Responding to Cybercrime: A Delicate Blend of the Orthodox and the Alternative
Gregor Allan
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This paper examines the unique problems posed by cybercrime and considers both “orthodox” responses — such as criminalisation, enhancement of enforcement powers, and the use of countering technology — as well as “alternative” strategies, such as those that encourage Internet users to share the burden of securing informational privacy. Rather than focusing upon particular domestic responses, the paper provides an analytical framework enabling an assessment of the costs and benefits of responses to cybercrime in general. Where pertinent, however, comment is offered on New Zealand’s recent legislative amendments. Reference is made also to the Council of Europe’s Convention on Cybercrime and to the responses of the United States — the country that has pioneered much of the theoretical work in cybercriminology. The paper argues that the traditional law enforcement/privacy trade-off is particularly complicated in cyberspace due to the importance of privacy to the Internet itself. Responding to cybercriminality, therefore, requires delicacy.
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Maori Claims and the “Special” Juridical Nature of the Foreshore and Seabed
FM Brookfield |
In the “special” juridical area of foreshore and seabed, the presumptive title lay in the Crown at common law, by reason of its (originally) prerogative claim to the whole of Aotearoa New Zealand. But being presumptive only, it yielded to other possessory interests originating in Crown grant, matured adverse possession, or Maori customary law. Paul McHugh’s argument that generally all proprietary interests below low watermark, except those under grant, were limited to “bundles of rights” and could not carry possession is inconsistent with high authority. |
The Treaty of Waitangi and the Constitutional Future of New Zealand
BV Harris |
New Zealand is beginning to consider reviewing its constitutional arrangements. A central concern in any such review will be the unsettled place of the Treaty of Waitangi in the New Zealand constitution. The decision of the Court of Appeal in Attorney-General v Ngati Apa, and the consequent enactment of the Foreshore and Seabed Act 2004, exposed the vulnerability of not only common law customary rights, but also the Treaty of Waitangi, to being overridden by Parliament. This article reviews the foreshore and seabed episode in the light of the current operation of the New Zealand constitution, and explores options for the future constitutional status of the Treaty of Waitangi. |
The Accused’s Right to a Fair Trial: Absolute or Limitable?
Don Mathias |
[No Abstract]
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Reviews |
Commercial Law: Duncan Webb
Competition Law: Mark Berry
Shipping Law: Paul Myburgh |
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2005 PART II
