Computer Crimes Act 1997(XP)

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    Group Blueberry

    Computer Crimes Act1997

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    Referred to as CCA97. Provide for offences relating to the misuseof computers. Users can protect their rights to privacy and

    build trust in the computer system.

    Government can have control at a certainlevel over cyberspace to reduce cyber crimeactivities.

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    Protect the victims of computer misuse. Criminalizing associated activities :

    eavesdropping, unauthorized access toprogram or data in computer.

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    In this act, computer is defined broadly to includedata storage facility or communications facility andalso to include computer network.

    This act enforcement gives a police officer of orabove the rank of Inspector wide powers of search.These powers extending from cooperation of

    suspect to arrest without warrant

    The act were criticized for: lack of safeguards to check abusing of police power.

    infringement of the right to privacy. infringement of the right against self-incrimination.

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    Section 3 Unauthorized access to computer

    material

    Section 4 Unauthorized access with intentto commit or facilitate commission of furtheroffence

    Section 5 Unauthorized modification(temporary or permanent) of the contents of

    any computer

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    Section 6 Wrongful communication Section 7 Abetments and attempts

    punishable as offences

    Section 8 A person is deemed to haveobtained unauthorized access to anyprogram, data or information (unless provedotherwise) if he is found to have custody or

    control of such program, data, or otherinformation in any computer or storagemedia which he is not authorized to have.

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    Gaining unauthorized access with intent tocommit or facilitate commission of furtheroffence (which may involve fraud ordishonesty or which causes injury as definedin the Penal Code).

    Fine not exceeding one hundred and fiftythousand ringgit or, To imprisonment for a term not exceeding

    ten years.

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    Gaining unauthorized access to computermaterial (such as by hacking) :

    Fine not exceeding fifty thousand ringgit or, To imprisonment for a term not exceeding

    five years or to both.

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    Unauthorized modification such as changethe prescription for a particular treatment or

    to change the records of a patient such thathis allergy to certain medication is erased.Serious harm could be done to the patientconcerned.

    Fine not exceeding one hundred thousandringgit or, To imprisonment for a term not exceeding

    seven years or both.

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    if the act is done intentionally to cause injuryas defined in the penal code then the penaltyis stiffer with:

    fine not exceeding one hundred and fiftythousand ringgit or, to imprisonment for a term not exceeding tenyears or to both.