---
# System prepended metadata

title: 06 Computer Crime
tags: [School, Notes, DISM, CLI]

---

---
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

![](https://i.imgur.com/8id9BA1.png)

#### Examples
![](https://i.imgur.com/uyarMUJ.png)
![](https://i.imgur.com/4xS3XxZ.png)
![](https://i.imgur.com/nG1oMtz.png)


### 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

![](https://i.imgur.com/icSoSUr.png)

#### Examples
![](https://i.imgur.com/v7X58aE.png)
![](https://i.imgur.com/X6MKxrb.png)
![](https://i.imgur.com/noCXxBr.png)



### 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

![](https://i.imgur.com/S7Lrb8z.png)

#### Example
![](https://i.imgur.com/w4I6CJj.png)
![](https://i.imgur.com/yB7WDri.png)
![](https://i.imgur.com/p7aV01p.png)



### 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

![](https://i.imgur.com/rkFwwAW.png)

#### Example
![](https://i.imgur.com/rqH9OQb.png)



### 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

![](https://i.imgur.com/eO1JnNx.png)

#### Example
![](https://i.imgur.com/jkW3A5L.png)



### 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

![](https://i.imgur.com/eryFOjk.png)

### 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

![](https://i.imgur.com/uQZGuy7.png)

__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

![](https://i.imgur.com/wJuENtQ.png)

__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

![](https://i.imgur.com/59HT5wL.png)

### 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`