Was surfing internet this afternoon and guess what I clicked
onto, Singapore's Computer Misuse Act
From:
http://agcvldb4.agc.gov.sg/non_version/cgi-bin/cgi_getdata.pl?actno=2007-REVED-50A&doctitle=COMPUTER%20MISUSE%20ACT%0A&date=latest&method=part&sl=1&segid=1185935059-000173#1185935059-000176
Unauthorised access to
computer material
3. —(1) Subject to subsection (2), any person who
knowingly causes a computer to perform any function for the purpose
of securing access without authority to any program or data held in
any computer shall be guilty of an offence and shall be liable on
conviction to a fine not exceeding $5,000 or to imprisonment for a
term not exceeding 2 years or to both and, in the case of a second
or subsequent conviction, to a fine not exceeding $10,000 or to
imprisonment for a term not exceeding 3 years or to both.
(2) If any damage is caused as a result of an offence under this
section, a person convicted of the offence shall be liable to a
fine not exceeding $50,000 or to imprisonment for a term not
exceeding 7 years or to both.
(3) For the purposes of this section, it is immaterial that the
act in question is not directed at —(a) any particular program or
data;(b) a program or data of any kind; or(c) a program or data
held in any particular computer. [UK CMA 1990, s. 1]
Access with intent to
commit or facilitate commission of offence
4. —(1) Any person who causes a computer to
perform any function for the purpose of securing access to any
program or data held in any computer with intent to commit an
offence to which this section applies shall be guilty of an
offence.
(2) This section shall apply to an 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.
(3) Any person guilty of an offence under this section shall be
liable on conviction to a fine not exceeding $50,000 or to
imprisonment for a term not exceeding 10 years or to both.
(4) For the purposes of this section, it is immaterial whether
—(a) the access referred to in subsection (1) is authorised or
unauthorised;(b) the offence to which this section applies is
committed at the same time when the access is secured or at any
other time.
[UK CMA 1990, s. 2] Unauthorised modification
of computer material
5. —(1) Subject to subsection (2), any person who
does any act which he knows will cause an unauthorised modification
of the contents of any computer shall be guilty of an offence and
shall be liable on conviction to a fine not exceeding $10,000 or to
imprisonment for a term not exceeding 3 years or to both and, in
the case of a second or subsequent conviction, to a fine not
exceeding $20,000 or to imprisonment for a term not exceeding 5
years or to both.
(2) If any damage is caused as a result of an offence under this
section, a person convicted of the offence shall be liable to a
fine not exceeding $50,000 or to imprisonment for a term not
exceeding 7 years or to both.
(3) For the purposes of this section, it is immaterial that the
act in question is not directed at —(a) any particular program or
data;(b) a program or data of any kind; or(c) a program or data
held in any particular computer. (4) For the purposes of this
section, it is immaterial whether an unauthorised modification is,
or is intended to be, permanent or merely temporary. [UK CMA
1990, s. 3] Unauthorised use or
interception of computer service
6. —(1) Subject to subsection (2), any person who
knowingly —(a) secures access without authority to any computer for
the purpose of obtaining, directly or indirectly, any computer
service;(b) intercepts or causes to be intercepted without
authority, directly or indirectly, any function of a computer by
means of an electro-magnetic, acoustic, mechanical or other device;
or(c) uses or causes to be used, directly or indirectly, the
computer or any other device for the purpose of committing an
offence under paragraph (a) or (b), shall be
guilty of an offence and shall be liable on conviction to a fine
not exceeding $10,000 or to imprisonment for a term not exceeding 3
years or to both and, in the case of a second or subsequent
conviction, to a fine not exceeding $20,000 or to imprisonment for
a term not exceeding 5 years or to both.
(2) If any damage is caused as a result of an offence under this
section, a person convicted of the offence shall be liable to a
fine not exceeding $50,000 or to imprisonment for a term not
exceeding 7 years or to both.
(3) For the purposes of this section, it is immaterial that the
unauthorised access or interception is not directed at —(a) any
particular program or data;(b) a program or data of any kind; or(c)
a program or data held in any particular computer. [Canada CLAA
1985, s. 301.2 (1)] Unauthorised obstruction of
use of computer
7. —(1) Any person who, knowingly and without
authority or lawful excuse —(a) interferes with, or interrupts or
obstructs the lawful use of, a computer; or(b) impedes or prevents
access to, or impairs the usefulness or effectiveness of, any
program or data stored in a computer, shall be guilty of an offence
and shall be liable on conviction to a fine not exceeding $10,000
or to imprisonment for a term not exceeding 3 years or to both and,
in the case of a second or subsequent conviction, to a fine not
exceeding $20,000 or to imprisonment for a term not exceeding 5
years or to both.
(2) If any damage is caused as a result of an offence under this
section, a person convicted of the offence shall be liable to a
fine not exceeding $50,000 or to imprisonment for a term not
exceeding 7 years or to both.
Unauthorised disclosure of
access code
8. —(1) Any person who, knowingly and without
authority, discloses any password, access code or any other means
of gaining access to any program or data held in any computer shall
be guilty of an offence if he did so —(a) for any wrongful gain;(b)
for any unlawful purpose; or(c) knowing that it is likely to cause
wrongful loss to any person.
(2) Any person guilty of an offence under subsection (1) shall
be liable on conviction to a fine not exceeding $10,000 or to
imprisonment for a term not exceeding 3 years or to both and, in
the case of a second or subsequent conviction, to a fine not
exceeding $20,000 or to imprisonment for a term not exceeding 5
years or to both.
Enhanced punishment for
offences involving protected computers
9. —(1) Where access to any protected computer is
obtained in the course of the commission of an offence under
section 3, 5, 6 or 7, the person convicted of such an offence
shall, in lieu of the punishment prescribed in those sections, be
liable to a fine not exceeding $100,000 or to imprisonment for a
term not exceeding 20 years or to both.
(2) For the purposes of subsection (1), a computer shall be
treated as a “protected computer” if the person committing the
offence knew, or ought reasonably to have known, that the computer
or program or data is used directly in connection with or necessary
for —(a) the security, defence or international relations of
Singapore;(b) the existence or identity of a confidential source of
information relating to the enforcement of a criminal law;(c) the
provision of services directly related to communications
infrastructure, banking and financial services, public utilities,
public transportation or public key infrastructure; or(d) the
protection of public safety including systems related to essential
emergency services such as police, civil defence and medical
services.
(3) For the purposes of any prosecution under this section, it
shall be presumed, until the contrary is proved, that the accused
has the requisite knowledge referred to in subsection (2) if there
is, in respect of the computer, program or data, an electronic or
other warning exhibited to the accused stating that unauthorised
access to that computer, program or data attracts an enhanced
penalty under this section.
Abetments and attempts
punishable as offences
10. —(1) Any person who abets the commission of or
who attempts to commit or does any act preparatory to or in
furtherance of the commission of any offence under this Act shall
be guilty of that offence and shall be liable on conviction to the
punishment provided for the offence. (2) For an offence to be
committed under this section, it is immaterial where the act in
question took place.
