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Cyber Laws8/8/2023 Cyber laws
The government has introduced a "new world-leading law" to protect consumers from hackers on their phones, smart TVs, fitness trackers, tablets and other devices that connect to the internet. Why? Research has shown that four in five UK manufacturers must place appropriate security measures. Products capable of connecting to the internet include things you may not immediately think of, such as speakers, thermostats, printers and toys. The law will prevent selling items in the UK that do not meet the required security standards. The ownership of devices capable of connecting to the internet has risen massively in recent years, with an average of ten devices per household. Some forecasts suggest up to 50 billion devices worldwide by the year 2030. An investigation by Which? The average home could be exposed to over 12,000 scanning or hacking attacks weekly. The UK's National Cyber Security Centre says it dealt with 777 incidents in the last 12 months, which was unprecedented. They also report an increase in ransomware attacks and significant global incidents. In 2017 data was stolen from a North American casino where the attackers gained access through an internet-connected fish tank, showing that the most innocuous items can be a security risk. What? The Bill is called the Product Security and Telecommunications Infrastructure Bill and has been introduced to Parliament. The law would allow the government to:
Which devices? The Bill concerns connectable products and items that can access the internet. Such items include smartphones, smart TVs, baby monitors, security systems, voice-activated assistants and smart home appliances. Devices connecting to other devices but not directly to the internet are also included, such as smart light bulbs and fitness trackers. Second-hand products will not be included as this would be impractical, placing obligations on businesses and consumers that would outweigh the benefits. An antivirus software market already serves desktops and laptops and has security features, so they are outside the scope. Default passwords A ban would be introduced on easy-to-guess or default passwords such as admin or 123456, preloaded on devices and targeted by hackers. All new devices will have to be provided with a unique password and not be capable of being restored to a universal factory setting. Security updates Manufacturers would be required to tell customers about the minimum length of time that a product would receive security updates and patches at the point of sale. Alternatively, customers must be told if a product does not come with security updates. This would mean that customers would know when and if any items they bought would become vulnerable. Reporting Manufacturers would also be required to provide a public point of contact to make reporting flaws and bugs in a product more accessible. Businesses In-scope businesses will have a duty to investigate compliance failures and to produce records and statements of compliance. Regulator The new regime will be overseen by a regulator with the power to impose financial penalties for non-compliance. The maximum fine will be £10 million or four per cent of global turnover and up to £20,000 per day in an ongoing infringement. The regulator will also be able to issue notices to companies requiring the recall of products, prohibiting the sale or supply of products, or requiring them to comply with security requirements. Research Cyber Security Breaches 2023 The National Cyber Security Centre Data stolen from North American Casino Cyber flashing as a new law
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The Government has recently announced the introduction of a new offence called "cyber flashing," which will be included in the Online Safety Bill. This move is part of the Government's ongoing effort to ensure that legal frameworks adapt to new and emerging types of crimes.
What is Cyberflashing? Cyberflashing refers to the act of sending unsolicited sexual images to others through various digital platforms, such as social media, dating apps, or using Bluetooth or Airdrop technology. These images can appear on the recipient's device without consent, even if they reject the transfer. The proposed offence criminalises sending explicit photos or videos of a person's genitals to derive sexual pleasure or cause the recipient distress, alarm, or humiliation. Prevalence and Concerns Research by Professor Jessica Ringrose revealed that a significant number of girls aged 12 to 18 had received unsolicited explicit images from males, with approximately 75.8% falling victim to this behaviour. Some girls reported blocking or reporting adult men who sent unwanted photos, but they found it more challenging to address similar behaviour from peers. The research also highlighted issues related to revenge porn among school-age students, as those under 18 lack proper avenues for assistance compared to adults. The Rationale for the Offence The new offence of cyber flashing is in line with previous actions to criminalise acts like upskirting and voyeurism involving breastfeeding. The intention behind these measures is to prioritise the protection of women and girls. Dominic Raab, the Lord Chancellor and Secretary of State for Justice, has emphasised this as a top priority. Online Safety Bill Overview The Online Safety Bill aims to regulate the actions of social media and technology companies, holding them responsible for harmful and illegal content on their platforms. The legislation follows the principle that what is illegal offline should also be illegal online. An initial draft of the Bill was introduced in May 2021, imposing a "duty of care" on social websites to remove harmful content and safeguard children. Ofcom, the media regulator, provided oversight. Recent developments include strengthening the Bill and granting Ofcom more authority to establish and enforce clear standards. Additional Offences Covered Apart from cyber flashing, the Online Safety Bill encompasses other offences proposed by the Law Commission in its review of "Modernising Communications Offences." These offences include:
