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Submission on New Zealand’s written statement to the second session of the UN Cybercrime Treaty negotiations

Abstract
The author, a law academic, generally supports New Zealand's written statement to the UN Cybercrime Treaty negotiations. The proposed criminalization provisions are deemed reasonable and well-founded. The focus on striving for consensus and universal acceptance is essential, given the inherently multijurisdictional nature of cybercrime. The recommendation is to concentrate on core cybercrimes like illegal access, illegal interception, data interference, system interference, and misuse of devices to achieve greater consensus. Specific suggestions include incorporating criminal intent requirements in illegal access and interception to avoid impacting legitimate activities. The presentation advocates addressing emerging cyber threats like ransomware attacks and supports criminalizing the online sexual exploitation of children. However, it suggests leaving revenge porn matters to general criminal law as it may not directly relate to information security. The statement appropriately excludes criminal provisions for intellectual property rights violations, leaving them to established international and national intellectual property laws. The author recommends considering cyber-specific elements of money laundering involving cryptocurrencies in the context of cybercrime laws. Finally, it emphasizes the importance of a comprehensive definition for "access information" that includes codes, passwords, encryption keys, and related data for inclusion in the proposed treaty.
Type
Other
Type of thesis
Series
Citation
Date
2022-05-19
Publisher
University of Waikato
Degree
Supervisors
Rights
© 2021 The Author.