"The law isn't justice. It's a very imperfect mechanism. If you press exactly the right buttons and are also lucky, justice may show up in the answer. A mechanism is all the law was ever intended to be."
Thursday, December 17, 2009
- tAkE hOmE tUtOr!aL -
Question:
a) Andrew is a computer science attached 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 Microhard 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 friend at University, to whom he also sent emails telling bad things about his manager. Advise Microhard Corporation on various potential liabilitites of Andrew from the above incident, with reference to various cybercrime laws applicable in Malaysia.
Answer:
Issue 1
Crack the company's information system but did not do anything afterwards.
Cracking is also known as hacking.It is also can be define as unauthorize access.
According to Computer Crime Act 1997 under section 3(1):
A person shall be guilty of an offence if (a) he causes a computer to perform any function with intent to secure access to any program or data held in any computer; (b) the access he intends to secure is unauthorized; and (c) he knows at the time when he causes the computer to perform the function that that is the case.
A person shall be guilty of an offence if (a) he causes a computer to perform any function with intent to secure access to any program or data held in any computer; (b) the access he intends to secure is unauthorized; and (c) he knows at the time when he causes the computer to perform the function that that is the case.
By virtue of this provision, the following acts are prohibited:
–Unauthorized access to computer, computer system and computer network
–Recreational hacking!
–Computer cracking to explore loopholes in the system
–System intrusion
–System and e-mail spoofing
The section also stating that if a person found guilty under this section,he or she can be fine maximum RM50,000 or 5 years imprisonment or both.
Issue 2
Intrude into Microhard Corporation's website system and then posted his picture on the front page of the website and left his mobile number below his picture.
By posting his picture and left his mobile number on the front page of the Microhard Corporation's website,he had done an unauthorized modification to the company's website.
According to the section 5(1) under CCA 1997:
A person shall be guilty of an offence if he does any act which he knows will cause unauthorized modification of the contents of any computer.
By virtue of this provision, the following acts are punishable offences:
–Unauthorized alteration, amendment and modification of data
–System intrusion and sabotage
–Website defacing
–System and website destruction
–Spreading virus that may cause data alteration or system destruction
Person who found guilty under this section will be fine maximum RM100,000 or 7 years imprisonment or both.However,if the act is done with further intention of causing injury,the guilty person can be fine up to RM150,000 or 10 years imprisonment or both.
Issue 3
Leaked the company's system access code to his friend.
Sharing company's system code to a friend who is outside the company can also be defined as wrongful communication of access code.
According to section 6(1) under CCA 1997:A person shall be guilty of an offence if he communicates directly or indirectly a number, code, password or other means of access to a computer to any person other than a person to whom he is duly authorized to communicate.
With this provision, it is clearly an offence for any person to let unauthorized people know any means of access to a computer system (in the form of number, code, PIN, passwords, etc.). This provision is very important to ensure the confidentiality and integrity of an information and data stored in the computer system.
Person who found guilty under this section can be fine maximum RM25,000 or 3 years imprisonment or both.
Issue 4
Sent emails telling bad things about his manager.
It is not good to talk bad about other people.As a human being,no one likes to be talked badly about themself.
According to the Communication & Multimedia Act 1998 under section 211:
It is an offense for any person who by means of any network facilities or network services or applications service knowingly
–makes, creates or solicits; and
–initiates the transmission of,
–any comment, request… which is offensive in character,
–with intent to annoy, abuse, threaten or harass another person.
It is an offense for any person who by means of any network facilities or network services or applications service knowingly
–makes, creates or solicits; and
–initiates the transmission of,
–any comment, request… which is offensive in character,
–with intent to annoy, abuse, threaten or harass another person.
Person who found guilty under this section can be fine RM50,000 or 1 year imprisonment or both.
source: Cyber Crime powerpoint slide by Sir Sonny Zulhuda
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