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Countermeasures
Version 6.1
Mod le II
Module
Hacking Laws
Module Objective
This module will familiarize you with:
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Module Flow
U.S. Federal Laws
France Laws
SPY ACT
Brazilian Law
Italian Law
Canadian Laws
Australia Act
Indian Law
European Laws
Belgium Law
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United States
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http://www.usdoj.gov
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http://www.usdoj.gov (contd)
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NEWS
Source: http://www.usdoj.gov/
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Legal Perspective
(U S Federal Law)
(U.S.
Federal Criminal Code Related to Computer Crime:
~
18 U.S.C.
U S C 1030.
1030 Fraud and Related Activity in
Connection with Computers
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Section 1029
Subsection (a) Whoever (1) knowingly and with intent to defraud produces, uses, or traffics in
one or more counterfeit access devices;
(2) knowingly and with intent to defraud traffics in or uses one or
more unauthorized access devices during any one-year period, and
by such conduct obtains anything of value aggregating $1,000 or
more during that period;
(3) knowingly and with intent to defraud possesses fifteen or more
devices which are counterfeit or unauthorized access devices;
(4) knowingly, and with intent to defraud, produces, traffics in, has
control or custody of, or possesses device-making equipment;
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(7) knowingly and with intent to defraud uses, produces, traffics in,
has control or custody of, or possesses a telecommunications
instrument that has been modified or altered to obtain
unauthorized
th i d use off ttelecommunications
l
i ti
services;
i
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Penalties
(A) in the case of an offense that does not occur after a conviction for
another offense under this section-section
(i) if the offense is under paragraph (1), (2), (3), (6), (7), or (10) of
subsection (a), a fine under this title or imprisonment for not more than
10 years,
years or both; and
(ii) if the offense is under paragraph (4), (5), (8), or (9) of subsection (a),
a fine under this title or imprisonment for not more than 15 years, or
both;;
(B) in the case of an offense that occurs after a conviction for another
offense under this section, a fine under this title or imprisonment for
not more than 20 years, or both; and
(C) in either case, forfeiture to the United States of any personal
property used or intended to be used to commit the offense
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(7) with intent to extort from any person any money or other thing of
value transmits in interstate or foreign commerce any
value,
communication containing any threat to cause damage to a
protected computer;
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Penalties
(1)(A) a fine under this title or imprisonment for not more than ten years, or
both in the case of an offense under subsection (a)(1) of this section which
both,
does not occur after a conviction for another offense under this section, or
an attempt to commit an offense punishable under this subparagraph; and
( ) a fine under this title or imprisonment
(B)
p
for not more than twentyy yyears,,
or both, in the case of an offense under subsection (a)(1) of this section
which occurs after a conviction for another offense under this section, or
an attempt to commit an offense punishable under this subparagraph;
(2)(A) except as provided in subparagraph (B), a fine under this title or
imprisonment for not more than one year, or both, in the case of an
offense under subsection (a)(2), (a)(3), (a)(5)(A)(iii), or (a)(6) of this
section which does not occur after a conviction for another offense under
this section, or an attempt to commit an offense punishable under this
subparagraph;
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Penalties (contd)
~
(B) a fine under this title or imprisonment for not more than 5 years,
or both,
both in the case of an offense under subsection (a)(2)
(a)(2), or an
attempt to commit an offense punishable under this subparagraph, if (i) the offense was committed for purposes of commercial advantage or
private financial gain;
(ii) the offense was committed in furtherance of any criminal or tortuous
act in violation of the Constitution or laws of the United States or of any
State; or
(iii) the value of the information obtained exceeds $5,000;
(C) a fine under this title or imprisonment for not more than ten
years, or both, in the case of an offense under subsection (a)(2), (a)(3)
or (a)(6) of this section which occurs after a conviction for another
offense under this section,
section or an attempt to commit an offense
punishable under this subparagraph;
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Penalties (contd)
(3)(A) a fine under this title or imprisonment for not more than five
