---
title: '06 Computer Crime'
disqus: hackmd
---

:::info
ST2504 Computer Law & Investigation
:::

Lecture 06 Computer Crime
===

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## Table of Contents

[TOC]

Background
---
- info tech pervasive in every aspect of society - gov, business, households
- risinig crime rate

### Objectives of CMA
- enhance security in areas like bank transfers, defence, telecommunication, public utilities, airport control, road traffic light control system
- deterrence
- punishment to commensurate with severity of offence
- unattractive to commit offence

Cybersecurity Act (Act 9 of 2018)
---
- 5th Feb 2018, cybersecurity act passed by parliament to take measures to prevent, manage and respond to cybersecurity threats and incident to regulate owners of __crit info infrastructure (CII)__ to regulate cybersecurity service providers
- "cybersecurity" - state in which a comp/comp system is protected from unauthorised access/attack
- comprehensive cybersecurity law covers standard setting, info sharing & incident management
- CII sectors
- energy
- water
- banking & finance
- healthcare
- transport - land, maritime & aviation
- infocomm
- media
- security
- emergency services & gov
- CMA deals with cybercrime like unauthorised access
- does not provide regulatory framework for routine & proactive protection of CII

### CMA vs CA 2018
- CMA & CA act are complementary
- CMA - investigation & prosecution of comp crimes
- CA - protect comp systems in sg especially CII against cybersecurity threats & incident

Offences
---
### Section 3 - Unauthorised access to comp material
- person who knowingly causes comp to perform any func for purpose of securing access w/o authority to any program/data in any comp


#### Examples

### Section 4 - access with intent to commit/facilitate commission of offence
- person who cause comp to perform any func to secure access to program/data in any comp to commit an offence
- apply to offence involving property, fraud, dishonesty or causing bodily harm
- punishable on conviction with imprisonment > 2 years


#### Examples

### Section 5 - unauthorised modification of comp material
- person who does act knwing will cause unauthorised modification of contents of any comp
- immaterial that act in question not directed at
- program/data
- slides gave 3 pts relating to program/data


#### Example

### Section 6 - unauthorised use or interception of comp service
- person knowingly
- secure access w/o authority to any comp to obtain any comp service
- intercepts/causes to be intercepted w/o authority any func of comp by means of electro-magnetic, acoustic, mechanical etc.
- uses/cause to be used comp/device to commit offence


#### Example

### Section 7 - unauthorised obstruction of use of comp
- person knowingly & w/o authority/lawful excuse
- interfer/interrupt/obstruct lawful use of comp
- impedes/prevents access to/impair usefulness/effectiveness of program/data in comp


#### Example

### Section 8 - unauthorised disclosure of access code
- person knowingly & w/o authority discloses password/access code/means to gain access to program/data in comp
- for wrongful gain
- for unlawful purpose
- knowing it will cause wrongdul loss to others


### Section 8A - supplying etc. personal info obtained in contravention of certain provisions
- person knowing/believe that any personal info abt another person was obtained through a crime
- obtains/retains personal info or
- supplies/transmit/make available the info

- only offense if used
- to commit/facilitate any offence under written law or
- to supply/transmit/make avaulable to be used to commit/facilitate crime


__targeted at dealing in hacked personal info to commit offence__

### Section 8B - obtaining etc. items for use in certain offences
- person
- obtains/retains item
- to use to commit/facilitate offence
- if supplied, to commit/facilitate offence
- make/supply/offers to supply/make available by any means to commit offence


__targeted at dealing in "hacking tools" to commit comp crimes__

### Section 9 - enhanced punishment for offences involving protected comps
- person obtains access to protected comp
- considered protected if used directly/indirectly with
- security/def/international relations of sg
- existence/identity of confidential source of info relating the enforcement of criminal law
- provision of services to comm infrastructure, banking & financial services, public utilities, public transport or public key infrastructure
- protection of public safety including systems related to essential emergency services
- Eg. police, civil def & medical services


### Section 10 - abetment & attempts punishable as offences
- person who abets the commission of/attempts commission of any offence under the act
- immaterial whr act in qns took place

### Section 11 - territorial nature of CMA
- the act is in effect regardless of nationality/citizenship/place of occurrence
- if committed outside sg, dealt with as if committed within sg
- act applies if
- accused was in sg
- offence in qns/comp/program/data was in sg
- offence cause/create significant risk of serious harm in sg
- illness/injury/death of indivs in sg
- disruption of any essential service in sg
- disruption of duty/func of gov/related gov orgs
- dmg to national security/def/foreign relations of sg

Mitigating Factors
---
- info/evidence that might result in reduced charges/lesser sentence
- good
- 1st offence
- comm service/good public service/good student
- okea of guilt at earliest opportunity
- shown remorse through acts
- Eg. return stolen money
- bad
- ignorance of law
- sole bread winner theory
- intoxication

###### tags: `CLI` `DISM` `School` `Notes`