Sunday, April 6, 2008 . 8:54 AM
Cybercrime and "computer crime"
Can we, in Singapore, imagine a world without our connectivity, let alone computers? It'd be hard.
Singapore is known for its high computer usage and high broadband Internet penetration rates.
Thus, it may not be a surprise that cybercrime is on the increase in Singapore.
Instances of successful hacking in climbed from 10 in 2000 to 19 in 2001 and 41 in 2003, he said. In 2003, there were 24 cases in just the first half of the year.
There is also prevalent "computer crime". The differnce between cyber and computer crime is that computer crime involves acts that attack the functions of a computer, access to a computer or the Internet, and similar items. They might be called “cyber-trespass”. They are viewed as crimes against a computer. Examples of these crimes are hacking, denying another access to Internet usage, and sending unsolicited or virus-causing electronic mail. Cyber crime, on the other hand, is traditional crime such as fraud, theft, extortion, and the like in which the computer is used as an instrument of the crime. These acts are traditional crimes that are facilitated through the use of a computer.
The Law
We all know the adage, "Low crime doesn't mean no crime." Dealing with cybercrime and computer crime can be very tricky, but that fact, coupled with high usage rates, does not deter Singapore from attempting to stop it. A 2006 study by independent author Jolly John identified Singapore as “the most network ready country” in the world. This has lead to both a proliferation of computer-based crime in Singapore and to efforts by the Singaporean government to combat such crime.
According to the Computer Crime Research Centre, Singapore, in combating cybercrime, Singapore passed the Computer Misuse Act (Chapter 50A of the Singapore Statutes) in 1993. This has been amended four times, as recently as 2005. This Act addresses computer crimes and provides for stiff penalties for the violation of the law. It has applied its existing Penal Code provisions for activities that are deemed cyber crime. For example, the release of a virus would fall under the jurisdiction of the Computer Misuse Act, whereas an economic crime (e.g. extortion or securities fraud) would fall under the aegis of the Penal Code.
The Computer Misuse Act is a law that prohibits the obtaining of unauthorized access to computer material, modifying the contents of a computer, obtaining or intercepting any computer service or function, interfering with or obstructing the lawful use of a computer, impeding or preventing access to or impairing the usefulness or effectiveness of any computer program or data, or disclosing a password, access code, or other means of gaining access to a program or data.
Professor Warren Chik, a Singaporean law professor states, in a 2006 paper comparing cyber crime laws in the United States, the United Kingdom and Singapore, that Singapore adopted four approaches in combating computer crime. These are:
1) Passing new legislation that creates crimes where activity warrants it;
2) Imposing severe penalties as punishment and as deterrents;
3) Providing law enforcement agencies with additional powers, granting them extra-territorial jurisdiction, and creating new agencies with specially trained experts to deal with this technological crimes;
4) Making it a crime to abet or even to attempt to perpetrate computer crimes.
The Agencies
The agencies created to fight computer crime in Singapore include the Computer Crimes Branch of the Criminal Investigation Department, the Computer Forensics Branch of the Singapore Police, and the Singapore Computer Emergency Response Team. The creation of these specialized units was deemed necessary as a result of the ever more sophisticated nature of the technology involved in such crimes.
The Penalties
Most of the provisions of the Computer Misuse Act carry a maximum fine up to $10,000 Singaporean dollars and/or imprisonment up to three years for a first offense. For the second and subsequent offenses, the penalty is a fine up to $20,000 Singaporean dollars and/or imprisonment up to five years. If there was damage caused as a result of the crime, the penalty is a fine up to $50,000 and/or imprisonment up to seven years. If the crime involved a threat to Singapore’s security, or to the banking or other financial, communications, or transportation industries, or to public services including utilities, safety, police, civil defense, or medicine, the penalty is a fine up to $100,000 Singaporean dollars and/or imprisonment up to 20 years.
Further measures
Singapore has created new law enforcement agencies with specially trained personnel to keep pace with the rapid advances in technology and the resulting proliferation of computer-based crimes. It has given its police force additional powers, including extra-territorial jurisdiction to aid in their efforts at apprehending computer-based criminals.
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