years, or both, in the case of an offense under subsection (a)(4) or
(a)(7) of this section which does not occur after a conviction for
another offense under this section, or an attempt
p to commit an
offense punishable under this subparagraph; and
(3)(B) a fine under this title or imprisonment for not more than ten
yyears,, or both,, in the case of an offense under subsection (a)(4),
( )(4),
(a)(5)(A)(iii), or (a)(7) of this section which occurs after a
conviction for another offense under this section, or an attempt to
commit an offense punishable under this subparagraph; and
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18 U.S.C. 1362
Communication Lines, Stations, or Systems
Law is applicable if:
Person willfully injures or destroys any of the
works, property, or material of any means of
communication
Maliciously obstructs, hinders, or delays the
transmission of any communication
Penalty:
A fine or imprisonment for not more than 10
years, or both
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18 U.S.C. 2318
~
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18 U.S.C. 2320
Trademark Offenses
~
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18 U.S.C. 1831
Trade Secret Offenses
~
Economic espionage
Law is applicable if:
Person knowingly steals or without authorization
obtains a trade secret
Without authorization copies or transmits a trade
secret
Receives, buys, or possesses a trade secret
Penalty:
y
Fined not more than $10,000,000
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47 U.S.C. 605
~
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Washington:RCW 9A.52.110
Computer trespass in the first degree
(1) A person is guilty of computer trespass in the first degree if the
person, without authorization, intentionally gains access to a
computer system or electronic database of another; and
or
(a) The access is made with the intent to commit another crime;
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Source: http://www.leg.state.fl.us/
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815.04
815
04 Offenses against intellectual property; public
records exemption-(1) Whoever willfully, knowingly, and without authorization modifies
d t programs, or supporting
data,
ti d
documentation
t ti residing
idi or existing
i ti
internal or external to a computer, computer system, or network
commits an offense against intellectual property
((2)) Whoever
Wh
willfully,
illf ll knowingly,
k
i l and
d without
ith t authorization
th i ti d
destroys
t
data, programs, or supporting documentation residing or existing
internal or external to a computer, computer system, or computer
network commits an offense against intellectual property
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(c) Whoever violates subsection (1) and the violation endangers human life
commits a felony of the first degree,
degree punishable as provided in ss. 775
775.082,
082 ss.
775.083, or s. 775.084
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Indiana: IC 35-43
IC 35-43-1-4 Computer tampering
Sec 4.
Sec.
4 (a) As used in this section:
"Computer network" and "computer system" have the meanings set
forth in IC 35-43-2-3.
"Computer
Computer program"
program means an ordered set of instructions or
statements that, when executed by a computer, causes the
computer to process data.
"Data"
Data means a representation of information,
information facts,
facts knowledge
knowledge,
concepts, or instructions that:
( 1) may take any form, including computer printouts, magnetic storage
p
cards,, or stored memory;
y;
media,, punched
(2) has been prepared or is being prepared; and
(3) has been processed, is being processed, or will be processed;
in a computer system or computer network.
Source: http://www.in.gov/
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Source: http://www.whitehouse.gov/
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(a) Each agency shall make available to the public information as follows:
(1) Each agency shall separately state and currently publish in the Federal Register for
the guidance of the public- (A) descriptions of its central and field organization and the established places at
which, the employees (and in the case of a uniformed service, the members) from
whom, and the methods whereby, the public may obtain information, make submittals
or requests, or obtain decisions;
(B) statements of the general course and method by which its functions are channeled
and determined, including the nature and requirements of all formal and informal
procedures available;
(C) rules of procedure, descriptions of forms available or the places at which forms
may be obtained, and instructions as to the scope and contents of all papers, reports,
or examinations;
(D) substantive rules of general applicability adopted as authorized by law, and
statements of general policy or interpretations of general applicability formulated and
adopted by the agency; and
(E) each
h amendment,
d
revision,
i i
or repeall off the
h fforegoing.
