Benjamin Ang

EDUCATION CHAIR, Internet Society

CONSULTANT, Keystone Law Corporat ion

LECTURER, Temasek Poly technic

Ben.ang@gmai l .com

Techmusicar tand law.b logspot .com

THE LAW AND AARON

SWARTZ – COULD IT

HAPPEN IN SINGAPORE?

Copyright

Is there copyright in journal articles?

Who owns the copyright?

Will the police take action for a breach?

Is there a law against accessing data?

What can police do when investigating a

case?

How can we prevent suicide?

OUTLINE

COPYRIGHT

Types of works that have copyright

Musical works

Artistic works

Dramatic works

Literary works –

including journals

What copyright prevents you from doing (without permission)

Copying / reproducing a

substantial part

Adapting

Making available to the

public

IS THERE COPYRIGHT IN JOURNAL

ARTICLES?

The author owns copyright first

To get it published, he/she gives it to the

publisher

WHO OWNS THE COPYRIGHT?

I‘ve written an article

about my favourite XYZ

Obscure Point of

Research. Do you want it?

Author Publisher

I‘ll get it edited, peer

reviewed, and published it.

Then you give me all the

rights to the article.

COPYRIGHT

Rights Holder takes action?

Civil lawsuit

If defendant loses, he

must

Pay damages (<$10K

each)

Deliver up the infringing

items for destruction

Police take action?

Criminal action

If defendant loses, he could

Pay a fine

Go to prison

Rights holder can run the criminal action in cases of

Counterfeiting

Piracy

WHO SHOULD TAKE ACTION,

RIGHTS HOLDER OR POLICE?

IS THERE A LAW

AGAINST

ACCESSING DATA

WITHOUT AUTHORITY?

Section 2 – Definition

(‗Computer‘, ‗Unauthorized‘, ‗Access‘)

s.3 Unauthorized Access

s.4 Accessing to commit

crime

s.5 Modification

s.6 Unauthorized

use

s.7 Unauthorized obstruction

8

HOW TO READ THE CMCSA

A person secures access to any program or

data held in a computer if by causing a

computer to perform any function A he —

alters or erases the program or data; B

copies or moves it to

any (other) storage medium

Or a different location in the storage medium; C

uses it; D or

causes it to be output (display or otherwise) E

9

S2(2) DEFINITION OF ‗ACCESS‘

he is not himself entitled to control

access of the kind in question to the

program or data; A and

he does not have consent to access by

him of the kind in question to the

program or data from any person who is

so entitled. B

10

S2(5) DEFINITION OF ‗UNAUTHORIZED‘

Can a system

administrator in a

company read the e-

mail messages of

employees?

11

QUESTION

12

SONG YICK BIAU‘S CASE

Sure! My password is

―password‖

Hi blurgirl1999, can you

give me your password? Ha, now I can

pretend to be

her and chat

with her

friends online!

13

MUHAMMAD NUZAIHAN‘S CASE(S)

Got into proxy

//swiftech/cloud4

Executed

‗ROTSHB

‘ to

access

files

Executed

‗bounce‘

to open

port

Used

open

port to

IRC

Installed backdoor

on SCV‘s FTP server

Used FTP to use

SCV‘s high speed

network without

paying

Ordinary Computers

First time

Fine $10,000

Prison 3 years

Second timer

Fine $20,000

Prison 5 years

Protected Computers

9.—(1) Where access to

any protected computer

is obtained …

fine not exceeding

$100,000

or imprisonment not

exceeding 20 years

or to both.

14

WHAT IS THE PUNISHMENT?

s.9(2) … the person committing the

offence knew, or ought reasonably to

have known, that the computer or

program or data is used directly in

connection with or necessary for —

the security, defence or international relations

of Singapore; A

15

WHICH ARE ―PROTECTED‖ COMPUTERS?

the existence or identity of a confidential source

of information relating to the enforcement of a

criminal law; B

the provision of services directly related to

communications infrastructure, banking and

financial services, public utilities, public

transportation or public key infrastructure; or C

the protection of public safety including systems

related to essential emergency services such as

police, civil defence and medical services. D

16

WHICH ARE ―PROTECTED‖ COMPUTERS?

WHAT CAN POLICE DO

WHEN INVESTIGATING A

CASE?

S.15A(2)(a) The powers referred to in sections 39 and 40 of the Criminal Procedure Code

They can search and seize computers

They can break encryption

They can demand passwords

Obstruction = jail

S.15A(2)(b) provide any information necessary

S.15A(2)(c) … (including real-time information)

18

POLICE POWERS OF SEARCH AND SEIZURE

IS SUICIDE INEVITABLE?

Legal Aid Bureau

https://www.mlaw.gov.sg/content/lab/e

n.html

Samaritans of Singapore

http://www.samaritans.org.sg/

Touch Community Helpline

http://www.touch.org.sg/helplines

WHAT CAN AN ACCUSED PERSON DO?

IF IT HAPPENS TO YOU,

GET HELP