Industry welcomes e-crime Bill

By Adam Gifford

The Government's plan to amend the Crimes Act to cover computer hackers and people who spread computer viruses has been given a cautious welcome by the Internet industry.

Justice Minister Tony Ryall said the amendments would be included in a Bill to be introduced this session, addressing broader property law issues.

"Recent Court of Appeal cases have highlighted the need to update the criminal law to take account of new technology and computer-related offending," Mr Ryall said.

Proposed new offences are:

* Accessing a computer system for a dishonest purpose.

* Attempting to access a computer system for a dishonest purpose.

* Damaging or interfering with a computer system.

* Unauthorised access to a computer, commonly known as "hacking" or "cracking".

He said: "The Government wants the many people who rely on computers in their daily lives to know that we are introducing laws to help protect their valuable property."

The Network of Internet Related Organisations (NIRO) said while the amendment was welcome, the proposed new offences may not go far enough.

Spokesman Chris Patterson said proving an offender's actions were were with "a dishonest purpose" could make the law unenforceable through the courts.

"A similar provision is contained within the United Kingdom's legislation, which has proved inherently difficult to enforce," Mr Patterson said.

Internet Society of New Zealand (ISOCNZ) chairman Jim Higgins said the society had been asking for such a law to protect Internet providers and everyday users.

"The existing laws are quite inadequate to deal with the increasing number and complexity of computer crimes," he said.

The alleged creator of the "Melissa" virus has been charged in the United States with offences which carry a jail term of up to 40 years.

"In New Zealand he would probably get off scot-free because of our antiquated laws," Mr Higgins said.

Despite his identity being known, no charges have been pressed against the person who deleted 4500 web pages hosted by New Zealand Internet service provider The Internet Group.

"This proposed law means anyone attacking a computer by cracking or hacking will be treated just as they would if they physically broke in and attacked a computer with a baseball bat. The end result can be the same," Mr Higgins said.

Internet Group director Tim Wood said some sort of action against crackers was essential.

Mr Wood said: "It really affects the way New Zealand looks as a trade partner if people can hack from here with impunity into another country.

"This sends a message people here want to do something about it."