The misuse of computers in Maltese criminal legislation : legal development & issues

Abstract

As the sphere of human interaction has extended to cyberspace, an increasing amount of economic and social relations are taking place by means of electronic equipment whose speed, efficiency and accuracy have become key tools for boosting creative productivity. The computer has presented itself as the essential tool for the manipulation of information and its interconnecting capabilities have shattered the barriers between telecommunication systems and digital computing platforms. This advance has inevitably led to the growth of new forms of transnational crime encompassing traditional types of offences committed in non-traditional ways together with a gamut of novel crimes intricately related to this sphere of expansion. The legal response to this reality is the subject of this thesis, which focuses on the misuse of computers in Maltese criminal legislation. An analysis of the impact of computers in society and the innate vulnerabilities of computer systems to crime is offered as a background to an intricate discussion on substantive and procedural provisions regulating the misuse of computers. The examination of the former (substantive provisions) reveals sources, possible lacunae, solutions and also a comparative study as to the position held by other countries and supranational organisations. A review of the latter (procedural provisions) permeates through the whole course of procedural actions ranging from investigation to conviction or acquittal. The thesis outlines the introduction of the misuse of computers in Maltese criminal legislation and charts the way forward offering an action plan in the fields of technology, education, industry and law whilst pre-empting future local legal developments on the matter. Extensive reference is made to the Council of Europe's Convention on Cybercrime whose articles are juxtaposed with those presented in the Maltese Criminal Code evidencing similarities and anomalies. The computer misuse criminal provisions are themselves a milestone in Maltese IT legislative history and evidence the importance and protection granted to the Information Society in its increasing social, cultural and economic cohesive forces.