Deciphering Cybercrime (3) – Legislation in Select Countries

By: Sonny Zulhuda

How do other countries respond? The progress that is ongoing in the Europe and international level is also taking place in many individual countries in Asia. Some of them had already legislated laws on cyber crime as early as 1993 (Hong Kong and Singapore) and 1997 (Malaysia). Some of these legislations were influenced by the UK Computer Misuse Act 1984 due to the fact that they were part of English Commonwealth countries. The summary of those laws is presented here derived from various sources.

Country

Legislation

Categories of Cybercrime

China

The Criminal Law of the People’s Republic of China, Chapter VI Art. 285-287.

Computer Information Network and Internet Security, Protection and Management Regulations 1997 (Art.4-5).

Invasion of computer information system inn selected crucial sectors; unauthorized modification of computer data; causing denial of service; creating malicious and destructive programs; use of computers for crime such as fraud, theft, breach of official secrets.

Hong Kong

Computer Crimes Ordinance 1993

Extends definition of criminal damage to property’ to include ‘misuse of a computer’ i.e. unauthorized function, altering, erasing or adding any program or data; prohibits access to computer with criminal or dishonest intent..

Control of Obscene and Indecent Articles Ordinance

Concerning the distribution of pornographic material on the Internet.

Gambling Ordinance

Prohibiting gambling on the Internet other than under the auspices of the Hong Kong Jockey Club.

Singapore

Computer Misuse Act 1993 (amended 1998)

Prohibiting unauthorized access to computer material (s.3); access with intent to commit offence or facilitate commission (s.4); unauthorized modification (s.5); unauthorized use or interception of computer service (s.6); unauthorized obstruction of ise of computer (s.7); unauthorized disclosure of access code 9s.8); offences involving protected computers (s.9).

Australia

Cybercrime Act 2001 (amending the Criminal Code Act 1995)

Covering unauthorized access or unauthorized modification of restricted data; unauthorized modification of data with intent to cause impairment; aggravated offences; unauthorized impairment; unauthorized impairment of data held on disks, credit cards or other device used to store data by electronic means; ancillary offences (i.e. abetment, corporate liability etc.) (ss.477-478).

Japan

Unauthorized Computer Access Law (Law No. 128 of 1999)

Covering prohibition of unauthorized computer access (art.3,8); AND the facilitating of unauthorized computer access (e.g. by leaking or stealing other’s passwords or security hole attack) (art.4,9).

The Penal Code (Law No. 45 of 1907)

Amendments to the Penal Code both in 1987 and 2001 include criminalization of computer fraud, illegal production of electro-magnetic records for payment (including that of credit card and bank card fraud) (ss.161-2); obstruction of business by destroying computers (s.246.2).

India

Information Technology Act 2000, Chapter XI.

Covering offences of causing damage to computer source code (s.65); hacking (s.66); publication of obscene electronic information (s.67); offences relating to the digital signatures and the Controller of Certifying Authorities (s.68,71,73,74); failures to assist government agency in decryption upon their request (s.69); accessing (or attempting to access) secure access to protected system (s.70); breach of confidentiality and privacy 9s.72).

Republic of Korea

Criminal Code (Law No. 5057 of 1995)

Falsification or alteration of public and private electromagnetic records (art.227-2, 232-2); interference with business (art.314); fraud by use of computers, etc (art.347-2).

Promotion of Utilization of Information and Communications Network Act (Act No. 5986 of 1999) and Computer Program Protection Act (Act No. 3920 of 1986)

Impairing data, etc (art.28); impairing protective measures (art.29); unauthorized disclosure (srt.30).

Brunei Darussalam

Computer Misuse Order 2000

Unauthorized access to computer material (s.3); access with intent to commit or facilitate offence (s.4); unauthorized modification (s.5); unauthorized use of interception of computer service (s.6); unauthorized obstruction of use of computer (s.7); Unauthorized disclosure of access code (s.8); offences involving protected computers (s.9).

Malaysia

Computer Crimes Act 1997

Unauthorized access (s.3); unauthorized access with criminal intent (s.4); unauthorized modification (s.5); wrongful communications of means of access (s.6).

Communications and Multimedia Act 1998

Fraudulent use of network facilities/services (s.232); improper use of network facilities/service (s.233); unauthorized Interception and disclosure of communications (s.234); damage to network facilities (s.235); prohibition of offensive content for communications and multimedia industry (s.211).

 

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