Indicative Law Essay Titles Please choose ONE 1. Critically discuss the investigation and prosecution of on-line child abuse crime in the UK. Your discussion should include a comparison with the investigation and prosecution of on-line child abuse crime in one other country. Marks are awarded for: • Knowledge of changing methods of assessing seriousness of on-line child abuse, for example, the change from the COPINE Index to the Sentencing Council’s Sexual Offences Definitive Guidelines. • Ability to describe a typical on-line child abuse investigation including reference to use of commonly accepted computer forensics tool/s, for example, En Case. • Knowledge of key legislation providing for on-line child abuse offences. • Ability to critically compare effectiveness of methods for investigating and prosecuting on-line child abuse offences in the UK and one other country. 2. The Computer Misuse Act 1990 provides several offences involving the use of computers. In 2006 the Act was amended by sections 35-38 of the Police and Justice Act 2006. Discuss the offences under the Computer Misuse Act 1990 and the 2006 amendments. Your discussion must include critical assessment of the Act in light of new computer technologies and the realities of computer crime investigative methodologies. Marks are awarded for: • Ability to describe the offences created by the Computer Misuse Act 1990. • Ability to differentiate between the various offences created by the Act. • Demonstrating practical effect of the offences created by the Act • Identification of difficulties for application of the Act taking account of new computer technologies and computer crime investigative methodologies 3. Discuss the European Convention on Cyber Crime; what is it and how effective is it? Your answer should include suggestions for improving the Convention and whether you believe the UK would benefit from adherence to it following exit from the EU. Marks are awarded for: • Identifying the crimes addressed by the European Convention on Cyber Crime • Ability to identify the key aims of the European Convention on Cyber Crime • Critical analysis of the effectiveness of the European Convention on Cyber Crime and any rationale for continued adherence to it. Identifying areas where the Convention might be improved and suggestions for improvement. 4. Describe the structure and functioning of the UK legal system taking into account the part played by the EU. Your discussion must also include critical commentary on the UK Supreme Court and whether you believe the UK is better off governing its own legal affairs or not. Marks are awarded for: • Demonstrating awareness of the UK court structure • Identification of the status of the UK court system in the wider European judicial context • Ability to critically assess the role played so far by the UK Supreme Court • Ability to critically assess the effectiveness of UK courts in application of ECHR principles. 5. Computer fraud is said to have so many varieties that it defies definition. Select three forms of computer fraud; describe how these frauds are conducted and how they might be prosecuted in the UK. Marks are awarded for: • Demonstration of awareness of varieties of computer fraud • Knowledge of relationship of computer fraud to relevant legislation • Ability to critically assess the effectiveness of relevant legislation in the prosecution of computer fraud 6. Write about on-line piracy in the UK and the US; what type of property is stolen through on-line piracy and how do courts in the UK and US deal with offences involving on-line piracy? Marks are awarded for: • Demonstration of awareness of types of on-line piracy • Knowledge of relationship of on-line piracy to relevant legislation • Ability to critically assess the effectiveness of relevant legislation in the prosecution of computer fraud • Knowledge of US law relating to offences of on-line piracy 7. Your friend Jane tells you that every day for two months she has been receiving text messages to her mobile phone; the messages say Jane is disgusting and ugly and include threats to come around and beat her up. What advice would you give Jane and what is the protection offered under UK law? Would your advice be different if Jane had received one such message? Marks are awarded for: • Awareness of the legislation for the prosecution of on-line harassment • Ability to relate the legislation to the particular aspects of the behaviour directed at Jane • Ability to critically assess the effectiveness of relevant legislation in the prosecution of on-line harassment and associated offences 8. Discuss and critically assess the continued importance of the Association of Chief Police Officers (ACPO) Guidelines for the investigation of computer crime. Marks are awarded for: • Identification of the key areas addressed by the ACPO Guidelines • Identification of contemporary forensics software within contemplation of the ACPO Guidelines • Awareness of human capabilities concerning the effectiveness of the ACPO Guidelines • Ability to critically analyse the effectiveness of the ACPO Guidelines with regard to contemporary computer phenomena associated with crime. 9. Discuss the legal and practical implications of the case of Jones v Kaney UKSC [2011]for professionals acting as expert witnesses in UK courts. Marks are awarded for: • Understanding of the treatment of expert witness whose behaviour fell beneath that expected from expert witnesses in UK courts prior to Jones v Kaney. • Ability to describe the facts and effects of the Jones v Kaney case for expert witnesses working in UK courts. • Critical analysis of the implications of the Jones v Kaney case for expert witnesses working in UK courts. 10. Discuss the practical and legal implications for computer scientists or software developers with regard to the work they produce and/or market following the case of Kingsway Hall Hotel Ltd. v Red Sky IT (Hounslow) Ltd. [2010] EWHC 965 (TCC) (06 May 2010). Marks are awarded for: • Understanding of the treatment of software developers and others, such as computer scientists, whose products failed to match the expectations of users prior to the London Kingsway Hotel case. • Ability to describe the facts and implications of the London Kingsway Hotel case for software developers and computer scientists. • Critical analysis of the implications of the London Kingsway Hotel case for software developers and computer scientists. 11. The Computer Misuse Act 1990, section 3ZA provides, for example, for wrongful actions effecting the environment. Discuss the new offence and include critical assessment in light of the ability of computer professionals to adversely affect major aspects of life. Marks are awarded for: • Ability to describe the offences created by s. 3ZA of the Computer Misuse Act 1990 • Demonstrating practical effect of the offences created by s. 3ZA of the Act • Identification of difficulties for application of the Act taking account of computer technologies, computer crime investigative methodologies • Recognition of possible political and economic inhibitors of s.3ZA. Marking criteria for the essay are displayed in the table now following: Essay Marking Sheet CTEC 1412 Law Student’s Name: Criteria 0-40% 40-50% 50-60% 60-70% 70-80% 80-90% 90-100% Depth of knowledge Critical Analysis Use of appropriate case law Language Focus on question Referencing Conformance with academic style Appreciation of relationship of technological outcomes with legal requirements