Russell Smith - Crime in the Digital Age

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CRIME IN THE DIGITAL AGE

Crime in the Digital Age

Controlling Telecommunications and Cyberspace Illegalities

Peter N Grabosky
Russell G Smith
with the Assistance of Paul Wright

First published 2009 by Transaction Publishers

Published 2017 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
711 Third Avenue, New York, NY 10017, USA

Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright 1998 by The Australian Institute of Criminology

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

ISBN 13: 978-0-7658-0458-7 (pbk)

Contents

Guide

This book could not have been written without the generous support and encouragement of many people. Adam Graycar suggested one day early in 1995 that we embark upon a new direction of inquiry, and seek assistance from the Telstra Fund for Social and Policy Research in Telecommunications. This we did, successfully. We are grateful to the Fund, and to its Administrator, Anita Hopkins, for their support.

We would like to express our special appreciation to our collaborator Paul Wright, for his technological insights generally, for sharing his knowledge of cryptography, as well as for his contributions to .

We were also fortunate to have received generous and valuable advice from Dennis Challinger, Ken Day, David Harris, Allan Kearney, John Langdale. Bruce Matthews, Phil Masters, Frank Nolan, John Pinnock, Greg Williams, and Mick Williams.

We thank staff of the JV Barry Library at the Australian Institute of Criminology for their exceptional support in suggesting and locating relevant material throughout the course of our project.

Bob Anderson, John Braithwaite, Simon Bronitt, Dorothy Denning, Richard Harding, Richard Hundley, Colin Scott, Haydn Strang and Glenn Wahlert read and commented on all or part of the manuscript, and we are particularly indebted to them for their guidance.

Finally, we were privileged to be able to share our findings with a variety of government agencies, colleagues and users of digital technologies as our work progressed. We hope they found them to be of some use. If, despite the best efforts of all of those named above, any errors or shortcomings remain, we assume full responsibility.

PN Grabosky
Russell G Smith
Australian Institute of Criminology
Canberra

• ANI Automatic Number Identification
• ARPANET Advanced Research Projects Agency Network
• ATM Automated/Automatic Teller Machine
• BBS Bulletin Board System
• BITS Bank Interchange and Transfer System
• CADS Computer Anomaly Detection System
• CERT Computer Emergency Response Team
• CHAPS Clearing House Automated Payments System (England)
• CHIPS Clearing House Interbank Payments System (US)
• CND Calling Number Display
• CRT Cathode-Ray Tube
• DISA Direct Inwards System Access
• EDD Electronic Data Delivery System
• EFTPOS Electronics Funds Transfer at Point of Sale
• EMR Electromagnetic Radiation
• ESN Electronic Serial Number
• GSM Groupe Speciale Mobile
• HFC hybrid coaxial cable
• IDD International Direct Dialling
• IMEI International Mobile Electronic Identity
• MIN Mobile Identification Number
• PABX Private Automatic Branch Exchange
• PIN Personal Identification Number
• RITS Reserve Bank Information and Transfer System
• RTGS Real Time Gross Settlement
• SET Secure Electronic Transactions
• SHERIFF Statistical Heuristic Engine to Reliably and Intelligently Fight Fraud
• SIM Subscriber Identification Module
• STD Subscriber Trunk Dialling
• SWIFT Society for Worldwide Interbank Financial Telecommunications (Belgium)
• TEMPEST Transient Electromagnetic Pulse Emanation Standard UTP unshielded twisted pair

Autodesk Inc v Dyason (1992) 66 ALJR 233 (12 February 1992, High Court of Australia),

Autodesk Inc v Dyason (No 2) (1993) 67 ALJR 270 (3 March 1993, High Court of Australia),

Bathurst City Council v Saban (1985) 2 NSWLR 704 (24 September 1985, Supreme Court of New South Wales),

Barker v The Queen (1994) 127 ALR 280 (21 December 1994, Federal Court of Australia),

BBC Enterprises v Hi-Tech Xtravision [1991] 3 All ER 257 (6 June 1991, House of Lords),

Bowden v Boucher (1996) 70 ALJ 612 (14 December 1995, Supreme Court of New South Wales),

Banning v Cross (1978) 141 CLR 54 (14 June 1978, High Court of Australia),

Butera v Director of Public Prosecutions (Vic) (1987) 164 CLR 180 (8 December 1987, High Court of Australia),

Carroll v Attorney-General (NSW) (1993) 70 A Crim R 162 (29 October 1993, Court of Appeal, New South Wales),

Computermate Products (Aust) Pty Ltd v OziSoft Pty Ltd (1988) 20 FCR 46 (3 November 1988, Full Court of the Federal Court of Australia),

Cooper v United States 639 F Supp 176 (4 April 1986, United States District Court, Florida),

Cubby, Inc v Compuserve Inc 776 F Supp 135 (29 October 1991, United States District Court, New York),

Cyber Promotions, Inc v America Online, Inc (United States District Court, Eastern District of Pennsylvania, CA No 96-2486 November 1996),

Davidovic v R (1990) 51 A Crim R 197 (14 December 1990, Federal Court of Australia),

Director of Public Prosecutions v Murdoch [1993] 1 VR 406 (2 October 1992, Supreme Court of Victoria),

Director of Public Prosecutions v Serratore (11 October 1995, New South Wales Court of Appeal, Kirby P, Cole JA, and Santow AJA),

Director of Public Prosecutions v Withers [1975] AC 842 (20 November 1974, House of Lords),

Dowling v United States 473 US 207 (28 June 1985, Supreme Court of the United States),

Edelsten v Investigating Committee of New South Wales (1986) 7 NSWLR 222 (18 December 1986, Administrative Law Division, Supreme Court of New South Wales),

Feist Publications Inc v Rural Telephone Service: Company Inc (27 March 1991, Supreme Court of the United States),

Fox v General Medical Council [1960] 3 All ER 225 (20 June I960, Judicial Committee of the Privy Council),

Francome v Mirror Group Newspapers Ltd [1984] 2 All ER 408 (16 March 1984, Court of Appeal),

Grimshaw v Ford Motor Co 119 Cal App 3d 757, 174 Cal 348 (29 May 1981, United States Court of Appeal, 4th Circuit),

Grollo v Palmer (1995) 184 CLR 348 (21 September 1995, High Court of Australia),

Irvine v Carson (1991) 22 IPR 107 (5 August 1991, Federal Court of Australia),

John Fairfax Publications Pty Ltd v Doe (1995) 37 NSWLR 81 (21 June 1995, Court of Appeal, New South Wales),

Kenntson v Daire (1986) 160 CLR 129 (20 February 1986, High Court of Australia),

Klass v Federal Republic of Germany [1979] 2 EHRR 214 (8 September 1978, Furopcan Court of Human Rights),

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