Viw Magazine

Business Coach

  • Written by Greg Austin, Professor UNSW Canberra Cyber, UNSW

In Germany this week, the legal limbo that defines cyberspace around the world was on full display.

The country’s Federal Office for IT Safety (BSI for its German initials) had been tracking a cyber attack targeting some of the country’s parliamentarians since early December. It ultimately led to the public release of mobile phone numbers, credit card information and ID card details of hundreds of members of parliament, and other public figures.

Only some MPs were informed by BSI about the attacks, while others learned about them only after the details were published in the media. MPs were outraged that BSI had failed to notify them that their personal data was being targeted, despite knowing about elements of the attack for up to four weeks.


Read more: New guidelines for responding to cyber attacks don't go far enough


A deeper concern, raised by some MPs, was that over the same period, BSI (which is not a law enforcement agency) did not inform the German police that a political crime of this seriousness had possibly been committed. Once engaged, the police quickly found a suspect who reportedly confessed.

Hacking, whether or not data is publicly compromised, is a crime in most countries. The crime is constituted simply by the unlawful accessing of data or machines. But few countries have laws that require their cyber agencies that monitor hacking to report the criminal acts – either to third party victims or to the police.

This legal vacuum needs to be addressed urgently.

Is hacking a ‘serious crime’?

The challenge for cyber agencies or private sector firms which detect a hack is that these events are very common. Millions take place every day, and complex forensic information needs to be assembled in order to judge which incidents are serious enough to require notification. This sets up a defacto, but ill-defined, distinction between “petty crime” (most hacks) and “serious crime”.

What this means in reality can be illustrated by the practice in the Australian state of New South Wales. In NSW, there is an obligation under the Crimes Act to report serious crimes. These are defined as those attracting legal penalties of five years or more of imprisonment. But when it comes to cyber hacking, it’s often not immediately clear whether the extent of a hack would trigger such a penalty threshold.

This uncertainty was at play in the German hack, with BSI justifying its failure to notify with the claim it was still trying to analyse it, and did not know the full scale of it.

Even after arresting the suspect and knowing the scale of the attack, the head of cyber security at the Federal Police Office (BKA) said it was still unclear whether the hack was a serious crime inspired by political motives. The suspicion that it may have been politically motivated arises from the fact that the only political party whose MPs were not targeted was the extreme right party, AfD.


Read more: Russians hack home internet connections – here's how to protect yourself


What ‘mandatory reporting’ means in Australia

In 2018, after a long public debate, Australia introduced the Notifiable Data Breaches (NDB) scheme as an amendment to the Privacy Act. The NDB requires companies to notify the Office of the Information Commissioner (not the police), as well as any victims, if personal data they hold is compromised in a way that constitutes a serious breach of privacy.

This civil code provision is very weak due, in part, to the fact that it allows the firm or agency involved to self-assess the seriousness of the breach over a 30-day period before the obligation to notify kicks in.

It is also weak because there is a blanket exemption for law enforcement activities, and for the secrecy needs of the government. Australian cyber agencies, such as the Australian Signals Directorate and the Australian Centre for Cyber Security, appear to have zero obligation to tell either the police or victims that there has been been a hack or a data breach.

That means, if Australian cyber agencies learned that a foreign government had hacked an Australian citizen, the victim may never be told. Or if family photos of an unclothed child were hacked from a family computer by a paedophile, the victim’s family might never know.

A right to know?

In many countries, cyber agencies do notify large corporations of certain hack attacks, regardless of the kind or scale. There are several motivations for this mostly voluntary practice. One is to help corporations realise the seriousness of state-sponsored espionage against them. Another is to help the cyber agency itself coordinate an investigation of the hack, and figure out what might have been lost.

That is not the same as the police investigating the crime.

In most countries, only police agencies are authorised to investigate crimes for the purposes of court prosecution. Few jurisdictions, if any, have formally clarified the ways in which police and courts may rely on information on cyber hacks collected by cyber agencies or security companies.


Read more: 30 years ago, the world's first cyberattack set the stage for modern cybersecurity challenges


Australia is yet to have a serious debate about cyber crime reporting, and its forensic complexities: who is responsible for what, and where the priorities should lie. It’s at least a decade overdue.

