La Trobe University, School of Law
La Trobe University, School of Law
International Cybercrime
LAW5CYC
2023, Semester 2
Assessment Task No. 3:
Take-Home Assignment:
Questions & Additional Instructions
1. Introduction
There are three assessment tasks in LAW5CYC:
oral presentation (worth 20%);
research paper (worth 40%); and (3) take-home assignment (worth 40%).
See the Subject Learning Guide for basic information about these tasks.
The present document provides questions and further instructions for the take-home assignment.
You will be assumed to have read this entire document and know what it contains.
2. Word Count and Due Date
The take-home assignment questions (in this document) are released on LMS at 9.00 am on Friday, 3 November 2023.
Your answer MUST be submitted on LMS by 11:59 pm on Tuesday, 7th November 2023.
The total word limit for the take-home assignment is 2000 words (+/- 10% leeway). This leeway is applied to each question (100 words leeway for Part A, 70 words leeway for Part B, and 30 words leeway for Part C).
The word count includes:
all headings in the text (but dont avoid using headings for that reason; headings are usually very much worth their word count); and
all text in footnotes other than citations (but you should avoid putting substantive text in the footnotes in any case).
The bibliography is not to be counted in the word length.
Text that is in excess of the word limit will not be read. This means it will be pointless for you to include the extra words and it will actually make your work less coherent. If the number of excess words is more than 10% of the word limit (i.e. 100 words for Part A), the marker may also penalise the work by a reduction of marks. So, rather than gaining a benefit, the verbose student gains nothing and also runs the risk of losing marks.
Any work that is significantly under the word length will not be liable to a formal penalty, but it can be expected that overly brief work will be weaker.
The word count must be included on the title page.
3. Questions
You MUST answer all three parts.
PART A
You MUST answer the essay question below (1000 words NOT including referencing, footnotes or in-text). All students answer the SAME QUESTION. This part is worth 20 marks.
Question: How does transnational cybercrime challenge jurisdiction and international cooperation? How does the Budapest Convention on Cybercrime address these challenges?
Does the Budapest Convention need up-dating to improve its approach to jurisdiction and international cooperation? In answering this question, you MUST draw on themes from the content of at least 3 of the weekly topics in LAW5CYC.
This question asks you to engage critically with the course materials from LAW5CYC. It is not expected that you will do further research for the take-home assignment. However, you MUST use evidence (case studies, statistics, research and arguments from sources, lecture and seminar material) to support your arguments, in particular the course materials and readings from
LAW5CYC.
When citing readings, we should follow the conventions set out in your chosen citation style (see section 6 below). You should reference lectures in the following manner:
AGLC4/Oxford (footnotes): LAW5CYC 2023, Lecture Week X Part X, Slide No. X.
E.g.:
LAW5CYC 2023 Lecture Week 9 Part 2, Slide No. 12.
APA7 (in-text): (LAW5CYC 2023, Lecture Week X Part X, Slide No. X). E.g.: (LAW5CYC 2023, Lecture Week 9 Part 2, Slide No. 12)
You should reference websites or documents accessed during seminars according to the conventions set out in your chosen citation style. For referencing activities or general discussion, you should reference seminars in the following manner:
AGLC4/Oxford (footnotes): LAW5CYC 2023, Week X Seminar. E.g.:
LAW5CYC 2023 Week 9 Seminar.
APA7 (in-text): (LAW5CYC 2023, Week X Seminar). E.g.: (LAW5CYC 2023, Week 9 Seminar)
PART B
Below are three (3) hypothetical scenarios. You must pick TWO (2) hypothetical scenarios and answer the questions for that reading. Each hypothetical is worth 6 marks, with a maximum word count of 350 (total 12 marks and total word count 700 words for Part B). You MUST write the number of your selected hypotheticals on the title page.
You should reference your response according to your selected citation styles, as well as the additional referencing instructions set out in Part A above.
