Stiff penalties proposed for computer usage crimes

by David Kelleher

Individuals causing damage to computers to the detriment of the government or his or her employer could face up to 10 years in prison and a Lm50,000 fine, the government is proposing in a draft bill on computer misuse.

The bill, published on Thursday, describes as a criminal offence anything related to the misuse of computers and related paraphernalia.

Industry sources told The Malta Business Weekly that once passed in Parliament, dozens of computer outlets selling new machines could be liable to hefty penalties if they are found passing on copies of software to their clients, including manuals.

"Many outlets pre-install software packages on machines. If the law is properly enforced, outlets could be charged with illegal transfer of software and documentation," the sources said.

The bill states that the unauthorised use, for example outputting, copying and preventing access of data, software or supporting documentation, will be considered a criminal offence.

If enforced, this means that the only software and documentation supplied with computer hardware will have to be originals and not copies. The computer misuse bill also makes reference to data and software being transmitted through a computer network.

Although copying of software is covered by the Copyright Act, the new bills provides authorities with a wider and more defined area in which to work.

The bill lists as a criminal offence those who:

without authorisation access, outputs, copies, moves, blocks, takes or discloses data held in a computer;

discloses passwords or uses another person's password, username or email address without prior permission;

Although not classified as offences, the insertion and dissemination of viruses, is also a criminal offence through the provision on actions that "impair the operation of any software or the integrity or reliability of data". The Computer Misuse Bill also proposes that if a crime is committed abroad and there is reason to believe that a computer in Malta is linked to the crime, the individual concerned may be extradited to Malta.

The government has also proposed that no ranking will be given to offences, giving the adjudicator full discretion to assess the gravity of the crime. Neither is there a minimum penalty for non-aggravating circumstances.

This means that all offences are punishable by a fine not exceeding Lm10,000 or a prison term not exceeding four years. If the offences are aggravated, that is the offence results in the public services being impaired, or an employer or third party is affected, the penalty is a fine of between Lm100 and Lm50,000 and a prison term of between three months and not more than 10 years.

The bill also provides for guidelines to be established to help the police carry out investigations into computer misuse offences.