i
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Source: http://csrc.nist.gov
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Previous law: Under previous law, the Electronic Communications Privacy Act
("ECPA"), 18 U.S.C. 2703 et seq., governed law enforcement access to stored
electronic communications (such as e-mail), but not stored wire communications
(such as voice-mail). Instead, the wiretap statute governed such access because the
definition of "wire communication" (18 U.S.C. 2510(1)) included stored
communications, arguably requiring law enforcement to use a wiretap order (rather
than a search warrant)) to obtain unopened
p
voice communications. Thus,, law
enforcement authorities used a wiretap order to obtain voice communications stored
with a third party provider but could use a search warrant if that same information
were stored on an answering machine inside a criminals home.
Regulating
R
l ti stored
t d wire
i communications
i ti
th
through
h section
ti 2510(1) created
t d llarge and
d
unnecessary burdens for criminal investigations. Stored voice communications
possess few of the sensitivities associated with the real-time interception of
telephones, making the extremely burdensome process of obtaining a wiretap order
unreasonable.
bl
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Government Paperwork
Elimination Act (GPEA)
Section 1. What GPEA policies should agencies follow?
The Government Paperwork Elimination Act (GPEA) requires Federal
agencies, by October 21, 2003, to provide individuals or entities the option
to submit information or transact with the agency electronically and to
maintain records electronically when practicable.
practicable GPEA specifically states
that electronic records and their related electronic signatures are not to be
denied legal effect, validity, or enforceability merely because they are in
electronic form. It also encourages Federal government use of a range of
electronic signature alternatives.
Sections 1703 and 1705 of GPEA charge the Office of Management and Budget
(OMB) with developing procedures for Executive agencies to follow in
using
i and
d accepting
ti electronic
l t
i d
documents
t and
d signatures,
i
t
iincluding
l di
records required to be maintained under Federal programs and
information that employers are required to store and file with Federal
agencies
g
about their employees.
p y
These p
procedures reflect and are to be
executed with due consideration of the following policies:
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Government Paperwork
Elimination Act (GPEA) (contd)
(cont d)
maintaining compatibility with standards and technology for electronic
signatures generally used in commerce and industry and by State
governments;
not inappropriately favoring one industry or technology;
ensuring
g that electronic signatures
g
are as reliable as appropriate
pp p
for the
purpose in question;
maximizing the benefits and minimizing the risks and other costs;
protecting
p
g the p
privacyy of transaction p
partners and third p
parties that have
information contained in the transaction;
ensuring that agencies comply with their recordkeeping responsibilities
under the FRA for these electronic records. Electronic record keeping
systems
t
reliably
li bl preserve the
th information
i f
ti submitted,
b itt d as required
i db
by th
the
Federal Records Act and implementing regulations; and
providing, wherever appropriate, for the electronic acknowledgment of
eelectronic
ect o c filings
gs tthat
at a
aree success
successfully
u y sub
submitted.
tted.
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Government Paperwork
Elimination Act (GPEA)
~
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Government Paperwork
Elimination Act (GPEA) (contd)
(cont d)
The assessment should develop strategies to mitigate risks and maximize benefits in
the context of available technologies, and the relative total costs and effects of
implementing those technologies on the program being analyzed. The assessment
also
l should
h ld b
be used
d to d
develop
l b
baselines
li
and
d verifiable
ifi bl performance
f
measures that
h
track the agency's mission, strategic plans, and tactical goals, as required by the
Clinger-Cohen Act.
In addition to serving as a guide for selecting the most appropriate technologies, the
assessment off costs and
db
benefits
f should
h ld b
be d
designed
d so that
h it can b
be used
d to
generate a business case and verifiable return on investment to support agency
decisions regarding overall programmatic direction, investment decisions, and
budgetary priorities. In doing so, agencies should consider the effects on the public,
its needs,
needs and its readiness to move to an electronic environment
environment.
