Computer Laws in

other Countries
United States, Thailand, United Kingdom and
China
 CYBERCRIME
LAWS OF THE
UNITED STATES
Fraud and related activity in connection with
Computers
18 U.S.C. § 1030

Section (a) (2) intentionally accesses a computer without authorization or

exceeds authorized access, and thereby
obtains—

(A) information contained in a financial record of a financial in

stitution, or of a card issuer as defined in section 1602 (n)
of title 15, or contained in a file of a consumer reporting a
gency on a consumer, as such terms are defined in the
Fair Credit Reporting Act (15 U.S.C. 1681 et seq.);

(B) information from any department or agency of the United

States; or

(C) information from any protected computer if the conduct inv

olved an interstate or foreign communication;
Fraud and related activity in connection with
Computers
(3) Intentionally, without authorization to access any nonpublic
computer of a department or agency of the United States, accesses
such a computer of that department or agency that is exclusively for
the use of the Government of the United States or, in the case of a
computer not exclusively for such use, is used by or for the Govern
ment of the United States and such conduct affects that use by or
for the Government of the United States;

(4) Knowingly and with intent to defraud, accesses a protected computer

without authorization, or exceeds authorized access, and by means
of such conduct furthers the intended fraud and obtains anything of
value, unless the object of the fraud and the thing obtained consists
only of the use of the computer and the value of such use is not
more than $5,000 in any 1-year period;
Fraud and related activity in connection with
Computers
18 U.S.C. § 1030

Sec. a (i) knowingly causes the transmission of a program, info

rmation, code, or command, and as a result of such
(5-A) conduct, intentionally causes damage without
authorization, to a protected computer;

(ii) intentionally accesses a protected computer without

authorization, and as a result of such conduct,
recklessly causes damage; or

(iii) intentionally accesses a protected computer without

authorization, and as a result of such conduct,
causes damage; and
Fraud and related activity in connection with
Computers
By conduct described in clause (i), (ii), or (iii) of subparagraph (A),
18 U.S.C. § 1030 caused (or, in the case of an attempted offense,
would, if completed, have caused)—

(5-B) (i) loss to 1 or more persons during any 1-year period (and, for
purposes of an investigation, prosecution, or other proceeding
brought by the United States only, loss resulting from a related
course of conduct affecting 1 or more other protected
computers) aggregating at least $5,000 in value;

(ii) the modification or impairment, or potential modi-

fication or impairment, of the medical examination,
diagnosis, treatment, or care of 1 or more individuals;

(iii) physical injury to any person;

(iv) a threat to public health or safety; or

(v) damage affecting a computer system used by or for a

government entity in furtherance of the administration of
justice, national defense, or national security;
Fraud and related activity in connection with
Computers
18 U.S.C. § 1030 (A) except as provided in subparagraph (B), a fine under this
title or imprisonment for not more than one year, or both, in th
Punishment e case of an offense under subsection (a)(2), (a)(3) or (a)(5)
(A)(iii) of this section which does not occur after a conviction f
(c)(2)(A-B) or another offense under this section, or an attempt to commit
an offense punishable under this subparagraph

(B) a fine under this title or imprisonment for not more than 5
years, or both, in the case of an offense under subsection (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 tortious 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;
Fraud and related activity in connection with
Computers
18 U.S.C. § 1030 (C)
a fine under this title or imprisonment for not more than ten
Punishment years, or both, in the case of an offense under subsection
(a)(2) or (a)(3) of this section which occurs after a conviction f
(c)(2)(C) or another offense under this section, or an attempt to
commit an offense punishable under this subparagraph;

(A) a fine under this title or imprisonment for not more than
(c)(3)(A)
five years, or both, in the case of an offense under subsection
(a)(4) 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; and
Fraud and related activity in connection with
Computers
18 U.S.C. § 1030 (B) a fine under this title or imprisonment for not more than
ten (10 )years, or both, in the case of an offense under
Punishment subsection (a)(4) or (a)(5)(A)(iii) of this section which
occurs after a conviction for another offense under this sec
(c)(3)(B) tion, or an attempt to commit an offense punishable under
this subparagraph;

