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Computer CRIME - TUTORIAL 2

This document provides details of a case involving Mike, a former employee of Asia.net who improperly accessed the company's systems after leaving the company. After resigning, Mike used his retained email account to access another employee's account and modify discount information to obtain computer software at reduced prices. When discovered, the company suffered a $5,000 loss. Mike later deleted the company's entire billing system, causing significant damage and requiring extensive repairs. The director of Asia.net seeks advice on taking legal action against Mike under the Computer Crimes Act.

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187 views3 pages

Computer CRIME - TUTORIAL 2

This document provides details of a case involving Mike, a former employee of Asia.net who improperly accessed the company's systems after leaving the company. After resigning, Mike used his retained email account to access another employee's account and modify discount information to obtain computer software at reduced prices. When discovered, the company suffered a $5,000 loss. Mike later deleted the company's entire billing system, causing significant damage and requiring extensive repairs. The director of Asia.net seeks advice on taking legal action against Mike under the Computer Crimes Act.

Uploaded by

NBT OO
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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TUTORIAL 2

1. Name five (5) possible criminal activities commonly known as “emerging computer
crimes” in the cyberspace.

(2016/2017 Final Examination Question)

2. Mike was employed as the personal computer administrator for Asia.net, an Internet
Service Provider. His duties included installing software and hardware on the company’s
computers and giving technical support to the company’s employees. As part of his work
he knew detailed information about the company’s internal computer system, including
passwords of e-mail accounts of other employees. After resigning from his job he was
allowed to keep his e-mail account with Asia.net as a paying customer.

Upon leaving Asia.net he used his e-mail account to switch to another employee’s
account to enable him to make unauthorized use of benefits and advantages given to
company employees. This included adjusting some information relating to discounts
entitled for existing employees in case they wish to purchase computer software. When
this was discovered, the company had realised that they suffered RM5,000.00 loss of
profit from the discounts thus immediately terminated his e-mail account. However, he
again was able to access the Asia.net system, causing considerable chaos by deleting the
company’s entire billing system and its registry. After spending many hours of effort and
funds the company was able to repair the damage.

The Director of Asia.net seeks your advise as he wishes to bring an action against Mike.

(Total: 25 marks)

Mike was unauthorized user as he enter into Asia. Net employee acc. He is deemed to be
unauthorized access when he accurue benefits and advatages from the information that he
obtains. In the instance case, he modify discount information, which give him the privilege in
purchasing cheap computer software from Asian. Net.

Whether the company can take legal action against Mike under the CCA. (general)

S.4(1)
ANSWER

Whether there is unauthorized access on the part of Mike in entering Asia.Net employee account.

S.3 of CCA spelled that any person who enter and secures access to any program or data without
authorization was under the ambit of unauthorization access. S.2(5) it is consider unauthorized if
he is not entitled to control access of the kind in question to the program or data.

In satisfy section of the CCA there few elements to satisfy which is to casue a computer to
perform any function, at the time of entry into the computer system have intent to secure access,
the access is unauthorized and he must have knowledge to do so.

In the case of DPP V Bignell, the court ruled that if you don’t have the authorization to entre you
are entering unauthrised. Moreover in R v Bow Street Metropolitan Stipendiary Magistrate
[2002] the court spelled that the employee was indeed having the intention to cause a computer
to give her entry to data which she was not authorized to do so.

Applying DPP case to the instance case, Mike in his action of access the Asian data accompany
was clearly accompany with intention to secure such data and modify it. Mike was in the mean
of unauthorisation as he secretly save the employee information for his future use. Moreover
Applying Bow street case to the instance one, it emphasis the need to cause the computer to
perform any function and the intention of accessing it. This requirement was satisfy by Mike
action as he use other email account to get access with what he was unauthorized to do so.

Hence there is unauthorization by Mike in entering Asia.Net employee account.

Whether Mike had modify Asian Net discount information.

S.5 of CCA spelled that any person who modify any information on computer data he shall
deemed to have offence under this act.

In Deputy Public Prosecutor v Amar Asyraf bin Zolkepli [2020], respondent has obtain a
computer software which enable to access the Immigartion Department data without using
password. biometric which are the password or finger print. The respondent then provided the
software to a syndicate that used the software to access such information. Later the court charges
the respondent under S.5 of CCA. Moreover in PP v Ahmad Zakri Raman [2017], an assistant
Registrar at Malacca National Registration Department (JPN) was accused of hacking the
National Population Records Information System (SIREN) by altering the citizenship status of
all indivuduals. Later he was charged under S.5 of the CCA and pleaded guilty as well.

Applying Amar Asyraf to the instance case, Mike indeed modify the discount information for the
purpose of his own benefits. His action in modifying such data have cause Asian Net to suffer
loose. It is clear that Mike act come within the meaning of s.5 OF CCA for unauthorized
modification as he have the knowledge that he have no right to accrue benefits for himself and
the access is unauthorized.
Therefore there is an unauthorized modification on the part of Mike.

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