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Ignoring The Real Problems 11 June 2003 Edition
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According to this story running on Stuff.co.nz today, the long discussed anti-hacking bill known as the Crimes Amendment Bill number 6 (CAB) is about to become the renewed focus of legislative attention.

Sigh!

Excuse my obvious disappointment. It's not that I'm opposed to the drafting and passing of laws that will clarify the situation in respect to computer hacking, but I really don't think it's a priority right now.

If we look at the history of hacking in NZ it can be seen that existing trespass and fraud laws seem to have dealt quite adequately with hackers and alleged hackers.

Also, if we take a look at the amount of money reportedly lost to the activities of hackers, it pales into insignificance when compared to the costs associated with a much bigger problem -- spam!


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According to researchers, the global spam problem will cost business more than US$20 billion this year, and that figure will climb to over US$ 200 billion by 2007.

Perhaps its time for our politicians to sit back and look at the big picture here -- even their UK peers have acknowledged the problem.

How many NZers and NZ businesses are actually affected, financially or otherwise, by hackers?

How many actual instances of loss due to hacking have there been in NZ during the past five years?

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    How many reported hacking incidents were either not prosecuted or suffered from failed prosecutions due to inadequacies in the current trespass and fraud laws?

    Now answer these questions:

    How many Kiwi kids regularly receive pornographic solicitations in their email boxes by way of spam?

    How many NZers have lost money after being duped by dubious pyramid or work from home schemes promoted through spam?

    How much time and money does virtually every "connected" Kiwi lose in a year because they have to wade through tons and tons of spam?

    Now listen-up those who are elected to SERVE...

    Don't waste time fluffing and polishing anti-hacking laws. The precedents have already been set and hackers have already been successfully prosecuted under existing laws.

    Instead, why don't you put that time and effort into protecting our kids and businesses against the much larger problem of spam?

    Now I know we've been told "it's too hard", but did Sir Edmund Hillary turn back from his assault on Everest because it was "too hard"?

    Hell no! That's not the Kiwi spirit is it?

    Here's the suggestion I've made before and, without apology for the repetition, I'll say again:

    New Zealand should take the initiative in respect to organising an international treaty on anti-spam laws.

    Appoint someone to manage this process and let them work full-time on lobbying other nations to sign up to an international convention that will effectively create a single "cyberspace" jurisdiction for the prosecution of spammers.

    If this strategy works for copyright, there's no reason why it won't work to defeat spam as well.

    I think it would be safe to say that if NZ were sufficiently proactive as to work hard and convince a majority of nations to sign up to such an international convention banning spam, we would earn the respect and gratitude of the entire Western world.

    Yes, it will be hard -- but I'd like to think that the people running this country thrive on challenge and are not afraid to do the hard things.

    Please don't prove me wrong.

    Are we going to take this bull by the horns and make a name for ourselves in the knowledge economy -- or are we simply going to sit by and follow blindly in Australia's legislative footsteps -- despite their appalling track record in Net-related legislation.

    Are Kiwis leaders or followers? It's up to our politicians to make the choice.

    If any Aardvark readers have an opinion on today's column or want to add something you're also invited to chip in and have your say.

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