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Mexico
i
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http://www.gob.mx/
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http://www.gob.mx/ (contd)
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Mexico
Section 30-45-5 Unauthorized computer use
A person who
h knowingly,
k
i l willfully
illf ll and
d without
ih
authorization,
h i i
or
having obtained authorization, uses the opportunity the
authorization provides for purposes to which the authorization
does not extend,
extend directly or indirectly accesses
accesses, uses
uses, takes
takes,
transfers, conceals, obtains, copies or retains possession of any
computer, computer network, computer property, computer
service computer system or any part thereof
service,
thereof, when the
damage to the computer property or computer service has a value of
two hundred fifty dollars ($250) or less, is guilty of a petty
misdemeanor;;
damage to the computer property or computer service has a value of
more than two hundred fifty dollars ($250) but not more than five
hundred dollars ($500), is guilty of a misdemeanor;
Source: http://law.justia.com/
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Mexico (contd)
damage to the computer property or computer
service has a value of more than five hundred dollars
($500) but not more than two thousand five
hundred dollars ($2,500), is guilty of a fourth
d
degree
ffelony;
l
damage to the computer property or computer
service has a value of more than two thousand five
h d dd
hundred
dollars
ll
($
($2,500)) b
but not more than
h twenty
thousand dollars ($20,000), is guilty of a third
degree felony;
damage to the computer property or computer
service has a value of more than twenty thousand
dollars ($20,000), is guilty of a second degree felony
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Brazil
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http://www.jf.gov.br/
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Brazilian Laws
~
Art. 313-A. Entry, or facilitation on the part of an authorized employee of the entry, of
false data, improper alteration or exclusion of correct data with respect to the
information system or the data bank of the Public Management for purposes of
achieving an improper advantage for himself or for some other person, or of causing
damages
A 313-B.
Art.
B M
Modification
difi i or alteration
l
i off the
h iinformation
f
i system or computer program
by an employee, without authorization by or at the request of a competent authority
Penalty-detention
y
for 3 months to 2 years,
y
, and fines
Source: http://www.mosstingrett.no/
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http://canada.justice.gc.ca/en/
This website provides all the source of consolidated Acts and regulations of
Canada
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http://canada.justice.gc.ca/en/
(cont d)
(contd)
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News
Source: http://www.nationalpost.com/
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Canadian Laws
~
(c) uses or causes to be used, directly or indirectly, a computer system with intent to
commit an offence under paragraph (a) or (b) or an offence under section 430 in
relation to data or a computer
p
system
y
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U it d Ki
United
Kingdom
d
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http://www.opsi.gov.uk
OPSI(Office of Public Sector Information) provides the full text of
all
ll UK Parliament
li
Public
bli Generall Acts (f
(from 1988 onwards)
d ) and
d
all Local Acts (from 1991 onwards) as they were originally enacted
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http://www.opsi.gov.uk (contd)
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News
Source: http://www.accessmylibrary.com/
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(6) It is immaterial for the purposes of this section whether the further
offense is to be committed on the same occasion as the unauthorized
access offense
ff
or on any ffuture occasion
(7) A person may be guilty of an offense under this section even though
the facts are such that the commission of the further offense is
impossible
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(9) A person is guilty of an offense if (a) he does any act which causes an unauthorized modification of the contents
of any computer; and (b) at the time when he does the act he has the requisite intent and the
requisite knowledge.
