:: TUTORIAL ::

a) 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.

In this issue, Andrew has intentionally misuse the computer that resulted harmful to others. There are a few charges that can be enact against Andrew using the Computer Crimes Act 1997.

CASE 1

Andrew cracks the company’s information system but did not do anything afterwards.
The applicable law can be enforced in CCA s.3(1) which falls under unauthorized access to computer, computer system & computer network which the punishment will be fined up to RM 50000 or up to 5 years imprisonment or both.

CASE 2

Andrew intrude into his company’s website system
The applicable law would be CCA s.3 (1) which falls under system intrusion which the punishment will be fined up to RM 50000 or up to 5 years imprisonment or both.

CASE 3

Andrew posted his picture on the front page of the website and left his mobile number below his picture so that someone will call him & make friends.
The applicable law can be enforceable under CCA s.5 (1) which falls under unauthorized alteration, amendment & modification of data which the punishment will be fined up to RM 100000 or up to 7 years imprisonment or both.

CASE 4

Andrew leaked the company’s system access code to his friends at University.
The applicable law can be enforceable under CCA s.6(1) which falls under unauthorized communication of passwords which the punishment will be fined up to RM 25000 or up to 3 years imprisonment or both.

CASE 5

Andrew sent e-mail to his friends telling bad things about his manager.
The applicable law can be enforceable under CMA s.211 which falls under e-mail with false spreading and e-mail with hatred and abusive content which the punishment will be fined up to RM 50000 or up to 1 year imprisonment or both.

if he found guilty for ALL offenses, the maximum punishment will be the sum of each offenses he has done.

b) 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.

The traveling companies can be charge in court because of improper use of network facilities / services. The company is sending unsolicited commercial e-mails also known as spamming. This travel companies misuse the customer data and keep on sending mail to Meera and it is clearly went against the law on unsolicited commercial e-mail.

I would advise to Meera that the action of the travel companies is falls on the Communications & Multimedia Act 1998.This is just clearly a spamming case despite the Meera’s pleading by emailing them to stop sending her all those emails. The person hold responsible if found guilty, would face fine up to RM50000 or imprisonment up to 1 year or both.

Obviously, what