Cybercrime Law (LAWS90306)

Cybercrime law covers both the substantive law governing crimes committed using a computer and the procedures through which investigators can collect digital evidence. Cybercrime offenses include computer misuse crimes and traditional crimes that are facilitated using a computer, such as fraud, theft, and possession of child abuse materials.  

The globalised nature of the internet raises numerous jurisdictional issues concerning which state should investigate and prosecute cybercrime as well as issues for evidence gathering in the digital environment.  

This subject primarily focuses on Australian law and international cooperative instruments, particularly the Budapest Convention on Cybercrime, which is aimed at controlling cybercrime and facilitating digital investigations across borders. This subject also considers comparative laws in the UK, EU, and USA, especially within the context of international cooperation on policing cybercrime and digital investigations. 

Intended learning outcomes

A student who has successfully completed this subject should be able to:

• Explain and apply the law governing different types of cybercrime offences.
• Critically assess the methods of international cooperation aimed at controlling cybercrime.
• Analyse how modern communications technologies challenge traditional evidence-gathering techniques in criminal investigations and the use of evidence in court.
• Recognise and examine the challenges associated with regulating cybercrime, including the jurisdictional issues.
• Conduct independent research, exercise critical judgement, and write cogently and persuasively.

Generic skills

• Have the cognitive and technical skills to generate critical and creative ideas, and to critically evaluate existing legal theories, principles and concepts;
• Have the communication skills to clearly articulate and convey complex information regarding legal issues to relevant specialist and non-specialist audiences;
• Be able to demonstrate autonomy, expert judgment and responsibility as a practitioner and learner in the legal field;
• Be able to critically examine, analyse, interpret and assess the effectiveness of the current and proposed laws;
• Have a sophisticated appreciation of the factors and processes driving the regulation; and
• Have the ability to apply learnings to diverse practical settings.