Andrew is a computer Science student with Microhard Corporation in Cyberjaya as a practical trainee. One day he managed to crack the company’s information system but did not do anything afterwards. The following day he also managed to intrude into Microhand Corporation’s website system and then posted his picture on the front page of the website and left his mobile number below his picture, hoping that someone will call him and make friends. Subsequently his phone rang, but unfortunately it was his training manager who called and later warned him that actions will be taken. Upon investigations, it was also revealed that Andrew had previously leaked the company’s system access code to his friends at University, to whom he also sent emails telling bad things about his manager. Advise Microhand Corporation on various potential liabilities of Andrew from the incidents, with reference to various cybercrime laws applicable in Malaysia.
AnswerA
Issue 1: Crack
Andrew is a computer Science student with Microhard Corporation in Cyberjaya as a practical trainee. One day he managed to crack the company’s information system but did not do anything afterwards.
Andrew already against the Computer Crimes Act 1997, within the first category, the CCA criminalizes the acts of unauthorized access (section 3(1)). The rapid emergence of computer technologies has spawned a variety of new criminal behaviors and an explosion in specialized legislation to combat them. He encompasses offenses against intellectual property and other crimes that do not fall within traditional criminal statutes. Even though Andrew do crack just for fun but not any benefits, but he already the action already against the law and will be punish as maximum RM 50,000.00 fine or to 5 years imprisonment or to both.
Issue 2: Intrusion into others privacy
The following day he also managed to intrude into Microhand Corporation’s website system and then posted his picture on the front page of the website and left his mobile number below his picture, hoping that someone will call him and make friends.
Unauthorized for accessing others website and change the information on the website is an illegal action. Hacking a person’s website, no matter how soft the security may be, is still a crime. Updating their target’s kill board to reflect the actual outcome of a battle does not justify breaking the laws concerning computer security. If you are driving your car and you are exceeding the speed limit, does the fact that you are violating the traffic laws become less a illegal if the cop behind you does not pull you over and issue a speeding citation? The punishment for this section will be a maximum of RM 100,000.00 fine or to 7 years imprisonment or to both. However if the act is done with further intention of causing injury, it can be punished up to RM 150,000.00 find or 10 years imprisonment or both.
Issue 3: Disclosure confidential information
Upon investigations, it was also revealed that Andrew had previously leaked the company’s system access code to his friends at University, to whom he also sent emails telling bad things about his manager.
Andrew had offended the law on Computer Crimes Act 1997 in section 6(1), which is leaking private data to third party. I remembered that there was a new about a Hong Kong artist, whom he bring him laptop for repairing. During the repair period, the technician stole the Hong Kong artist private data inside the laptop which is “sexuality” pictures and expose to the world. According to the FBI, laptop theft is the second most common computer crime and less than 2 percent of those stolen laptops are ever recovered. Four in five (81%) of US firms have had at least one laptop stolen containing sensitive information according to a recent study.
Unfortunately the data that is on these laptops isn’t just corporate data about the inner working of the business who owned it, but the personal details about people like you and me. The data that has been exposed on these laptops over the last 2 years has been (and not limited to) full name, address, age, social security number, credit card number, photos, financial data, digital signatures, full bank accounts details and other personal details. This data, if it falls into the wrong hands could be used to apply for credit cards or loans under false names by identity thieves.
This punishment under this act will be a maximum Rm25, 000.00 fines or a 3 years imprisonment or both.
QuestionB
Meera has been receiving emails from travel companies that keep offering her holiday packages to various places in the world. She replied to the senders to stop emailing her, but only to find that the emails keep coming and flooding her inbox. She came to you to on the legal aspects that may arise out of this practice by the travel company. Advice her on both criminal and data protection aspects.
AnswerB
Issue 1: Improper used on networking
Travel company’s e-mails keep coming and flooding her inbox
Pressure to make e-mail spam illegal has been successful in some jurisdictions, but less so in others. Spammers take advantage of this fact, and frequently outsource parts of their operations to countries where spamming will not get them into legal trouble. This punishment is imprisonment of maximum 1 year or fine of maximum RM 50,000 or both.
No comments:
Post a Comment