(c)(4)(A-B) (A) except as provided in paragraph (5), a fine under this

title, imprisonment for not more than 10 years, or bot
h, in the case of an offense under subsection (a)(5)(
A)(i), or an attempt to commit an offense punishable
under that subsection;
(B) a fine under this title, imprisonment for not more than
5 years, or both, in the case of an offense under sub
section (a)(5)(A)(ii), or an attempt to commit an
offense punishable under that subsection;
Fraud and related activity in connection with
Computers
18 U.S.C. § 1030 (C) except as provided in paragraph (5), a fine under this tit
le, imprisonment for not more than 20 years, or both, in the
Punishment case of an offense under subsection (a)(5)(A)(i) or (a)(5)(A
)(ii), or an attempt to commit an offense punishable under
(c)(4)(C) either subsection, that occurs after a conviction for another
offense under this section; and

(c)(5)(A-B) (5)
(A) if the offender knowingly or recklessly causes or atte
mpts to cause serious bodily injury from conduct in violati
on of subsection (a)(5)(A)(i), a fine under this title or impri
sonment for not more than 20 years, or both; and
(B) if the offender knowingly or recklessly causes or atte
mpts to cause death from conduct in violation of subsecti
on (a)(5)(A)(i), a fine under this title or imprisonment for a
ny term of years or for life, or both.
Fraud and related activity in connection with
Computers
18 U.S.C. § 1030 The term “computer” means an electronic, magnetic,
optical, electrochemical, or other high-speed data
Terms processing device performing logical, arithmetic, or
storage functions, and includes any data storage
facility or communications facility directly related to or
(e)(1) operating in conjunction with such device, but such
term does not include an automated typewriter or
typesetter, a portable handheld calculator, or other
similar device;
(2) the term “protected computer” means a computer
(e)(2)(A) (A) exclusively for the use of a financial institution or
the United States Government, or, in the case of a
computer not exclusively for such use, used by or for
a financial institution or the United States Government
and the conduct constituting the offense affects that
use by or for the financial institution or the
Government;
Fraud and related activity in connection with
Computers
18 U.S.C. § 1030

Terms
(B) which is used in interstate or foreign
(e)(2)(B) commerce or communication, including a
computer located outside the United States
that is used in a manner that affects interstate
or foreign commerce or communication of the
United States;
Computer Crime
Act Criminal Law
of Thailand
 Chapter 1: Computer Related
Offences
Sec.
Any person illegally accessing a computer system for
05 which a specific access prevention measure that is not
intended for their own use is available shall be subject
to imprisonment for no longer than six months or a fine
of not more than ten thousand baht or both.

Sec. If any person knowing of a measure to prevent access to a

computer system specifically created by a third party illegal
06 ly discloses that measure in a manner that is likely to caus
e damage to the third party, then they shall be subject to im
prisonment for no longer than one year or a fine of not
more than twenty thousand baht or both.
 Chapter 1: Computer Related
Offences
Sec. If any person illegally accesses computer data, for
07 which there is a specific access prevention measure
not intended for their own use available, then he or she
shall be subject to imprisonment for no longer than two
years or a fine of not more than forty thousand baht or
both.

Sec. Any person who illegally commits any act by electronic me

ans to eavesdrop a third party's computer data in process
08 of being sent in a computer system and not intended for th
e public interest or general people's use shall be subject to
imprisonment for no longer than three years or a fine of not
more than sixty thousand baht or both.
 Chapter 1: Computer Related
Offences
Sec.
Any person who illegally damages, destroys, corrects,
09 changes or amends a third party's computer data, eith
er in whole or in part, shall be subject to imprisonment
for no longer than five years or a fine of not more than
one hundred thousand baht or both.

