Australian Government to close e-crime loophole

New amendments are to be put forward by the Australian Government to Parliament that – if passed – will outlaw the use of the Internet for offensive and menacing purposes.

The move is being made primarily to curb the advocacy or organisation of large scale violent protests on the Internet, as well as to target those who use the Internet to harass another person or group.

While it is currently an offence to use a telecommunications service in a way that would be considered by reasonable persons as offensive, or with the result that another person is menaced or harassed, no existing provisions cover doing likewise over the Internet.

The new offence will carry a penalty of two years imprisonment, which is double the punishment for the existing offence. ISPs will be exempted from the new offence where they do not know of the content of the material that they transmit or host.

The new offence will form part of a wider package of new telecommunications offences which includes offences for the possession and distribution of Internet child pornography, as well as the "rebirthing" of mobile phones, which is a technique used by criminals to circumvent technology that prevents stolen phones from accessing Australian mobile networks.

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