AQA A-Level Computer Science Paper 2, June 2025: Question 4

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04 Marks are AO1 (understanding) 3

1 mark per issue that is explained.

Writing laws

Technology evolves quickly (so difficult for law to keep up with changes) // new

types of crime become possible // future problems may not be understood //

technology may be used for an unintended/unanticipated purpose;

Legislators may lack technical expertise;

Technology companies (can use their wealth) to lobby for their own interests //

concern over influence of companies on legislators;

Difficult to balance needs of individuals/privacy and state/protection of society;

NE. users entitled to/expect privacy

Enforcing laws

Global nature of Internet means crimes may be committed in one country from

outside its direct jurisdiction // laws are often national/local whilst the Internet is

global // digital crime can be committed from a great distance // different countries

have different laws;

Some crimes may be committed by states rather than individuals;

Electronic evidence may be harder to gather than physical evidence // can be

harder to identify culprits online;

A. an example of a system that makes it harder to identify culprit eg use of

proxies, encryption, VPN, computers owned by innocent individuals but controlled

by a criminal, use of peer-to-peer systems

NE. harder to catch criminals

Resources required to enforce legislation may not be available // large volume of

users/data makes it difficult/impossible to effectively monitor;

Max 3

How to answer it

Writing and Enforcing Computer Legislation

📋 What this question tests

This question assesses your understanding of the legal and ethical challenges surrounding modern computing (Section 3.8: Consequences of uses of computing). Specifically:

The friction between rapidly advancing technology and static legal systems (writing laws).
The jurisdictional and technical hurdles in policing cyberspace (enforcing laws).
Communicating clear explanations rather than stating vague assertions.

Question 04 • 3 Marks

Difficulty in Writing and Enforcing Computer Laws

"It is difficult to write and enforce laws relating to the use of computers. Explain why." [3 marks]

💡 Key Knowledge

The question splits into two distinct operational phases: writing (drafting effective legislation) and enforcing (policing and prosecution).

Challenges in Writing Laws:

Rapid technological pace: Laws take years to draft and pass; new technologies and crime vectors outpace parliamentary cycles.
Technical literacy: Lawmakers often lack in-depth technical expertise to draft precise, loophole-free laws.
Competing rights & lobbying: Reconciling state security against personal privacy (e.g. backdoors vs encryption) and countering big tech lobbying.

Challenges in Enforcing Laws:

Jurisdiction: The internet is borderless, but national laws end at state borders. Extradition and international treaties are complex.
Anonymity & Evidence: Use of VPNs, Tor, proxies, and strong encryption obscures offender identity and evidence.
State-sponsored crime: Hostile foreign states may sponsor cyberattacks, putting culprits beyond reach.

✅ Acceptable Answers (1 mark per distinct point explained, max 3)

Aspect 1: Writing Laws

Rapid evolution: Technology changes faster than laws can be drafted, leading to unforeseen crimes or obsolete statutes.
Lack of expertise: Lawmakers and legislators often lack the technical understanding needed to draft effective statutes.
Corporate influence: Powerful tech monopolies spend heavily to lobby against legislation restricting their business model.
Balancing rights: Extremely hard to balance civil privacy expectations against national security and societal protection.

Aspect 2: Enforcing Laws

Global vs national jurisdiction: Crimes can be committed in one country from another country where laws differ or extradition is impossible.
Anonymity & evidence: Culprits mask identities using VPNs, proxies, botnets, or strong encryption, making digital evidence hard to trace.
State actors: Attacks carried out or protected by foreign nation-states are virtually impossible to prosecute domestically.
Scale & resources: The sheer volume of internet traffic and encrypted data overwhelms law enforcement monitoring capacities.

🧠 Exam Technique

Use the prompt structure: The prompt explicitly pairs "write" and "enforce". To ensure maximum coverage, give at least one point about drafting legislation and at least one point about policing/jurisdiction.
Include the "why" / impact: Notice the command word is Explain. Saying "the internet is global" is just a fact; you must explain the problem: "...so offences occur outside domestic legal jurisdiction."
Name technical mechanisms: Boost answers by referencing genuine mechanisms (e.g., "anonymisation tools like VPNs or onion routing obscure IP traces").

❌ Common Errors & Misconceptions

Too vague: Stating "it is hard to catch criminals" receives Not Enough (NE) credit unless you explain why (e.g., anonymity, proxies, encryption).
Unqualified privacy claims: Writing "users expect privacy" (NE) without linking it to the legislative dilemma of balancing human rights with state surveillance.
Ignoring the "Writing" aspect: Focusing exclusively on hacking and police work, completely missing the parliamentary / legal drafting side.

Mark Scheme Breakdown: AO1 (Understanding) • 1 mark per explained issue up to a maximum of 3 marks.

Topics

4.8 Consequences of uses of computing · 4.8.1 Individual (moral), social (ethical), legal and cultural issues and opportunities