361199_TUTORIAL 3.1 (4).docx - TUTORIAL 3 David is an employee of Bank Koala Lumpur a well known international bank located in Malaysia He was assigned

361199_TUTORIAL 3.1 (4).docx - TUTORIAL 3 David is an...

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TUTORIAL 3 David is an employee of Bank Koala Lumpur, a well known international bank located in Malaysia. He was assigned to the credit section of the bank’s office in Kuala Lumpur, as a credit analyst. In his daily work, it was possible for him to access all customers’ accounts but he was only given permission to access those accounts that were assigned to him. Nevertheless, he accessed various other accounts and files which had not been assigned to him and which he had not been given the permission to work on. Having accessed those accounts, files, codes and passwords, he gave the information to his close friend, Greg. Greg is a Malaysian citizen living and working in Singapore. David used the information that he retrieve to encode other credit cards and supply PIN numbers to Greg which could then be used to obtain large sums of money from automatic teller machines in Singapore and Malaysia. To cover his tracks on the computer, David deleted some of the programs in the computer network belonging to Bank Koala Lumpur. Despite this attempt, the computer records in Bank Koala Lumpur indicated that he accessed 289 accounts that did not fall within the scope of his duties. Using the confidential information obtained, David and Greg managed to retrieve from Bank Koala Lumpur approximately RM1,000,000. Advise the bank as to the possible charges, if any, against David under the relevant statutory provisions in Malaysia. Answer: S.3, 4, 5, 6, 9 Section 3 1 st issue: Whether David is liable for unauthorized access under Section 3 of Computer Crimes Act 1997 (CCA)? S3 of CCA provides that unauthorized access to computer material is an offence. The elements of unauthorized access under Section 3 includes: firstly, the actus reus of causing any computer to perform any function to secure access to any computer, secondly, the intention to secure access, thirdly, the access is unauthorized and lastly, the person has the knowledge that such access is unauthorized. The cases are: PP v Vishnu Devarajan [2016] 1 LNS 1066
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The respondent gained access into the Astro servers without authorisation and modified the server. He was charged under s.3 for unauthorized access into the Astro servers, and also charged under s.5 for unauthorised modification of Astro system database.
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