knowledge
(10) For the purposes of subsection (1)(b) above the requisite intent is an
intent to cause a modification of the contents of any and by so doing (a) to impair the operation of any computer;
(b) to prevent or hinder access to any program or data held in any computer;
or
(c) to impair the operation of any such program or the reliability of any such
data
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Europe
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http://europa.eu/
This site provides user-friendly fact sheets which summarize EU legislation. The fact sheets are
divided into 32 subject areas which comprise of the activities of the European Union. You will
not only find summaries of existing measures,
measures but also a follow
follow-up
up of legislative proposals in
policies as diverse as External Relations and Employment and Social Affairs. With almost 2,500
fact sheets updated daily, the coverage of legislation is comprehensive and up-to-date
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European Laws
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Belgium
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Belgium Laws
~
COMPUTER HACKING
1. Any person who, aware that he is not authorised, accesses or maintains his
access to a computer system, may be sentenced to a term of imprisonment of 3
months to 1 year and to a fine of (Bfr 5,200-5m) or to one of these sentences
If the
h offence
ff
specified
ifi d in
i 1
above
b
iis committed
i d with
i h iintention
i to d
defraud,
f d the
h
term of imprisonment may be from 6 months to 2 years
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Denmark
k
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http://www.denmark.dk/
This site provides the information about MINISTRY OF JUSTICE
The Ministry handles tasks relating to the entire judicial system, including the
police service, the office of the public prosecutor, the legal system, and the
prison and probation services
The Ministry is also responsible for legislation pertaining to the law of
persons and family law, and legislation pertaining to securities and data
protection.
protection
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http://www.denmark.dk/
(cont d)
(contd)
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Source: http://www.theregister.co.uk/
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Denmark Laws
~
(2) Any person who, in an unlawful manner, obtains access to another persons
information or p
programs
g
which are meant to be used in a data p
processing
g system,
y
shall be liable to a fine, to simple detention or to imprisonment for a term not
exceeding 6 months
(3) If an act of the kind described in subsection 1 or 2 is committed with the intent to
procure or make oneself acquainted with information concerning trade secrets of a
company or under other extraordinary aggravating circumstances, the punishment
shall be increased to imprisonment for a term not exceeding 2 years
Source: http://www.mosstingrett.no/
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France
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http://www.legifrance.gouv.fr/
This is an official website for Legal laws in France. These legal rules can
be adopted
adop ed by S
States
a es o
or be
between
ee S
States,
a es, o
on a national
a o a level,
e e , bu
but they
ey ca
can
also come from national and international case-law
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News
Source: http://ap.google.com
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France Laws
~
Article 323-1:
The act of fraudulentlyy g
gaining
g access to, or maintaining,
g in all or p
part of an
automated data processing system is punishable by imprisonment not
exceeding one year and a fine of up to 100.000 F
Article 323-2:
The act of hindering or of distorting the functioning of an automated data
processing system is punishable by imprisonment not exceeding three years
and a fine up to 300.000 FF
Source: http://www.mosstingrett.no/
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Germany
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http://www.zuwanderung.de
This is an German website for Federal Ministry of Justice,, is responsible for
legal policy and has the central task of upholding the German constitutional
state In the BMJ new laws are prepared
state.
prepared, and existing ones are amended or
repealed.
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News
Source: http://www.theregister.co.uk/
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German Laws
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EC-Council
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Greece
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Greece Laws
~
Source: http://www.mosstingrett.no/
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Italy
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Italian Laws
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Netherland
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News
Source: http://archives.cnn.com/
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Netherlands Laws
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EC-Council
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Norway
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http://norway.usembassy.gov/norway/
This U.S. Embassy website serves as a gateway to a broad range of information about
Norway. The guide includes references to Internet resources as well as information about
commercial online databases,
databases print resources
resources, and institutions and/or specialists who can
provide further information on a given topic
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Norway
Penal Code 145:
Any person who unlawfully opens a letter or other closed document or in
a similar manner gains access to its contents, or who breaks into another
persons locked depository shall be liable to fines or to imprisonment for
a term not exceeding
g 6 months
The same penalty shall apply to any person who unlawfully obtains
access to data or programs which are stored or transferred by electronic
or other technical means.