Hypothetical One
Sally is a 45 year old cis-gender woman living in Bundoora, Victoria, Australia. She has two adult children and was widowed 12 years ago after her partner died in a work-place accident. She has been spending a far bit of time online recently; in particular, she enjoys scrolling through Instagram looking at carpet cleaning videos and pictures of her friends on their family vacations.
It is not uncommon for her to spend an entire evening on the couch scrolling through Instagram.
In February 2023, she was eating dinner and watching a particularly dirty carpet being cleaned on Instagram when she received a request to allow someone to follow her page. She didnt recognise the name; however, the persons picture seemed very familiar to her, so, assuming that she knew the person somehow, she approved their request. Almost immediately, Harry Hockey messaged her, complementing her garden, which was the feature of many of her Instagram posts. The two of them hit it off, and they began messaging regularly. It wasnt long before Harry declared his feelings for Sally, which Sally had to admit were reciprocated. The two continued to talk for several months, until Harry finally asked to meet Sally in May 2023.
Sally had told her adult daughter, Wendy, about Harry for the first time in April 2023. Wendy was concerned that the two of them had been talking so intently Sally admitted to Wendy that she had received warnings at work for being on her phone when she should have been serving customers at the bank where she works Fava Bank. Wendy told Sally that she believed Harry may have been trying to scam her, but Sally just brushed off the warnings. Wendy again warned Sally in May 2023 after Harry had suggested that they meet she was particularly concerned because he had requested that Sally pay for flights to Thailand to come and visit him when he was at a conference. Again, Sally dismissed Wendys concerns, telling her that she worries too much, and it was her money and she could do what she wanted with it. Wendy did not bring up her concerns again, instead prioritising spending conflict-free time with her mother.
In June 2023, after Sally had purchased a return ticket to fly to Thailand for a week, as well as accommodation for herself, she received a message from Harry telling her that he wouldnt be able to meet her after all as his conference had been cancelled and he could not afford to travel to Thailand on his own. Sally was devasted and offered to purchase Harrys ticket for him. At first,
Harry refused, but after Sally insisted he agreed and thanked Sally for her generous offer. He suggested that Sally transfer him the money as it would be easier for him to purchase the ticket. Sally was a bit hesitant, but she trusted Harry, so she transferred him $1500 for flights and asked him to send her a copy of his flights once he had purchased them. A few days later, on 15 June 2023, she received a fuzzy photograph of tickets purchased under the name of Harry H. Hockey for the UK to Thailand, via the UAE. Harry would land in Thailand on 19 June 2023, the same day as Sally.
In the days leading up to their trip to Thailand, Sally, who was growing excited and nervous, was spending an increasing amount of time video chatting with Harry. Harry would often have his camera turned off because, as he told Sally, it was late at night in the UK when they would talk. Harry would often call Sally when he knew she was at work, but Sally didnt mind. Harry told Sally that he enjoyed the sound of her voice as she was talking with customers, so Sally would simply leave the video call on while she was at her desk serving customers. Although she was careful to face the camera towards her own face, there were times where Harry would have been able to see her computer screen while she was working.
Sally packed and left for Thailand on 19 June 2023, landing in Phuket the same day, a few hours before Harry was due to land. Sally decided to go to the hotel, get settled in and freshen up for Harry so when he arrived at the hotel she could greet him in a nice outfit. However, as soon as Sally put her bag down on the bed in her room, she received a message from Harry telling her that he was stuck in UAE because customs had prevented him from getting on the second leg of his flight. Sally was devastated what could she do? Thirty minutes later, she received a phone call from Harry (via an unknown number) telling her that he had managed to sort out the issue with customs but he had missed his flight. He asked if she could send him some money to purchase a new flight to Thailand. Sally was a bit annoyed, but she had come this far so she agreed and sent him $2000 for a new flight. Harry sent her a screenshot of his new flight information, which meant that he was scheduled to land in Phuket at 8am the following morning. Sally decided to get an good night sleep so she would be up early to greet Harry in the morning. But Harry never showed Sally messaged Harry consistently over the next few days while she was staying at the hotel and Harry kept making excuses as to why he was delayed. After 3 days, he stopped responding, and Sally realised that he was not coming. At first she thought he had gotten cold feet, but after a phone call with Wendy, who reminded Sally of her concerns, she had to admit that she had been scammed.
