HKISPA filed its submission in response to Consultation Paper on Cyber-Dependent Crimes and Jurisdictional Issues.
(i) On “possession of ransomware or viruses”, the HKISPA strongly requests further clarity on “reasonable excuse”, and recommends amendments to require actual criminal acts as conditions for conviction rather than simply by mere possession.
(ii) On “intentional interference”, HKISPA requests that ISPs be explicitly exempted, unless dishonest or criminal acts were found.
(iii) On “interception”, HKISPA requests that ISPs should be explicitly exempted, unless dishonest or criminal acts were found.
(iv) We also suggest a framework to qualify what is legitimate “cyber security operations/purposes”.