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.