Sally cried much of the last few days of her trip, feeling hurt and a little bit silly. She also reported Harrys account and scam to the bank, but she was aware it was unlikely she would get her money back. Things got worse for Sally when she returned to work on 26th June to discover that the bank had been hacked and money had been transferred from customers accounts to accounts in the UAE, UK and Switzerland. After investigation, it was discovered that many of these accounts were for customers Sally had served while she was video chatting with Harry. Sally was promptly fired from her job at Fava Bank.
Questions:
According to Sorell and Whitty (required reading, week 4), how responsible is Sally for being scammed by Harry?
What articles of the Budapest Convention on Cybercrime are enlivened by Harrys actions? Give reasons for your answer.
What Australian federal laws have been enlivened by Harrys actions? You do not need to apply these laws (i.e. prove that all the elements of the law are present) but identify the relevant law and explain why it may be applicable. You should focus on the Criminal Code Act 1995 (Cth) as a starting point to answering this question, but there may be other relevant federal statutes.
Hypothetical Two
Following Sallys termination from Fava Bank, she became depressed and anxious, and had trouble leaving the house. As of September 2023, Sally spends roughly 98% of her time inside her home, only leaving once a month to complete errands that cannot be done online. Sallys other adult child, Mavis, is very upset and angry about Sallys situation, blaming Fava Bank for firing her mother rather than providing more digital literacy training about scams, hacking and online fraud.
Unlike her mother, Mavis (who is 22) is very adapt with technologies and spends a lot of time engaging in cyber protests, vigilante actions and hacktivism. Mavis has eight close online friends who she often works with, Fria, Harty, Kitty, Wanda, Rosie, Eugene, Taya and Max. Her friends were also outraged about Sallys treatment by Fava Bank when Mavis told them, and together they decided to take action against the Bank.
On 17 September 2023, Fria, Kitty, Wanda and Rosie launched a digital sit-in, where they used a virus to continually enter Fava Banks URL multiple times a second, which overloaded the Banks server and preventing customers from accessing the banks websites and logging into their accounts. Meanwhile, Harty, Eugene, Taya and Max hacked into Fava Banks servers and deleted details of customers and employees although Harty, Eugene and Max were careful not to touch customers money or prevent customers from being able to access their funds once the banks website was available again. Their intention was not to punish innocent customers, but to cause chaos for Fava Bank. However, Taya decided to go a bit further and, while they were hacked into the bank, she changed the passwords of several customers accounts (who had very high bank balances). On 18 September 2023, she emailed these customers, telling them that she would release their accounts and tell them the new password if they paid her a ransom.
Mavis was meant to assist Harty, Eugene, Taya and Max hack into Fava Banks servers; however, unbeknownst to them, she decided to take more serious action against her mothers former HR manager, Bruce. In Maviss mind, Bruce was the person most responsible for her mothers deteriorating mental health. While her friends were busy hacking into the Banks servers, Mavis launched a cyber attack against the Sweet Sunshine Retirement Home, where Bruces mother was living following a stroke a few months prior. Mavis hacked into the electrical grid powering the Retirement Home, shutting of its power and preventing the back-up generators from being activated. Sweet Sunshine Retirement Home was without power for three hours, and as a result, 3 residents passed away as medical equipment which was essential for their health was not able to run. Bruces mother, however, survived the attack.
Questions:
Are Fria, Harty, Kitty, Wanda, Rosie, Eugene, Taya, Max and Mavis an organised criminal group according to the United Nations Convention Against Transnational Organised Crime? Why/Why not?
