Tuesday, March 31, 2009

Computer crime - hacking

Hacking, an offence under section 3 of the Computer Misuse Act, is committed when a person knowingly causes a computer to perform a function for the purpose of securing access without authority to any program or data held in any computer. The keywords here are "without authority". It therefore covers outsiders trying to penetrate a company's computer system as well as employees trying to access company data knowing that they had no right to do so.

Hacking is now no longer regarded as a harmless prank. Punishment is $5,000 maximum fine and/or jail of up to 2 years. There are enhanced penalties for repeat offenders as well as those who cause damage as a result of the offence.

Section 4 covers what I call aggravated hacking - this is hacking for the purpose of committing a further offence involving property, fraud, dishonesty or which causes bodily harm and which is punishable on conviction with imprisonment for a term of not less than 2 years. Again, enhanced punishment is provided for - up to 10 years jail, up to a $50,000 fine or both.

Various professionals including a few lawyers and government servants have been convicted for hacking or related offences.

No comments:

Post a Comment