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    Draft goes after computer crime

    CRACKDOWN: People who program viruses or spread them with the intention of harming other systems may face stiffer penalties if the legislature gives its approval
    By Ko Shu-Ling
    STAFF REPORTER
    Wednesday, Oct 30, 2002, Page 3

    Those who program or spread computer viruses and cause damage to other people's computer systems could face criminal punishments if the draft amendments to the Criminal Code are passed by the legislature.

    The Executive Yuan is scheduled to approve the amendments during the weekly closed-door Cabinet affairs meeting today.

    According to Hsu Chih-hsiung (³\§ΣΆ―), minister without portfolio, who was in charge of reviewing the draft, the amendments are made in accordance with the speedy development of computer technology and the prevalence of the Internet.

    "As new types of computer crimes emerge, it's necessary to make adjustments to the Criminal Code accordingly," he said.

    The amendments are also made in line with the trend of legislation of other countries, Hsu added.

    "Take the US and UK for example, as the US enshrines computer crimes in the United States Code, the UK has enacted a Computer Misuse Act," Hsu said.

    Under the draft amendments to the Criminal Code, those who program or spread computer viruses and cause damage to the public would be subject to a maximum sentence of seven years in prison and a fine of NT$500,000.

    The draft would also raise the jail term and fines for those who use automatic teller machines to unlawfully obtain money or engage in illegal financial transactions.

    The maximum sentence would be increased from the original three years to five and a maximum fine from NT$10,000 to NT$100,000.

    Those who deliberately acquire, delete or alter information stored on the computer of another individual and cause damage to the individual or the public could face a maximum sentence of five years in prison and a fine of NT$200,000.

    The draft would also add another article that would impose a maximum sentence of three years and a fine of NT$100,000 to those who deliberately break into another person's computer account, crack the person's computer protection code or take advantage of a person's computer system for unlawful gains by using a computer program or other means.

    Violators could face a maximum sentence of three years in prison and a fine of NT$100,000.

    Another article added to the draft is to impose a maximum sentence of three years in prison and a fine of NT$100,000 to those who deliberately use a computer program or other magnetic means to interrupt another person's computer system and cause damage.

    Those who break into the government's computer systems and cause a leak of national secrets or endanger national security would face more severe prison terms.

    Those who deliberately acquire, delete or alter the information stored on the government's computer system could face a maximum sentence of 10 years in prison and a fine of NT$400,000.

    Those who deliberately break into the government's computer system, crack the government's computer protection code or take advantage of the government's computer system could be subject to a maximum jail term of seven years in prison and a fine of NT$20,000.

    Those who use deliberately use a computer program or other magnetic means to interrupt the government's computer system could face a maximum sentence of seven years in prison and a fine of NT$200,000.
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