Computer Crime in Ireland : A critical assessment of the substantive law

Irish law on computer crime is an afterthought. The principal offences in this area are
contained in the Criminal Damage Act 1991 and the Criminal Justice (Theft and Fraud
Offences) Act 2001: in both cases, the offences have been tacked on to an Act whose
primary focus is elsewhere, and in both cases the drafting reflects this lack of attention. In
addition, the offences are beginning to show their age: recent technological developments
have resulted in new threats and responses which do not fit easily into the existing law.
Some reform of the law is overdue, and in any event will be necessary if Ireland is to
implement the Council of Europe Convention on Cybercrime and the (proposed) Council
Framework Decision on Attacks Against Information Systems. This article looks at the
substantive law relating to computer crime with a view to identifying problems which
currently exist, flagging some developing issues and offering some suggestions for
reform.2.