Tuesday, December 15, 2009

tutorial case

This is a case study based on the tutorial section that is given.

1) Linda was stunned in front her PC when she received an electronic mail, in a chain of senders and receivers, telling bad things about herself, her crazy shopping habits, her domestic problems and her involvement in superstitious activities with a bomoh(magician) allegedly for gaining her more wealth and fortunes. She is now thinking to pursue legal actions for the unfavorable email against her. With reference to the above case, explain the meaning of online defamation, and discuss the legal remedies available for Linda. (Nov 2004)

Defamation means something attack the good reputation of somebody or say bad things about somebody , meaning as a result of malice, desire to harm someone else and its a unprivileged statement of fact. Online defamation means someone attack somebody else through Internet. One would have grounds for a lawsuit if remarks were made about them that were defaming to their character online. The side have to prove that the statement is false as well as malice in order to win for the lawsuit.

In Linda case, Linda can prove the email for her lawyer to against the senders. In Malaysia, in LAW OF MALAYSIA, penal code section 499 to section 502 is applicable for the case as Linda. If the senders is found guilty, he or she might get punishment. This can be divided into civil or criminal cases. In civil cases, the person sue the makers just want to get compensation on what he/she had damage on the person’s reputation. But, in criminal cases, whoever defames another shall be punished with two years of jail or with fine or with both. For Linda, she can sue the person for damage her reputation , get compensation and seek for apologizes.

2. Tommy, a Multimedia student at MMU, was caught by University authority after it was found that he had cracked the University’s information system, defaced the front page of University’s official website and stolen a bulk of confidential data regarding students’ academic records. It was also discovered that he had attempted to break several lecturers’ computer system but without avail. On the investigation he said that all his action was just for fun exploring the system’s weaknesses and without any criminal intention. In this case, advise the University regarding Tommy’s liabilities arising from his actions with reference to the law of computer crimes in Malaysia.

What is cyber crime? Cyber crime can be simple be describe as access other people ’s personal computer without any authorised right. Other than that, illegal interception or someone damage or delete computer data without right, can be said as cyber crime too. In Malaysia Law, cyber crime can fall into Computer Crime Act 1997 that related to the misuse of computer.

Tommy had cracked university’s information system and this is the acts of unauthorized access on CCA 1997 , section 3. An person shall be guilty of an offence if (a) he causes a pc to perform any function with intent to secure access to any program or data held in any computer ; (b)the access is unauthorized ; (c) the person knows at the time when he causes the computer to perform the function. Whoever fall under this section , will be liable to a maximum RM50,000 fine or 5 years jail or both.

Furthermore, Tommy had done another serious act which is defaced the front page of University’s official website and stolen a bulk of confidential data regarding students’ academic records. This can lead him under Computer Crime Act 1997 ,Section 5(1) which is the person modified of the contents of a computer without any rights. IF the person is found any guilty under this act, will be punishable with a maximum RM 100,000.00 fine or to 7 years imprisonment or to both. Nevertheless, Tommy said his action is just for fun exploring the system’s weaknesses and without any criminal intention. But, what he did was attempted to unauthorized access to his university ’s system.

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