?? computer chrime - current practices, problems and proposed so.txt
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has recently been developed that will not allow a user to select an obvious password.176 Encryption programs, similar to the program used on Unix operating system, can scramble a password in a non reversible manner so that if the encrypted password falls into the hands of an individual who is not supposed to access the system, the person will not be able to get into the system. These systems can also be used so that if a hacker does get into a computer system and attempts to get information, the information will not be readable.177 A problem that must be address is the lack of laws concerning copyright protection of computer programs in foreign countries. The Pakistan Brain178 was written to discourage copying of a program without authorization. By creating pirating penalties a reason for the creation of computer viruses will be removed and less viruses will be created.179 Many in the field argue that computer programs should not be copyrighted.180 Copyright protection should not be afforded to computer programs since they are only mathematical equations.181 Copyright protection should be given to the maker of a computer programmer only for a short period of time.182 A novel concept which will both satisfy the computer hackers quest for knowledge through examining computer systems and protect the integrity of computer systems is to create a computer systems for the use of hackers alone.183 This computer would not be connected to other computer systems, but can be accessed through a modem.184 If created, accounts would be given to all interested computer enthusiasts. Those participating will not be prosecuted for exploring unauthorized areas of the system.185 Since other computer systems will not be accessible through this system, any activity on this system will not endanger the information on other systems.186 By allowing this to be done, a major problem will be solved, the inability to afford to buy a mainframe system, while a person will still be able to learn about different types of systems. If any laws are to be made, they should make "knowing"187 or "intentionally"188 unauthorized access into a computer a crime. By making the intent of the crime be knowing, it will allow those who accidently connect to a computer system that they think is theirs but is not to be excused from punishment. The law must also be done in a way that will allow it to be enforced across national boundaries. A computer hacker can access computers from across the world without ever leaving his home country.189 If these laws can only be enforced within the home country, then a person can, in theory, go into a country of whose computers that he would never want to access and access into other computers without fear of punishment.190 An international convention should be convened to address this problem. Since the problem is of international concern and the crimes do occur across the boarders of countries, by setting standards by the international community concerning the conduct of computer users, the hodgepodge of computer crime laws will be eradicated in favor of a common international standard. As the boundaries in Western Europe disappear in anticipation of 1992, international access is sure to accelerate. Colleges, Universities and high schools must institute programs designed to address proper computer use.191 Although not all computer users are not trained in school, teaching the ethical use of computers will allow users to understand the need for security on systems. These programs will also show users that computer crime is dangerous to society.192 Problems concerning computer crime should be publicized so as not to mystify the crime.193 The United States and other countries must create more Computer Emergency Response Teams (CERT). These teams are to coordinate community responses to emergency situations, coordinate responsibility for fixing hole in computer systems and serve as a focal point for discussions concerning computer systems.194 These groups regularly post notices concerning computer viruses or other dangers in the Internet computer system. The scope of these groups should be expanded so they may be a focal point of the needs and desires of those who use computers. If they are used to gather information as a clearing house type operation, the spread of information concerning computer systems and problems with the systems will be more adequately addressed. IV. Conclusion Computer crime is a growing problem. With the advent of the computer and a more computer literate public, crimes committed by computers will increase. To effectively address the problem, laws must be created to outlaw activity which is designed to further illegitimate ends. These laws have moved in the right direction concerning what should be outlaws so as to balance the needs of computer users against those of the computer owners. To enforce these laws, governments must realize that the problem of computer crime is not only of local concern. Educational programs and standards of ethics must be created from within the computer users community. Corporations which use computers must educate their employees to reduce the fear that one might have when addressing a computer security issue. Copyright laws must be strengthened in countries that either do not have or have weak copyright laws so that the need to create viruses to protect an individual's or corporation's work will no longer be necessary. To