On mobile networks a particular prob lem is the

Info icon This preview shows pages 57–59. Sign up to view the full content.

– and as a vehicle to spread viruses and worms. On mobile networks, a particular prob- lem is the sending of bulk unsolicited text messages with the aim of generating traffic to premium-rate numbers. Such conducts may be a criminal offence. An example is the US CAN-SPAM Act of 2003: U.S.C. § 1037. 18 This section criminalizes serious violations, such as where the perpetrator has taken significant steps to hide his identity or the source of the spam, to the receivers, ISP´s or law enforcement agencies. Among the conducts, section § 1037 (a) includes: “materially falsifies header information in multiple commercial electronic mail mes- sages and intentionally initiates the transmission of such messages.” The Convention on Cybercrime does not include a provision on spam, only in cases of serious and intentional hindering of communication 19 or unlawful interference with 18 See 19 Explanatory Report to the Council of Europe Convention on Cybercrime No. 69: “The sending of unsolicited email, for commercial or other purposes, may cause nuisance to its recipient, in particular when such messages are sent in large quantities or with a high frequency ("spamming"). In the opinion of the drafters, such conduct should only be criminalised where the communication is intentionally and seriously hindered. Nevertheless, Parties may have a different approach to hindrance under their law, e.g. by making particular acts of interference administrative offences or otherwise subject to sanction. The text leaves it to the Parties to determine the extent to which the functioning of the system should be
Image of page 57

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

49 computer networks and systems. Spam is thus covered as a criminal offence in the Convention in cases where the amount of spam has a serious influence on the process- ing power of computer systems, and not when the effectiveness of commerce have been influenced, but not necessarily the computer system. 20 7) Crime in Virtual Worlds A virtual world is a computer-based simulated environment intended for its users to inhabit and interact via “avatars” . These avatars are usually depicted as textual, two- dimensional, or three-dimensional graphical representations. The most popular is Sec- ond Life that was launched in 2003, today “inhabited” by 16 million avatars. 21 In online games 22 an avatar interacts with other avatars like a mirror of human be- ings behaviours and are allowed to build virtual objects with defined economic values. Virtual currency supports commerce that offers virtual objects for sale. Exchanging the virtual currency to real-world currency is also established. Most offences in the virtual worlds may be covered by excisting real worlds criminal legislations, such as forgery and illegal interference, in addition to copyright laws. But the development of virtual worlds must be followed very closely, because the borders be- tween real and virtual worlds are diminishing. If special legal interests needs protection by criminal law, special legal measures may be necessary. Such interests would be global, and a global harmonization should be developed in a Model Law.
Image of page 58
Image of page 59
This is the end of the preview. Sign up to access the rest of the document.
  • Spring '12
  • Kushal Kanwar
  • Law, .........

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern