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misuse of computers

1. Computer Misuse

2. Chapter Objective To understand the legal position regarding the misuse of computers and how common offences are handled under the law; To appreciate why the law has had only a limited effect on the extent of computer misuse To the consequence of trivial penalty to convicted

3. Problems Publics are more concerned about the misuse of Internet. Nevertheless, crimes committed using computers form a significant proportion of so-called white-collar crime. The Computer Misuse Act 1990 (CMA) was passed, hacking – that is, gaining unauthorised access or attempting to gain unauthorised access to a computer – was not in itself an offence. Attempts were made to convict hackers of stealing electricity but the quantity of electricity involved was minute and impossible to measure precisely. Courts were reluctant to convict and, even if a conviction was obtained, the penalty was trivial.

4. The Computer Misuse Act 1990 The Computer Misuse Act 1990 (CMA) is the main legislation that criminalizes unauthorized to computer systems and data. The CMA created three offences that can briefly be described as: (1) unauthorized access to a computer; (2) unauthorized access to a computer with intention to commit a serious crime; (3) unauthorized modification of the contents of a computer

5. The Computer Misuse Act 1990 Section 1 of the CMA states that: a person is guilty of an offence if 1. he causes a computer to perform any function with intent to secure access to any program or data held in any computer; 2. the access he intends to secure is unauthorized; 3. he knows at the time when he causes the computer to perform the function. This is called the unauthorized access offence. It was originally punishable by a fine of up to £5,000 or up to six months’ imprisonment

6. The Computer Misuse Act 1990 Section 2 of the Act is concerned with gaining unauthorised access to a computer with the intention of committing a more serious offence. A blackmailer might attempt to gain unauthorised access to medical records, for example, in order to identify people in prominent positions who have been treated for sexually transmitted diseases, with a view to blackmailing them. A terrorist might try to get access to a computer system for air traffic control with a view to issuing false instructions to pilots in order to cause accidents to happen.

7. The Computer Misuse Act 1990 Section 3 of the Act relates to unauthorized modification of the contents of a computer. It states that: a person is guilty of an offence if 1. He does any act which causes an unauthorized modification of the contents of any computer; 2. At the time when he does the act, he has the requisite intent and the requisite knowledge.

8. AMENDMENTS TO THE COMPUTER MISUSE ACT The amendment criminalizes sending, sharing, or transmitting “malicious information about or that relates to another person through a computer.”  1. Amendment of Computer Misuse Act, 2011 The Computer Misuse Act, 2011, in this Act referred to as the principal Act 2. Insertion of section 23A in principal Act The principal Act is amended by inserting immediately after section 23, the following— “23A. Unauthorised sharing of information about children 3. Insertion of sections 26A, 26B, 26C and 26D in principal Act The principal Act is amended by inserting immediately after section 26, the following— “26A. Hate speech

9. OPERATION OF THE COMPUTER MISUSE ACT The CMA has been used to prosecute a significant number of high-profile cases successfully. Some examples are: On 16 May 2013, at Southwark Crown Court, Ryan Cleary and three other men were sentenced for offences under the Act. During a three month period in 2011, the group had hacked into the websites of Sony. Ref. to News International, PBS and Fox news. In January 2021, Kim Doyle, a former RAC employee, and William Shaw, a director of TMS (a claims management company), pleaded guilty at Manchester Crown Court to charges of conspiracy to secure unauthorised access to a computer.

10. COMPUTER FRAUD Computer fraud involves manipulating a computer dishonestly in order to obtain money, property or services, or to cause loss. Most of the techniques that are used are much older than computers. Such tricks as placing fictitious employees on a payroll or setting up false supplier accounts and creating spurious invoices are still the commonest type of fraud, as they were before computers appeared. The law relating to fraud in England, Wales and Northern Ireland is largely contained in the Fraud Act 2006, which substantially clarified what had been a complicated and confused area of the law. It also removed several technical problems related to cases of fraud where a computer was involved.

11. Ethical Issues Ethics are moral principles or rules which govern a person’s attitude and behavior. Ethics apply to the use of computers as much as they do to other things in life. Ethical issues in computing include: E nsuring public safety: Ensuring public safety is paramount. As new technologies are introduced, they bring safety concerns. For example, driverless cars may soon be on the roads he designers of driverless cars have not only had to ensure the safety of passengers, but also of other drivers and pedestrians. Ethics apply here as a situation may occur where the car's has to decide who has safety priority, the passengers or other road users. S ecurity of data: Personal data is precious and needs to be kept safe. Unfortunately, there are people that attempt to hack systems in order to gain access to other people's data. Social media accounts, phone mailboxes and networks that computers connect to are all prone to hacking.

12. Ethical Issues Some people may also use malware to obtain data. Recent times have seen the increased use of a type of malware known as ransomware People who write ransomware do it to extort money from unsuspecting users. Once the ransomware infects a computer it encrypts data on it, denying users access unless a ransom is paid.

13. Case Study CASE STUDY ONE : The Perfect Computer Crime System Analyst used Trojan horse program to capture colleagues password and used it to modify the Lucky Draw Program. Also gained root access whilst auditing computer system and replaced Lucky Program with fake program that allowed 3 friends to ‘win’ $485,000 Case 1 This ex-employee was allowed entry into the working area of the bank. He then keyed in his account number and the bank over-riding code into an unattended terminal and credited S$1.2 m to his account. He was subsequently charged and convicted under the Computer Misuse Act. He was jailed 5 years.

14. Case Study Case 2: The system analyst installed a trojan horse program to capture the password for accessing bank lucky draw program. He then used the password to gain access to the program. He modified it to include his wife as a winner.Subsequently the following year, he was tasked to assist the external auditor. The senior manager allowed him access to the system using the master password. The accused then replaced the original lucky program with his modified version. The modified program then chose 3 of his acquaintances as winners. He was charged and convicted under the CMA, jailed for 4 years. CASE STUDY TWO: Crashing of Factory Computer System Disgruntled system administrator inserted logic bomb that replaced system files with damaged files during backup process. Also used another logic bomb to time backing up process while he was on holiday. Caused entire company’s system to crash and halted production lines. After his dismissal, he asked a computer illiterate colleague to crash system files.

15. Case Study Case 3: 23 account holders of various banks reported that unauthorised withdrawals were made from their accounts. 5 persons including a cashier were arrested. The cashier supplied NETS receipts to the syndicate while the other members peered at customers keying in their ATM pins. They then made duplicate ATM cards by using a reader and software programs to re-encode these stolen information onto the cards. These cards were then used to made withdrawals from ATMs and purchases thru NETS. The total damage was about $96,000. They were charged and convicted and jailed between 16 months to 4 years. Case 4: A disgruntled employee was not happy with the management. He accidentally discovered the manufacturer’s default password was not removed. He used this default password and retrieved those s containing adverse financial information and sent it to the clients. He was charged and convicted, fined $10,000