduction into the House of Representatives in June. See http://mycra.com.au/blog/2011/06/government-brings-laws-war-cyber-crime-identity-theft/ and http://mycra.com.au/blog/2011/11/bill-fight-global-cybercrime-coming-year/ and looking at the possible impact these changes could have on identity theft numbers.

    The Cybercrime Legislation Amendment Bill 2011 amends the Mutual Assistance in Criminal Matters Act 1987, the Criminal Code Act 1995, the Telecommunications (Interception and Access) Act 1979 and the Telecommunications Act 1997.

    The Government amended the Bill in the Senate to address some of the recommendations made by the Joint Select Committee on Cyber-Safety, including privacy protections and aspects of the provision of assistance to foreign agencies. The Government has agreed in principle with 12 of the Committee’s 13 recommendations.

    The passing of the Bill means Australia is one step closer to acceding to the Council of Europe Convention on Cybercrime, meaning it would join 34 other nations that have already become a party to the Convention. The Convention is the first international treaty on crimes committed via the Internet and other computer networks, dealing particularly with computer-related fraud, child pornography and violations of network security.

    Attorney-General Nicola Roxon said in a statement to the media yesterday that the Convention will help make it easier for police to track down cyber criminals around the world.

    “In particular, this will help combat criminal offences relating to forgery, fraud, child pornography, and infringement of copyright and intellectual property.

    “The Convention promotes a coordinated approach to cybercrime by requiring countries to criminalise these computer related offences. The Convention also establishes procedures to make investigations more efficient to improve international cooperation,” Ms Roxon says.

    Privacy Protection or Privacy Invasion?

    One well publicised change to Privacy Law will be the increase in police powers of surveillance. Police will be able to enforce the retaining of data by internet service providers on persons of interest even before they have an arrest warrant.

    Whilst these legal changes are widely approved, some raised concerns during a Senate inquiry into online privacy that this part of the law threatens the Privacy of individuals and threatens human rights and civil liberties.

    There are so many reports that the world is effectively chasing the tail of cybercriminals – the extent of which is far-reaching and difficult to combat. Australia is reportedly now a prime target for fraud with many accounts of scams, bugs, phishing attacks etc etc often instigated from overseas shores.

    To find out more about how we as ordinary Australians fit into the cyber-crime puzzle, you can read our blog post about the ‘Dark Market’: http://mycra.com.au/blog/2011/09/insight-%e2%80%98dark-market%e2%80%99-cyber-crime-underworld/.

    And often by the time people know they have had fraud committed against them the dust has long settled on any trace.

    But the effects can be felt for years by their victims, especially if the fraudsters are able to steal an identity, and take credit out in their victim’s name. The victim is then not only faced with a mountain of debt, and a series of defaults against their credit file. Both of which are not easy to recover from. They have to prove it wasn’t them that initiated the debt – pretty hard when there is no actual ‘perpetrator’ that anyone can see.

    For the sake of people in this situation, and victims of other cybercrimes – in particular, child pornography which is possibly more rampant, more damaging and more difficult to investigate – we need to get united as we are on the Web.

    It may be a bitter pill to swallow for Australians to give up some of their rights to Privacy to be replaced with more privacy protection but we may all have to swallow it regardless.

    What you can do to protect your credit rating from identity theft

    Our message at MyCRA Credit Rating Repairs is: please take steps to protect your credit rating from fraud!

    Educate yourself – visit the government sites like SCAMwatch, Stay Smart Online, and the Attorney-General’s website. If you are interested in keeping up to date with what could be occurring – say in cyber-circles you can visit technology sites like ZD Net Australia, or Computerworld or even subscribe to MyCRA’s RSS Feed for updates on security issues affecting credit files.

    Know what’s on your credit file – grab a free copy of your credit file today from one or more of Australia’s credit reporting agencies, Veda Advantage, Dun & Bradstreet, and TASCOL in Tasmania which will be mailed to you within 10 days.
    Your credit report is free every 12 months – take advantage of this by ordering a copy every year. Make sure there are no defaults currently attached to your file. If they shouldn’t be there or there are errors – you may be eligible for credit repair.

    If you feel vulnerable to fraud, for a fee credit reporting agency Veda offers an ‘alert’ service, which informs you of ANY changes to your credit file such as a change of contact details or a credit enquiry, which would point to you being a victim of identity theft – possibly BEFORE there are harmful defaults put against your name.

    For more information on identity theft, or help with credit repair following identity theft, contact MyCRA Credit Rating Repairs tollfree on 1300 667 218 or visit our website www.mycra.com.au.

    Image: Victor/ www.FreeDigitalPhotos.net

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  • AFP and FBI sign agreement to pool resources on identity crime

    Police from Australia and the United States have joined forces to pool their resources to fight a number of crimes which cross international borders, including identity crime and cyber-crime. We watch these changes with interest as they apply to fighting the increasing instances of identity crime which can result in victims being stung with bad credit and being banned from borrowing for 5 to 7 years when frausters use their good name to take out credit.

    By Graham Doessel, Founder and CEO of MyCRA Credit Rating Repairs and www.fixmybadcredit.com.au.

    The Australian Federal Police (AFP) and the Federal Bureau of Investigation (FBI) signed a memorandum of understanding (MoU) in Washington on Friday to share intelligence in order to fight many types of crime, including identity crime and cyber crime, ninemsn reports in its story AFP, FBI pool resources against crime.