If d
damage iis caused
db
by th
the acquisition
i iti or use off such
h unauthorized
th i d
knowledge, or if the felony is committed for the purpose of obtaining for
any person an unlawful gain, imprisonment for a term not exceeding 2
years may be imposed
Accomplices shall be liable to the same penalty
Public prosecution will only be instituted when the public interest
requires so
Source: http://www.cybercrimelaw.net/
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Norway (contd)
Penal Code 145b:
A accomplice
An
li shall
h ll be
b liable
li bl tto th
the same penalty
lt
Any person who by destroying, damaging, or putting out of action any data
collection or any installation for supplying power, broadcasting,
telecommunication, or transport causes comprehensive disturbance in the
public administration or in community life in general shall be liable to
imprisonment for a term not exceeding 10 years
Negligent acts of the kind mentioned in the first paragraph shall be punishable
b fi
by
fines or iimprisonment
i
ffor a term not exceeding
di one year
Accomplices shall be liable to the same penalty
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Switzerland
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EC-Council
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Source: http://www.cybercrimelaw.net/
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Australia
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http://www.australia.gov.au/
This
h site provides
d the
h information
f
about
b
Australian
l
Facts & Figures,
Government & Parliament, Information & Communications, Law & Justice,
Economics, Finance & Tax, and other activities
In case of Law & Justice, Australian Law Online provides access to law and
jjustice related information and services from all levels of government.
g
It
provides Australians with ready access to clear, understandable, userfriendly information about the Australian legal system and the government
organizations that are part of the Australian legal system.
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http://www.australia.gov.au/
(cont d)
(contd)
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I di
India
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http://lawmin.nic.in/
This site providesdetailed information on the judiciary of the central courts in
India
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News
Source: http://www.digitaldivide.net/
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Source: http://lawmin.nic.in/
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Japan
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http://www.moj.go.jp/
This site provides information about the basic rules (basic legislation)
of Japan and describes basic judicial framework under which these
rules are observed
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News
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Source: http://www.mosstingrett.no/
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Singapore
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http://www.gov.sg/
The official internet gateway to the government of Singapore
It serves as a convenient first-stop for the public to locate Singapore government information and
policies, the latest news and speeches, resources, services and transactions available online.
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South Korea
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Anyy p
person shall be p
prohibited from damaging
g g the information of other
persons or from infringing, stealing or leaking the secrets of other
persons, which are processed, stored or transmitted by information and
communications networks
CHAPTER IX PENAL PROVISIONS
Article 61 (Penal Provisions)
(1) Any person who has defamed any other person by alleging openly
facts through information and communications network with the purpose
of slandering him/her shall be punished by imprisonment with or
without prison labor for not more than 3 years or by a fine not exceeding
20 million won
(2) Any person who has defamed any other person by alleging openly
false facts through information and communications network with the
purpose of slandering him/her shall be punished by imprisonment with
prison labor for not more than 7 years or the suspension of
di
disqualification
lifi i ffor not more than
h 10 years, or b
by a fi
fine not exceeding
di 50
million won
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M l i
Malaysia
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http://www.gov.my/
This site was established to provide a single gateway and a one-stop center for information
and services offered by the Malaysia government
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News
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Hong Kong
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http://www.legislation.gov.hk/
The Bilingual Laws Information System (BLIS) is a searchable electronic database of the
statute laws of Hong Kong established and updated by the Department of Justice of the Hong
K
Kong
Special
S
i l Administrative
Ad i i
i R
Region
i
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News
Source: http://news.sbs.com.au/
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Telecommunication Law
Unauthorized access to computer by telecommunications
(1)Any person who
who, by telecommunications
telecommunications, knowingly causes a computer to
perform any function to obtain unauthorized access to any program or
data held in a computer commits an offence and is liable on conviction to
a fine of $20000. (Amended 36 of 2000 s. 28)
(2) For the purposes of subsection (1)(a) the intent of the person need not be directed at(i) any particular program or data;
(ii) a program or data of a particular kind; or
(iii) a program or data held in a particular computer
(b) access of any kind by a person to any program or data held in a computer
is unauthorized if he is not entitled to control access of the kind in question to
the program or data held in the computer and(i) he has not been authorized to obtain access of the kind in question to the
program or data held in the computer by any person who is so entitled;
Source: http://www.legislation.gov.hk/
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Summary
In this module, various laws and acts related to hacking have been
reviewed
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