What articles of the Budapest Convention on Cybercrime are enlivened by this scenario? Give reasons for your answer.
What Australian federal laws have been enlivened by these actions? Consider each of the actions of the group separately. You do not need to apply these laws (i.e. prove that all the elements of the law are present) but identify the relevant law and explain why it may be applicable. You should focus on the Criminal Code Act 1995 (Cth) as a starting point to answering this question, but there may be other relevant federal statutes.
Hypothetical Three
Prior to February 2023, Mavis had engaged in online activism with a man called Stewart, whom she had been online friends with for a number of years. Stewart had been the 10th member of her activist circle of friends, which consisted of Fria, Harty, Kitty, Wanda, Rosie, Eugene, Taya, Max, Stewart and herself. Stewart had also been alternative and radical, yet over 2021 and 2022, Mavis and her friends had noticed that Stewart was spending even more time online than them (which was saying something) and was starting to make racist and sexist comments about other people, and then towards his friends. The last straw came when Stewart called Kitty a fucking black whore who should be raped, enslaved (an obvious call back to her AfricanAmerican heritage) and forced to stay in the kitchen. Following this incident, Stewart was kicked out of the group of friends and neither Mavis nor her friends ever spoke to him again.
Or so they thought Harty had actually maintained a relationship with Stewart because they shared an interest. Both Harty and Stewart were participants in a network on the dark web which distributed child pornography. This network was dedicated to a specific kind of child pornography deepfake images of children engaged in sexual acts. These images were meant to be generated independently of any real images of individuals (CGI child pornography in which no actual child is filmed or photographed); however, both Harty and Stewart had used images of their online friends, Fria, Kitty, Wanda, Rosie, Taya and Mavis, to create deepfake child pornography in their likeness.
In October 2023, following the cyber action against Fava Bank and Sweet Sunshine Retirement Home, Mavis was alerted to Harty and Stewarts actions by another friend who often engaged in cyber-vigilantism against individuals who engaged in grooming and/or distributed child pornography. Mavis hacked into Stewarts computer whose cyber security systems were lacking and discovered the extent of his engagement. She was particularly concerned about communication between Stewart, Harty and two 14 year old girls, who it appeared they were grooming. They had arranged to meet up with the girls in a couple of days time. Mavis decided to act she launched a virus she had designed which allowed her to hack into Stewarts and Hartys computers and lock them out. Apparently both Stewart and Harty were comfortable enough to click on a link in an email she sent them and bingo! She was in, and her virus infected their computers and prevented them from logging on. She threatened to turn them into the police if they continue to engage in this conduct. She also decided she deserved to be paid for all of her hard work and told Stewart and Harty that she would progressively delete their data (starting with their child pornography) unless they paid bitcoin into her digital wallet. Both Harty and Stewart paid her an equivalent of $10,000 each in bitcoin. However, before she released their computers from the virus, she deleted all of their child abuse images and videos.
Questions:
According to the definitions provided in Kosseff and Romagna, could the actions of Mavis be considered hacktivism and/or cyber-vigilantism?
What articles of the Budapest Convention on Cybercrime are enlivened by this scenario? Give reasons for your answer.
What Australian federal laws have been enlivened by these actions? You may need to consider the actions of Mavis, Stewart and Harty separately. You do not need to apply these laws (i.e. prove that all the elements of the law are present) but identify the relevant law and explain why it may be applicable. You should focus on the Criminal Code Act 1995 (Cth) as a starting point to answering this question, but there may be other relevant federal statutes.
PART C
Below are three sets of questions requiring you to REFLECT on your learning in LAW5CYC. You must answer ALL questions. Part C is worth 8 marks and maximum word count is 300 words.