Sec. Any person who illegally commits any act that causes the
10 working of a third party's computer system to be suspende
d, delayed, hindered or disrupted to the extent that the com
puter system fails to operate normally shall be subject to i
mprisonment for no longer than five years or a fine of not m
ore than one hundred thousand baht or both.
 Chapter 1: Computer Related
Offences
Sec. Any person sending computer data or e-mail to
11 another person and covering up the source of such afo
rementioned data in a manner that disturbs the other
person's normal operation of their computer system
shall be subject to a fine of not more than one hundred
thousand baht.
 Computer Crime
Act Criminal Law
of United Kingdom
 Computer Misuse Act 1990
1 Unauthorised access to computer material.
(1) A person is guilty of an offence if—
 (a) he causes a computer to perform any function with intent to secure access to any program or
data held in any computer [F1, or to enable any such access to be secured] ;
 (b) the access he intends to secure [F2, or to enable to be secured,] is unauthorised; and
 (c) he knows at the time when he causes the computer to perform the function that that is the ca
se.
(2) The intent a person has to have to commit an offence under this section need not be directed at—
 (a) any particular program or data;
 (b) a program or data of any particular kind; or
 (c) a program or data held in any particular computer.
[F3(3) A person guilty of an offence under this section shall be liable—
 (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12
months or to a fine not exceeding the statutory maximum or to both;
 (b) on summary conviction in Scotland, to imprisonment for a term not exceeding [F412] months
or to a fine not exceeding the statutory maximum or to both;
 (c) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine o
r to both.]
 Computer Misuse Act 1990
2 Unauthorised access with intent to commit or facilitate commission of further offences.
(1) A person is guilty of an offence under this section if he commits an offence under section
1 above (“the unauthorised access offence”) with intent—
 (a) to commit an offence to which this section applies; or
 (b) to facilitate the commission of such an offence (whether by himself or by any other person);
and the offence he intends to commit or facilitate is referred to below in this section as the further off
ence.
(2) This section applies to offences—
 (a) for which the sentence is fixed by law; or
 (b) for which a person who has attained the age of twenty-one years (eighteen in relation to Engl
and and Wales) and has no previous convictions may be sentenced to imprisonment for a term o
f five years (or, in England and Wales, might be so sentenced but for the restrictions imposed by
section 33 of the M1Magistrates’ Courts Act 1980).
(3) It is immaterial for the purposes of this section whether the further offence is to be commit
ted on the same occasion as the unauthorized access offence or on any future occasion.
(4) A person may be guilty of an offence under this section even though the facts are such th
at the commission of the further offence is impossible.
[F5(5) A person guilty of an offence under this section shall be liable—
 (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12
months or to a fine not exceeding the statutory maximum or to both;
 (b) on summary conviction in Scotland, to imprisonment for a term not exceeding [F612] months
or to a fine not exceeding the statutory maximum or to both;
 (c) on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine
 or to both.]
 Computer Misuse Act 1990
3 Unauthorised acts with intent to impair, or with recklessness as to impairing, operation
of computer, etc.
(1) A person is guilty of an offence if—
 (a) he does any unauthorised act in relation to a computer;
 (b) at the time when he does the act he knows that it is unauthorised; and
 (c) either subsection (2) or subsection (3) below applies.
(2) This subsection applies if the person intends by doing the act—
 (a) to impair the operation of any computer;
 (b) to prevent or hinder access to any program or data held in any computer; [F8or]
 (c) to impair the operation of any such program or the reliability of any such data; [F9or
 (d) to enable any of the things mentioned in paragraphs (a) to (c) above to be done.]]
(3) This subsection applies if the person is reckless as to whether the act will do any of the
things mentioned in paragraphs (a) [F10to (d)][F10to (c)] of subsection (2) above.
(4) The intention referred to in subsection (2) above, or the recklessness referred to in sub
section (3) above, need not relate to—
 (a) any particular computer;
 (b) any particular program or data; or
 (c) a program or data of any particular kind.
(5) In this section—
 (a) a reference to doing an act includes a reference to causing an act to be done;
 (b) “act” includes a series of acts;
 Computer Misuse Act 1990

 (c) a reference to impairing, preventing or hindering something includes a

reference to doing so temporarily.

(6) A person guilty of an offence under this section shall be liable—

 (a) on summary conviction in England and Wales, to imprisonment for a term not
exceeding 12 months or to a fine not exceeding the statutory maximum or to
both;
 (b) on summary conviction in Scotland, to imprisonment for a term not exceedin
g [12] months or to a fine not exceeding the statutory maximum or to both;
 (c) on conviction on indictment, to imprisonment for a term not exceeding ten yea
rs or to a fine or to both.
 Computer Misuse Act 1990
3ZA Unauthorised acts causing, or creating risk of, serious damage
(1) A person is guilty of an offence if—
 (a) the person does any unauthorised act in relation to a computer;
 (b) at the time of doing the act the person knows that it is unauthorised;
 (c) the act causes, or creates a significant risk of, serious damage of a material kind; and
 (d) the person intends by doing the act to cause serious damage of a material kind or is reckles
s as to whether such damage is caused.
(2) Damage is of a “material kind” for the purposes of this section if it is—
 (a) damage to human welfare in any place;
 (b) damage to the environment of any place;
 (c) damage to the economy of any country; or
 (d) damage to the national security of any country.
(3) For the purposes of subsection (2)(a) an act causes damage to human welfare only if it c
auses—
 (a) loss to human life;
 (b) human illness or injury;
 (c) disruption of a supply of money, food, water, energy or fuel;
 (d) disruption of a system of communication;
 (e) disruption of facilities for transport; or
 (f) disruption of services relating to health.
(4) It is immaterial for the purposes of subsection (2) whether or not an act causing damage
—
 (a) does so directly;
 Computer Misuse Act 1990
 (b) is the only or main cause of the damage.
(5) In this section—
 (a) a reference to doing an act includes a reference to causing an act to be don
e;
 (b) “act” includes a series of acts;
 (c) a reference to a country includes a reference to a territory, and to any place
in, or part or region of, a country or territory.

