tutorial question

Andrew is a computer science student attached with Microhard Corporation in Cyberjaya as a practical trainee. One day he managed to crack the company’s information system but did not do anything afterwards. The following day he also managed to intrude into Microhard Corporation’s website system and then posted his picture on the front page of the website and left his mobile number below his picture, hoping that someone will call him and make friends. Subsequently his phone rang, but unfortunately it was his training manager who called and later warned him that actions will be taken. Upon investigation, it was also revealed that Andrew had previously leaked the company’s system access code to his friends at University, to whom he also sent emails telling bad things about his manager. Advise Microhard Corporation in Various potential liabilities of Andrew from the above incidents, with reference to various cybercrime laws applicable in Malaysia.
Issue 1:
Andrew who works as a practical trainee in Microhard Corporation is using his computer knowledge to perpetrate crimes. His cracked the company’s information system without doing anything on it. But the act of him had been again the law of Computer Crimes Act 1997 in section 3(unauthorized access). And Andrew will be charge under the law of unauthorized access which is under Section 3(1): A person shall be guilty of an offence if (a) he causes a computer to perform any function with intent to secure access to any program or data held in any computer; (b) the access he intends to secure is unauthorized; and (c) he knows at the time when he causes the computer to perform the function that that is the case.

As a computer science student in University, the education of the basic law knowledge will be attach in the learning syllabus. I believed that Andrew doing all this is under the condition of sober. And all this is will possible bring him the punishment of liable to a maximum RM 50,000.00 fine or to 5 years imprisonment or to both.

Issue 2:

The following issue is about after he unauthorized access the computer system in Microhard Corporation the next day he access to the system again and posted his picture and mobile number on the front page of the system this act also had been again the law of Computer Crimes Act 1997 , section5(1) for unauthorized modification.

Like I mention just now, Andrew should have the ideal with what his doing now is illegal and is the act of again the law of Malaysia. So it is not excuse for what he did to the system of that company. The modification content in the system is a serious crime. And it can be influence the user of the system. Even he dint bring of harm to the system but there still is exist of possibility steal and destroy of the data of the system. So he will be punish with further intention of causing injury, it can be punished up to RM 150,000.00 fine or 10 years imprisonment or both.

Issue 3:
The third issue is the company found that he leaked the company's system access code to his university friends. And during that time he is under the investigation; He also sent emails telling bad things about his manager.
And all of his act is absolutely again the law of Computer Crimes Act 1997 in section 6(1).which is A person shall be guilty of an offence if he communicates directly or indirectly a number, code, password or other means of access to a computer to any person other than a person to whom he is duly authorized to communicate. And this action can make the secrete of the company split to the public and cause the company in the trouble. So this act will punish with maximum RM 25, 00.00 fine or 3 years imprisonment or both.


Meera has been receiving emails from travel companies that keep offering her holiday packages to various places in the world. She replied to the senders to stop emailing her, but only to find that the emails keep coming and flooding her inbox. She came to you on the legal aspects that may arise out of this practice by the travel company. Advise her on both criminal and data protection aspects.
Issue 1: In this case the travel companies is again the law of Improper use of network facilities / service. And I suggest Meera to sue them with the law of under e Communications & Multimedia Act 1998.which is improper using of the network facilities / service. They are over use the service of network facilities and cause the public feel uncomfortable with the promotion strategy. And even the request had been made to stop send the mail to her but they are still doing the same thing.

So the punishment for this law imprisonment of maximum 1 year or fine of maximum RM 50,000 or both.

Issue 2: Unsolicited commercial e-mails (spamming)
The promote strategy of the company using is again the law of unsolicited commercial e-mails(spamming) which mean that the mail is force to access to the user inbox even they are not willing to accept it anymore.