Proposed cybercrime laws get tough on paedophiles and online racism

Tuesday 30 October 2018

Proposed new cybercrime laws will strengthen the island’s ability to clamp down on the distribution of indecent images of children and stamp out online race hate, the Home Affairs Minister has said.

Constable Len Norman’s comments came in a report detailing how he proposes to clamp down on crimes committed and enabled using technology through the creation of a new Cybercrime Law.

The suggested law also provides greater powers for authorities to prosecute those who hide or destroy evidence using technology – whether the deletion of internet history, text messages, or images held on computers or smart devices – and enhance their abilities to investigate password-protected materials.

Previously, such offences such as online racism and threatening language had to be prosecuted through the Telecommunications Law, which is now nearly 20 years old.

Pictured: For the first time, 'hacking' attacks will now have dedicated legislation to help authorities clamp down on the cybercrime.

Given the significant progression of technology since then, the Minister said the time was now right to draft a new law. “The draft Law is required in order to keep pace with developments in the use of technology: as more data is stored electronically, there is a growing realisation that e-crime is simply another form of crime, and e-data is simply evidence held in a novel manner,” he said.

Under his suggestions, the maximum prison sentence for hacking will increase from six months to up two years’ imprisonment and a fine, while making or providing a device or product that assists someone in hacking or committing a cyber offence could result in the same sentence.

“An example might be a person who supplies a device which can hinder access to or damages a computer device held by the police who are investigating the contents of it,” the report said.

Using technology to damage or destroy data belonging to another person, meanwhile, could result in jail-time of up to a decade. “For example, a person could impair a computer by damaging the computer database of a competitor, and a person could prevent or hinder access to incriminating data to try and avoid prosecution.”

Pictured: The Draft Cybercrime Law includes potential prison sentences of up to 10 years.

Deleting anything considered ‘evidence’ in a case or tipping someone off that they could be about to be investigated could attract five years behind bars. The report explained: “In a drug trafficking case, text messages sent to and from a phone number may serve as crucial evidence, and it will be in the interests of the authorities to make an order on the telecommunications provider requiring that such data is preserved before a request for mutual legal aid is made.” 

Explaining the main objective of the new laws, the Minister commented: “Amongst other things, these will strengthen Jersey’s capacity to charge and prosecute people for possessing, making or distributing indecent images of children. In addition, Jersey’s ability to provide assistance to other jurisdictions will be improved.”

He added that introducing the new law would put the island in a position to have the Council of Europe Convention on Cybercrime extended to the island.

States Members will debate the proposals on 15 January next year.