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Cyber fraud: a question of trust

24 November 2017
Issue: 7771 / Categories: Features , Data protection , Criminal
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Robin Barclay explains why the cyber fraud landscape is on par with the Libor & Forex scandals

Cyber fraud is without doubt the biggest commercial and legal threat now facing businesses and individuals around the world. Attacks are typically carried out in four ways: (i) the corruption or coercion of staff (inside jobs); (ii) the use of malware to hijack a corporate computer network; (iii) the hijacking of computer systems used by third party suppliers; and (iv) ‘phishing’ scams. The risk is interdependent, local and cross-border, commercial, financial and personal to virtually each one of us. Adequate and effective corporate governance and risk management arrangements are thus paramount. This article explores the intersection of English criminal, regulatory and civil liabilities and remedies in connection with cyber fraud and how cyber attacks will inevitably generate financial penalties and litigation matching those of the global Libor and Forex scandals.

Differentiating cyber crime from cyber fraud

Cyber crime is any crime which involves the use and misuse of computers or computer technology. Cyberfraud is specific to

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NEWS
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Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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