While recognising that some distinction will need to be made between petty and serious cyber crimes, such a debate should recognise the right of citizens to be informed by our cyber agencies when they have been assaulted in cyber space and, if possible, by whom.

Greg Austin does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

Authors: Greg Austin, Professor UNSW Canberra Cyber, UNSW

Read more http://theconversation.com/should-cyber-officials-be-required-to-tell-victims-of-cyber-crimes-theyve-been-hacked-109510

Important Instructions for Australians Living in Camper Trailers

Living in a camper trailer offers Australians a unique way to embrace adventure and freedom while exploring the vast and beautiful landsca...

Maintaining Your Mini Digger: Tips for Longevity and Performance

If you're a proud owner or operator of a mini digger in Australia, you understand the importance of keeping your equipment in top-notch co...

Transform Your Business To Success: The Role Of Branding Agencies In Melbourne

In the bustling city of Melbourne, where every corner tells a story of innovation and creativity, the importance of branding cannot be o...

Revealing The Timeless Appeal Of Ladies' Bodysuits

Fashion has always been a canvas for self-expression, a realm where innovation and tradition intertwine to create garments that not only a...

What Is Crude Oil, and Why Is It Important to Investors?

Crude oil is the lifeblood of the global economy. As an investor, understanding the ins and outs of this vital commodity can be crucial to...

A Sweet Tooth's Guide to the Best Cakes in Melbourne

Indulge your sweet tooth in Melbourne's finest cakes! Brunetti offers decadent chocolate delights like Ciambella Chocolate Teacakes. Mel...

Alan Williams' Impact on Chicago's Defense: Analyzing Key Changes and Improvements

When Alan Williams stepped onto the field as the defensive coordinator for Chicago, expectations were high. His reputation for crafting di...

Understanding the Different Types of Pickup Truck Car Covers

Picking the right truck cover starts with understanding the various types available on the market. Each type is designed to address specif...

Understanding Commercial Plumbing in Adelaide

Introduction In the bustling city of Adelaide, where businesses thrive across diverse sectors, the seamless operation of commercial facil...

Driving into the Future: The Evolution of the Automotive Market in Australia - Trends and Predictions

Examining “the evolution of the automotive market in Australia: trends and predictions” reveals a swift embrace of electric vehicles a...

Crocs: Defying Fashion Norms and Redefining Individuality

In the realm of contemporary footwear, a singular item has emerged as a polarizing yet undeniably iconic choice: the versatile rubber shoe...

Benefits of Network Monitoring Devices in Businesses

In an era where seamless connectivity underpins business operations, ensuring a robust and secure network is paramount for any enterprise...

Tips for Staying Socially Active as a Senior

Staying socially active as a senior can be a challenging task. It becomes particularly difficult as mobility decreases, and friends and fa...

The Benefits of Living in Nature

Have you ever dreamed of buying a mountain property for sale, living immersed in nature, and being surrounded by the beauty of trees and w...

Affordable and Chic: A Guide to Stylish Splashback Tiling on a Budget

When it comes to kitchen renovations, splashback tiling stands out as a game-changer. Not only does it serve a practical purpose by protec...

How to Choose the Perfect Trailer for Your Needs

Whether you're hauling equipment for work or embarking on a weekend adventure, selecting the right trailer is essential. With a myriad of ...

Is There a downside to Taking collagen peptides? Understanding the Side Effects for a Healthier You

Introduction  Lately, everyone seems to be talking about collagen peptides. They're a type of protein that comes from collagen, a key pa...

The Best Materials for Living Room Plantation Shutters: A Comparison

Plantation shutters are a timeless and elegant window treatment that adds both style and functionality to any living space. When it comes ...

Top 5 Home Renovations That Increase Property Value

Enhancing the value of your property is a common goal for homeowners, whether they plan to sell soon or simply want to boost their investm...

Discover the Elegance of Sheer Curtains in Melbourne: A Guide to Custom-Made Sheer Elegance

When it comes to enhancing the aesthetics and functionality of your living spaces, the right choice of window treatments can make all the ...

Tomorrow Business Growth