Wednesday, April 1, 2009

The Computer Misuse Act - application to foreign acts

The Computer Misuse Act makes it clear that it applies to acts done outside Singapore. In lawyers' jargon, it has extra-territorial application.

Under section 11, the Act applies if either or both of the following occur -

a) the person involved was in Singapore at the time of committing the offences, or

b) the computer, program or data was in Singapore when the offence is committed. The nationality of the person is irrelevant.

For example, if someone in Singapore hacks into a foreign computer, then by virtue of section 11, the Act applies. Also, if someone outside Singapore hacks into a local computer system, the Act will also apply. The Singapore authorities will then have to obtain the assistance of foreign authorities to arrest the person outside Singapore and arrange for him to be brought to Singapore (or extradited) to fact trial here.

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