satisfy users curiosity with computers, a non-secure computer system should be created. This system will allow those who wish to explore a system in order to understand the system may. Those individuals can do so without the fear of prosecution. Only by directly addressing the causes of computer crime and drafting standards and laws to address the unique area will the problem of computer crime be adequately addressed. Light must be shined on the area so individuals will realize that fear of the machines is not justified. Only by doing so may we enter the 21st century realizing the full potential of computers. Appendix A Ghana Computer Crime Law (Proposed) Computer Crime Law Computer Crime Law In pursuance of the Provisional National Defense Council (Establishment) Proclamation 1981, this Law is hereby made: 1. Any person who, with intent to defraud, (a) alters, damages, destroys or otherwise manipulates data or program stored in or used in connection with a computer, or (b) obtains by any means, information stored in a computer and uses it to his advantage or to another person's advantage to the disadvantage of any other person, or (c) uses a computer commits an offense. Charge: Computer-related fraud. ALTERNATIVE: (1) A person commits an offense if that person obtains access to a computer program or data, whether stored in or used in connection with a computer or to a part of such program or data to erase or otherwise alter the program or data with the intention- 1. (a) of procuring an advantage for himself or another person: or (b) of damaging another person's interests. 2. Any person who, by any means, without authority, wilfully destroys, damages, injures, alters or renders ineffective data stored in or used in connection with a computer commits an offense. Charge: Damaging Computer data. 3. Any person who, without authority, knowingly uses a computer commits and offense. Charge: Unauthorized use of a computer. 4. Any person who, without authority, knowingly gains access to a computer, computer network, or any part thereof commits an offense. Charge: Unauthorized access to a computer. 5. Any person who, knowingly and dishonestly introduces, records or stores, or causes to be recorded, stored or introduced into a computer or computer network by any means, false or misleading information as data commits an offense. Charge: Insertion of false information as data. ALTERNATIVE: (5) A person commits an offense if, not having authority to obtain access to a computer program or data, whether stored in or used in connection with a computer, or to a part of such program or data, he obtains such unauthorized access and damages another person's interests by recklessly adding to, erasing or otherwise altering the program or the data. 6. Any person under a contractual or other duty to introduce, record or store authorised data into a computer network, who negligently or dishonestly fails to introduce, record or store, commits an offense. Charge: Omission to introduce, record or store data. ALTERNATIVE (6) Any person under a contractual or other duty to introduce, record or store data into a computer or computer network who negligently or dishonestly fails to introduce, record or store, commits an offense. 7. Any authorised person who willfully or intentionally allows information from a computer to get into the hands of an unauthorised person who uses such information to his advantage commits an offense. Charge: Allowing unauthorised person to use computer data. 8. A person guilty of an offense under this Law shall be liable:- (a) on summary conviction, to imprisonment for a term not exceeding two years or to a fine not exceeding the statutory maximum or both; or (b) on conviction on indictment, to imprisonment for a term not exceeding ten years or to an unlimited fine, or both. 9. A court in Ghana shall have jurisdiction to entertain proceedings for an offense under this Law, if at the time the offense was committed:- (a) the accused was in Ghana; or (b) the program or the data in relation to which the offence was committed was stored in or used with a or used with computer or computer network in Ghana. computer network in Ghana. 10. In this Law, unless the context otherwise requires:- "access" includes to log unto, instruct, store data or programs in, retrieve data or programs from, or otherwise communicate with a computer, or gain access to (whether directly or with the aid of any device) any data or program. "computer" includes any device which is capable of performing logical, arithmetical, classifactory, mnemonic, storage or other like functions by means of optical, electronic or magnetic signals. "Computer network" includes the interconnection of two or more computers, whether geographically separated or in close proximity or the interconnection of communication systems with a computer through terminals, whether remote or local. "Computer program" includes an instruction or statement or series of instructions or statements capable of causing a computer to indicate, perform, or achieve any function. "data" includes a representation in any form whether tangible or intangible that is capable of being stored in or retrieved by a computer. ENDNOTES ENDNOTES 1. Financial Times Limited (London) April, 1990. 2. See, infra, endnote 36 and accompanying text. infra 3. Stoll, The Cuckoo's Egg (1990). [hereinafter Stoll]. The Cuckoo's Egg 4. Lyons, 13 Are Charged in Theft of Data from Computers, New York Times, August 17, 1990, B2, col. 3.
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