Tutorial question 1

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.

Under the Computer Crimes Act 1997 and Communications & Multimedia Act 1998, a few charges could be faced by Andrew. And these charges are:

1. "One day he managed to crack the company's information system but did not do anything"

Andrew can be charged under CCA s.3(1) which falls under unauthorized access to computer, computer system & computer network (intrusion) which the punishment could be a fine up to RM 50000 or up to 5 years imprisonment or both.

2. "Andrew intrude into his company’s website system" again for the second time.

Andrew can be charged under CCA s.3 (1) which falls under intrusion win which the punishment could be a fine up to RM 50000 or up to 5 years imprisonment or both.

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."

Andrew can be charged under CCA s.5 (1) regarding unauthorized alteration, amendment & modification of data CCA s.5 (1) which falls under unauthorized alteration, amendment & modification of data. And the punishment could be a fine up to RM 100000 or up to 7 years imprisonment or both.

4. "Andrew leaked the company’s system access code to his friends at University."

Andrew can be charged against CCA s.6(1) which covers unauthorized communication of passwords in which the punishment will be fined up to RM 25000 or up to 3 years imprisonment or both.

5. "Andrew sent e-mails telling bad things about his manager."

Andrew can be presed charges under the Communication & Multimedia Act 1998 (CMA) s.211 which regards e-mail with false spreading and e-mail with hatred and abusive content in which the punishment will be fined up to RM 50000 or up to 1 year imprisonment or both.