Phishing : to what extent is it addressed by existing legislation?

Abstract

Phishing, classified as a form of identity theft, commences with an email and can potentially result in the pilfering of personal credentials, including bank account details. Phishing can be identified as the fraudulent creation and exploitation of emails as well as websites, which are designated to appear like emails and websites of reputed and legitimate institutions, including businesses and governmental organisations. The underlying aim is that of deceiving internet users into revealing their personal and financial information, and into furnishing other identifying data such as usernames and passwords. The phisher then proceeds to use the acquired information for the commission of fraud. The thesis has attempted to discuss the entire course of a phishing expedition, with the point of departure being unauthorised access, progressing to identity theft, and seeking consummation in fraud and/or forgery. A review of the Council of Europe Convention on Cybercrime and the provisions relating to phishing has been made, set in juxtaposition with national computer misuse provisions. The amalgamation of computer misuse provisions with traditional offences as provided for by Chapter 9 of the Laws of Malta has emerged crucial for an effective prosecution of the multiple variants that constitute phishing. By way of conclusion, the thesis has also discerned the significance of technological neutrality in legislation.