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12 February 2016 / Rebecca Dix
Issue: 7686 / Categories: Features , Profession , Criminal
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Beyond reach?

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Rebecca Dix reports on government attempts to tackle escalating cyber-crime

When a person or organisation has been a victim of online crime the responsibility falls to the enforcement agencies to act appropriately. The current investigatory laws available to the enforcement agencies lie within various statutes made over the last 19 years. These include the: Regulation of Investigatory Powers Act 2000; Police Act 1997; Justice and Security Act 2013 and the Data Retention and Investigatory Powers Act 2014 (DRIPA 2014).

DRIPA 2014 was an emergency statute made as a consequence of a declaration of invalidity made by the Court of Justice of the European Union in relation to Directive 2006/ 24/EC—the Directive that governs the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks.

Some of the key elements of DRIPA seek to address the retention of certain communications data and the grounds for issuing interception warrants. With it being a temporary measure the shelf life of DRIPA 2014 expires on 31 December

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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