Related: Government to introduce new cyber laws Priority Offences and Penalties The Bill places a duty of care on internet companies to address illegal content, especially prioritising forms such as terrorism, child sexual abuse, and exploitation. The proposed penalty for cyber flashing is a maximum of 2 years imprisonment, while harm-based offences carry a similar sentence. The false communication offence would carry up to 51 weeks' imprisonment, and the threatening communication offence could result in up to 5 years imprisonment. In summary, introducing the cyber flashing offence in the Online Safety Bill reflects the Government's commitment to addressing emerging digital crimes and protecting against harmful online behaviours. The Bill aims to regulate technology companies more effectively and set clear standards for online content while also addressing related offences that need to be adequately covered by existing laws. The Statement Cyberflashing The Government has announced that a new offence of cyber flashing is to be introduced. The offence will be included in the Online Safety Bill as part of the Government's efforts to ensure laws keep pace with emerging crimes. Why cyber-flashing? The new offence follows similar actions to criminalise upskirting and breastfeeding voyeurism. Protecting women and girls is Dominic Rabb's top priority as Lord Chancellor and Secretary of State for Justice. Penny Lewis, Criminal Law Commissioner, said that the online world had increased the scope for abuse and harm with a worrying rise in reports of cyber flashing. The offence will close existing loopholes in the law and be treated as seriously as in-person flashing. Online Safety Bill The Bill seeks to regulate social media and technology giants, with a parliamentary report stating that what was illegal offline should be made illegal online. The first draft of the Bill was published in May 2021 and placed a "duty of care" on social websites to remove harmful and illegal content and to protect children. However, it was left mainly to the companies to police themselves with oversight from Ofcom, the media regulator. The parliamentary report called for Ofcom to be given more extraordinary powers and to set explicit standards. The Culture Secretary, Nadine Dorris, said the Bill has been strengthened and improved since the first draft. She said the intention is to make online companies responsible for protecting children and tackling illegal content. Other offences Proposals from the Law Commission (in the review "Modernising Communications Offences), carried in the Bill, alongside cyber flashing, include:
Priority offences The Bill places a duty of care on internet companies to limit the spread of illegal content. It requires them to put systems in place to remove the content and to take additional proactive measures for priority forms of online unlawful content. Those listed in the draft bill were terrorism, child sexual abuse, and exploitation. The list of further priority offences to be written into the Bill has been developed using the following criteria:
The offences will fall into the following categories:
Penalties The new offence of cyber flashing would carry a maximum of 2 years imprisonment. The harm-based violations would also carry two years; the false communication offence would carry 51 weeks, and up to 5 years for the threatening communication offence. Professor Jessica Ringrose Source Article originally posted on Ashmans Solicitors Blog Cybercrime To Become New Offence
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A public consultation invites views on the operational impact and workability of the newly drafted Code of Practice for the statutory two-tier Out of Court Disposals framework, as set out in The Police, Crime, Sentencing and Courts (PCSC) Act 2022.
Out of Court Disposals (OOCDs) are used for a range of pre-charge sanctions used by police and other prosecution agencies to deal with less serious offending. The PCSC Act 2022 set out reforms to replace the current framework of warnings, penalties, and cautions with a new statutory two-tier framework, which consists of:
Justice Minister Damian Hinds said: "The current system for these punishments has grown unwieldy and has led to inconsistent use. This simplified system will ensure victims see justice being delivered, better nip lower-level criminality in the bud, and guarantee the most serious offenders always face the full glare of the courtroom." What does this mean, practically? Unlike in the previous system, both cautions must be issued with one or more meaningful conditions focusing on rehabilitation or providing direct restitution to the victim or the local community. These could include targeted unpaid work such as cleaning up graffiti, drug treatment courses, or compensation for the victim. Offenders must admit their offence to be eligible for the new cautions, meaning they accept responsibility for their actions and engage with their punishment. Certain serious crimes like the use of offensive or bladed weapons will be specified as excluded offences, which, in the government's view, "[sends] a strong signal that serious offences should be pursued through the courts." The changes will also provide clarity to frontline police officers over when and how cautions should be used. In appropriate circumstances, police will retain the use of the existing non-statutory Community Resolution. Once the new cautions framework is implemented, the other 5 OOCDs that are currently available will be abolished, namely Cannabis Warnings, Khat Warnings, Penalty Notice for Disorder, Adult Simple Caution, and Adult Conditional Caution. What Are Out of Court Disposals (OOCDs) Out of Court Disposals (OOCDs) are a type of informal resolution used within the criminal justice system in various countries, including the United Kingdom. They are designed to deal with less severe or low-level offences without requiring a formal court trial. Instead of going to court, the alleged offender and the authorities (usually the police) agree on an alternative way to address the offence. Out of Court Disposals can take several forms, but some common examples include the following:
Image credit: West Midlands Police: is licensed under CC BY 2.0 |