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Chris12
Chris12, Teacher
Category: Homework
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Experience:  Resource Center Assistant, Researcher, Tutor
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I need to know what laws are being broken in this scenario

Customer Question

I need to know what laws are being broken in this scenario and what charges may result from this.
Please use this link to view scenario: http://www.mediafire.com/view/?dbfhyysokajtxoj
regards
billy
Submitted: 1 year ago.
Category: Homework
Expert:  Chris12 replied 1 year ago.

Chris12 :

Hello Billy, I would like to assist you. What day and time is the assignment due? How many pages or words are needed? APA or MLA? How many references do you need for the assignment? Is there any additional information needed to complete the assignment?

Customer :

Basically all that I need to know are what UK laws are being broken, .ie data protection act 1998 etc. what are the likely sentances for breaking such laws, what action can be taken against the police for their treatment of shaun, .ie contravention of the PACE act, Human and Civil rights acts. and finally what company rules has shaun broken if found guilty, or is there insufficient evidence or was there too much access to his pc.

Customer :

the limit of words or pages required is limited to the extent of the answer, Time limit, I have to submit this within the next few days, so as quick as possible please

Customer :

regards

Customer :

Billy

Chris12 :

Okay, I'll get on it ASAP.

Customer : Ok, thank you
Chris12 :

You're welcome.

Customer :

Hi Chris, I forgot to mention that any references need to be shown as per the Harvard referencing system, thank you, Billy

Chris12 :

I was unable to access the scenario. Can you send me another link to the information? Thank you.

Customer :

Here is the link again Chris, I just checked the original and it works fine so try this again please; http://www.mediafire.com/view/?dbfhyysokajtxoj

Customer :

regards

Customer :

Billy

Chris12 :

Thanks Billy this link worked. I can have it done be either Sunday evening or Monday morning. Which would be better for you?

Customer :

Hi Chris,

Customer :

Either will do, its our may holiday weekend here so Monday will probably be better.

Customer :

regards

Customer :

Billy

Chris12 :

Okay, thank you. Monday it is.

Chris12 :

Here's the assignment, if you need help in the future please let me know. Have a nice day.

Chris12 :

Sean has violated the bank's computer policy and there are three likely consequences for his actions. First, if the bank deems Sean's actions severe enough it can terminate his employment and deny his benefits? Second, the bank can bring a lawsuit against Sean based on the English Tort Law: Causation [Barnett v chelsea & Kensington Hospital [1969] 1 QB 428 and Chester v Afshar [2004] 3 WLR 927]. This is in anticipation that the bank's customers become aware of Sean's actions and take their business elsewhere. This would cause an economic loss concerning customer revenue. The more people that know about the situation the more money will be lost by the bank. Third, the bank can have Sean arrested for his violation of bank computer policy which has already occured.


In terms of the police Sean can be charged with a cybercrime offense which is covered by both the Computer Misue Act 1990 and the Police and Justice Act 2006. Sean can be sentenced to 2 years in prison.


The Computer Misuse Act 1990, ‘an Act to make provision for securing computer material against unauthorised access or modification; and for connected purposes’, set out three computer misuse offences.


Unauthorised access to computer material


Unauthorised access with intent to commit or facilitate commission of further offences


Unauthorised modification of computer material


The maximum prison sentences specified by the act for each offence were six months, five years and five years respectively (Amendments to the Computer Misuse Act, introduced in the Police and Justice Act 2006, are discussed below).


The Police and Justice Act 2006 [PDF 748Кb] (which covers broader issues than computer crime alone) included amendments to the Computer Misuse Act. The maximum prison sentence under section 1 of the original Act was increased from six months to two years. Section 3 of the Act (‘unauthorised modification of computer material’) was amended to read ‘unauthorised acts with intent to impair or with recklessness as to impairing, operation of computer, etc.’ and carries a maximum sentence of ten years.


The Act also added another section, ‘Making, supplying or obtaining articles for use in computer misuse offences’, carrying a maximum sentence of two years. This section states:


A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article intending it to be used to commit, or to assist in the commission of, an offence under section 1 or 3.


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 section 1 or 3.


A person is guilty of an offence if he obtains any article with a view to its being supplied for use to commit, or to assist in the commission of, an offence under section 1 or 3.


In this section “article” includes any program or data held in electronic form.

Chris12, Teacher
Category: Homework
Satisfied Customers: 1389
Experience: Resource Center Assistant, Researcher, Tutor
Chris12 and 6 other Homework Specialists are ready to help you
Customer: replied 1 year ago.


Hi Chris,


great work, could you possibly give me a list of your references for this work, as my tutors are very strict on this.


I will ask for you personally regarding future works, please drop me a line on what your speciality subjects are.


Regards


Billy

Expert:  Chris12 replied 1 year ago.

I'll keep my eyes open for your next assignment.

 

Here are the references:

E-Lawresources. (2013). Tort Law. Retrieved May 5, 2013 from

http://www.e-lawresources.co.uk/Tort-law.php

 

Emm, D. (2013). Cybercrime and the law: a reivew of UK computer crime legislation. Retrieved May 5, 2013 from http://www.securelist.com/en/analysis/204792064/Cybercrime_and_the_law_a_review_of_UK_computer_crime_legislation

Customer: replied 1 year ago.

Thank you

Expert:  Chris12 replied 1 year ago.
You're welcome.

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