(6) A person guilty of an offence under this section is (unless subsection (7)
applies) liable, on conviction on indictment, to imprisonment for a term not
exceeding 14 years, or to a fine, or to both.

(7) Where an offence under this section is committed as a result of an act cau
sing or creating a significant risk of—
 (a) serious damage to human welfare of the kind mentioned in subsection
(3)(a) or (3)(b), or
 (b) serious damage to national security,
a person guilty of the offence is liable, on conviction on indictment, to imprisonment
for life, or to a fine, or to both.]
 Computer Misuse Act 1990
3A Making, supplying or obtaining articles for use in offence under [F14section 1, 3 or
3ZA]
(1)A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article int
ending it to be used to commit, or to assist in the commission of, an offence under [F15section 1,
3 or 3ZA].

(2)A person is guilty of an offence if he supplies or offers to supply any article believing that it is
likely to be used to commit, or to assist in the commission of, an offence under [F16section 1, 3
or 3ZA].

(3)A person is guilty of an offence if he obtains any [F17article—

 (a)intending to use it to commit, or to assist in the commission of, an offence under section 1
, 3 or 3ZA, or
 (b)with a view to]
its being supplied for use to commit, or to assist in the commission of, an offence under [F18
section 1, 3 or 3ZA].

(4)In this section “ article ” includes any program or data held in electronic form.
 Computer Misuse Act 1990

(5)A person guilty of an offence under this section shall be liable—

 (a)on summary conviction in England and Wales, to imprisonment for a
term not exceeding 12
months or to a fine not exceeding the statutory maximum or to both;
 (b)on summary conviction in Scotland, to imprisonment for a term not
exceeding [F1912] months or to a fine not exceeding the statutory
maximum or to both;
 (c)on conviction on indictment, to imprisonment for a term not
exceeding two years or to a fine or to both.]
 Data Protection Act 1998

PART I PRELIMINARY
1 Basic interpretative provisions.
................................
2 Sensitive personal data.
................................
3 The special purposes.
................................
4 The data protection principles.
................................
5 Application of Act.
................................
6 The Commissioner . . . .
 Computer Misuse Act 1990

 Offence 1
and 3A having a potential sentence of 2 years
imprisonment.

 Offence 2 is 5 years imprisonment.

 Offence 3 is 10 years imprisonment.

 Offence 3ZA most serious crime covered by the act and has a

MAXIMUM sentence life imprisonment.

CYBERCRIME
LAWS OF THE
CHINA
Article 285
Whoever violates state regulations
and intrudes into computer systems
with information concerning state
affairs, construction of defense
facilities, and sophisticated science
and technology is be sentenced to
not more than three years of fixed-
term imprisonment or criminal
detention.
 Article 286
Whoever violates states regulations and deletes, alters, adds,
and interferes in computer information systems, causing
abnormal
operation of the systems and grave consequences, is to be
sentenced to not more than five years of fixed-term
imprisonment or criminal detention; when the consequences
are particularly serious, the sentence is to be not less than
five years of fixed-term imprisonment
 Article 286
Whoever violates states regulations and deletes, alters, adds,
and interferes in computer information systems, causing
abnormal
operation of the systems and grave consequences, is to be
sentenced to not more than five years of fixed-term
imprisonment or criminal detention; when the consequences
are particularly serious, the sentence is to be not less than
five years of fixed-term imprisonment.

Whoever deliberately creates and propagates computer virus

and other programs which sabotage the normal operation of
the computer system and cause grave consequences is to
punished according to the first paragraph.
 Article 287
Whoever uses a computer for financial fraud, theft, corruption,
misappropriation of public funds, state secrets, or other crimes
is to be convicted and punished according to relevant regulations
of this law.
Thank you