TUTORIAL 3David is an employee of Bank Koala Lumpur, a well known international bank located inMalaysia. He was assigned to the credit section of the bank’s office in Kuala Lumpur, as a creditanalyst. In his daily work, it was possible for him to access all customers’ accounts but he wasonly 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 himand 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 aMalaysian citizen living and working in Singapore.David used the information that he retrieve to encode other credit cards and supply PIN numbersto Greg which could then be used to obtain large sums of money from automatic teller machinesin Singapore and Malaysia.To cover his tracks on the computer, David deleted some of the programs in the computernetwork belonging to Bank Koala Lumpur. Despite this attempt, the computer records in BankKoala Lumpur indicated that he accessed 289 accounts that did not fall within the scope of hisduties. Using the confidential information obtained, David and Greg managed to retrieve fromBank Koala Lumpur approximately RM1,000,000.Advise the bank as to the possible charges, if any, against David under the relevant statutoryprovisions in Malaysia. Answer:S.3, 4, 5, 6, 9Section 31stissue: 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 ofunauthorized 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  1 LNS 1066
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 chargedunder s.5 for unauthorised modification of Astro system database.