During LAW5CYC, you have received feedback on your oral presentation and research paper, as well as feedback from your seminar leader and peers during class as you engaged with materials and activities. Reflect on some feedback you have received during LAW5CYC. How have you integrated this feedback into your learning and assessments? Do you think this feedback will improve your outputs (your assignments)?
Reflect on what you have learnt in LAW5CYC. What is one thing you have learnt in this subject? Do you think this new piece of knowledge will be valuable for the remainder of your studies?
What is one thing you are proud of regarding your participation in LAW5CYC? Why?
4. Assessment criteria
The assessment criteria for the take home assignment (for A-grade work) are:
English expression: The document is written in correct, clear and concise English. Each sentence is grammatically correct and properly punctuated. Every word is corectly spilt. The document articulates clear and distinct ideas in clear and direct prose. It is clear what point is being made in each sentence.
Relevance: The document is relevant to the question posed. It answers the question and addresses the issue(s) raised. The document shows insight into the scope and nature of what the question requires.
Structure: The document has a clear, comprehensible and appropriate structure. The different parts of the document have a clear interrelationship. The document proceeds in a logical way, stage by stage, through the various issues.
Exposition: The document clearly, accurately and fairly expounds relevant texts and issues. It shows a sound and insightful comprehension of those texts and issues.
Understanding of issues: The document shows breadth and depth of understanding of the relevant issues. It shows insight as to what the problems are, including their contexts and implications.
Logical reasoning and critical discussion: The document presents clear and logically cogent arguments for the positions it takes. It presents appropriate critical analyses of the relevant materials and issues that show the genuine strengths and/or weaknesses of the relevant positions.
Independent thinking: The document displays independent thought. It does not show signs of being largely derivative of, and dependent on, other works and sources.
Communicative effectiveness: The document displays a clear understanding of its audience(s) and the relationship between the author and the audience. It demonstrates a clear grasp of its fundamental purpose in relation to its audience (e.g. persuasion, providing information, etc) and uses appropriate means to achieve that purpose. The document is concisely written within the word limit imposed.
Acknowledgment of sources: All sources are appropriately and adequately cited. All citations follow the specified citation style, i.e. AGLC4 or others.
Compliance with instructions: The document complies with all instructions (e.g. submitted on time, within the word length, with the correct title page, etc.).
The full assessment rubric for the take-home assignment is to be found in the Take Home Assignment Instructions.
5. How Much is the Take-Home Assignment Worth?
The take-home assignment is worth 40% of the final marks in this subject.
6. Citation style
Your take-home assignment answers must follow one of following citation styles:
Australian Guide to Legal Citation 4th edition (AGLC4);
APA 7;
Oxford footnoting style.
7. Bibliography/Reference List
You MUST include a bibliography or reference list. Include in your bibliography or reference list all sources cited in your paper as well as any works used in the preparation of your paper. There are no points to be gained by having a padded bibliography or reference list.
The bibliography/reference list does not count toward the word count.
The bibliography/reference list must follow either the:
Australian Guide to Legal Citation 4th edition (AGLC4);
APA 7;
Oxford footnoting style.
8. Individual work only
All work must be your own individual work. No group work is permitted. Collusion with any other person, whether a fellow student or other, will count as academic misconduct. You are not permitted to use artificial intelligence (AI) technology, such as Chat GTP, to assist you with this assignment.
9. Title page
Your submitted document must have a separate title page. The title page must contain the following information:
the subject code and name, and year;
your name and student number;
assessment task number and title questions answered for Part B;
word count.
Heres an example of a title page:
LAW5CYC
International Cybercrime
2023
Student: Briony Waters
Student ID no: 12344321
Assessment task no. 3: Take home assignment
Questions answered in Part B: Q 2 & Q 3
Word count: 1996 words
10. Formatting of your take-home assignment document You must make sure that your take-home assignment answers:
are typed using Times New Roman font, 12-point size, black; and
are 1.5 or double-spaced; and
has consecutively numbered pages.