    The MoU, called Combatting Transnational Crime, Combatting Terrorism and Developing Law Enforcement Cooperation focused on collaboration between agencies in terrorism, illicit drugs, money laundering, illegal firearms trafficking, identity crime, cyber crime and transnational economic crime.

    It also consolidated AFP and FBI cooperation in the exchange of information, resources and technical and forensic capabilities.

    The Australian Government made changes to Australia’s laws in June last year, to allow for the international collaboration of information on cybercrime. The Cybercrime Legislation Amendment Bill 2011, amended several laws in order to comply with the only international treaty on cyber-crime.

    This was done in the hope of coming up to speed with other countries in the fight to tackle an international wave of cyber-attacks.

    Cyber-crime and identity crime are a global phenomenon, and potentially this relationship between Police forces could improve the chances of tracking fraudsters, and potentially lead to more arrests.

    Currently, identity crime and cyber- identity crime is often one of those largely ‘untrackable’ crimes  – especially if it originates overseas. It can lead to the victim having any number of credit accounts taken out in their name, which can result in the victim being stuck with wrong defaults on their credit rating, or a bad credit rating they didn’t initiate, and a whole heap of trouble recovering their good name. Often Police are unable to prosecute anyone, and it is up to the identity theft victim to go about proving they didn’t initiate the bad credit.

    It will be interesting to see whether more arrests can be made or whether the sharing of information could deter cyber-criminals in the future.

    If you have been a vicitm of identity crime or cyber-crime, we would be interested to hear from you, and the process you went through. Did you let Police know of the attack?

    If you need help with a bad credit rating you didn’t inititate which would point to identity theft, whether inititated on our shores or overseas, you may be able to get assistance in recovering your good name. You may be eligible for a Victims of Commonwealth Identity Crime Certificate, and/or you may be able to get help from a professional credit repairer to help with getting those wrong defaults removed from your credit file.

    Contact our credit repair team on 1300 667 218 to get advice.

    Image: Victor Habbick/ www.FreeDigitalPhotos.net

  • Bill to fight global cybercrime coming in New Year

    The war on global cybercrime and identity theft continues…

    The Government’s Cybercrime Legislation Amendment Bill 2011 is set to be passed through the Senate in the New Year, according to reports from The Australian Newspaper ‘Australia to join global anti-cybercrime fight’ today.

    Attorney-General Robert McClelland told a Council of Europe meeting yesterday in France that the Government’s Cybercrime Bill will have the “endorsement of Parliament in the new year,”

    “For our part, there is no doubt that once Australia has taken the necessary steps to provide for accession to the Convention on Cybercrime, we will be better placed to take on the challenge globally,” he said in a keynote address.

    “Our domestic laws will criminalise more nefarious cyber activity and give our crime fighters the right modern tools.

    “Information required to prosecute cyber criminals will be protected from destruction whilst law enforcement agencies seek warrants for its access,” he says.

    Back in June we blogged about this Bill, ‘Government brings in new laws in war against cyber-crime and identity theft’ following the Government’s signing of the cybercrime treaty in May, and as it made swift changes to some of Australia’s laws to allow the Bill to be passed and implemented with ease. The changes were seen as a necessary response to the growing threat of cybercrime and the global nature of the crime.

    Australia will be joining the Council of Europe Convention on Cybercrime, of which more than 40 nations have already signed or become a party to the Convention, including the USA, UK, Canada, Japan and South Africa.

    The Convention allows countries to co-operate in investigations to deal with international crimes committed on computer networks, such as online fraud.

    The Bill will also give Australian police greater powers to force internet service providers to retain data of customers who are suspected to have committed a cybercrime while the matter is being investigated.

    The convention has been criticised by some such as Kapersky Lab’s CEO Eugene Kapersky, who says if non-European, non-English speaking countries will not “join the club” there will be failure.

    “Do you think it’s real that if a government computer in Russia is infected, that they will let the US in? Or that the White House will let Russia in? And then China or Latin America? Forget about it,” Kaspersky told SC Magazine.
    “It hasn’t worked in 10 years.”

    Instead, Mr Kaspersky advocates the need for an “internet Interpol” to manage international crime investigations and liaise with national police forces.

    Currently there appears to be great difficulty in investigating and prosecuting international cybercrime rings –especially in respect to online fraud cases. Much of the internet-generated identity theft is not initiated on Australian shores. The worldwide web provides easy international access, meaning elaborate schemes intended to commit identity fraud can be generated from any country and impact ordinary Australians.

    In fact, current advice about overseas scams on the government’s SCAMWatch website is almost a disclaimer for failure to prosecute perpetrators of overseas scams:

    “due to the ‘fly by night’ nature of many scammers, it is extremely difficult to track them down and take action against them. Though it depends on the circumstances of each case, the ACCC may not be able to take action or enforce Australian Court orders against the many scammers that are based outside of Australia.” the SCAMWatch website explains.

    Anything which increases the likelihood of accountability for identity theft and fraud as it relates to the global market should be seen as a positive step, as would the implementation of some of Kapersky’s ideas.

    One thing which is certain is we can never rest on our laurels. Constant monitoring and improvement needs to continue and be pushed for to keep up with the vast array of changes technology and the crime that ultimately follows it.

    For more information on identity theft related to credit files, contact MyCRA Credit Repairs tollfree on 1300 776 218 or visit the main website www.mycra.com.au.

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