Wednesday, December 16, 2009

tutorial

QA. Andrew is a computer science student 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’s Corporation’s website system and then posted his picture in 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 investigation, it wad also revealed that Andrew had previously leaked the company’s system access code to his friends at University, to who he also sent emails telling bad things about his manager. Advise Microhard Corporation on various potential liabilities of Andrew from the above incidents, with reference to various cybercrimes laws applicable in Malaysia.

answer A.

Andrew manage to cracks the company’s information system but did not do anything afterwards.
- this case falls under unauthorized access to computer materials. even though he doesnt do anything on the company's information, but still accessing without authorized are consider criminal. Andrew are against the Computer Crimes Act 1997 (section 3(1) and can be punish as maximum RM 50,000.00 fine or to 5 years imprisonment or to both.

Andrew managed to intrude into Microhard’s Corporation’s website system and then posted his picture in the front page of the website and left his mobile number
- this case falls under unauthorized modification of the content of any computer. The applicable law would be CCA s.5 (1) which the punishment will be fined up to RM 100000 or up to 7 years imprisonment or both.

Andrew had previously leaked the company’s system access code to his friends at University, to who he also sent emails telling bad things about his manager
- falls under wrongful communication, leaking private data to third party CCA s.6(1) which the punishment will be fined up to RM 25000 or up to 3 years imprisonment or both.

QB. 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 practise by the travel company. Advise her on both criminal and data protection aspects.

Answer B.

spamming or misuse customer data is one of the crime that falls under Communications & Multimedia Act 1998. If found guilty, the travel companies would face fine up to RM50000 or imprisonment up to 1 year or both.

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