Criminal and non-criminal access to computer systems : a comparative analysis

Abstract

In modern times, technology is increasing at an alarming rate and as a result of this, new crimes are being added to the conventional list of crimes society is used to. The development of technology brought about new forms of cybercrime and one of the most utilised forms of cybercrime includes hacking. As crimes evolve, the laws must also evolve to cater for new scenarios. This dissertation will differentiate between the criminal and non-criminal access to computer systems by making a reference to the Budapest Convention on Cybercrime, the Maltese legislation as well as the legislation of other jurisdictions. After the definition of hacking is explained and the dangers of hacking are discussed, this dissertation will dissect the Maltese law and the latter will be supported through the analysis of certain cases. Sub title V of chapter 9 of the laws of Malta entitled ‘Computer Misuse’, refers to the unauthorised access to computer systems, which is the legal terminology used to define hacking under the Maltese criminal code. In addition, an analysis of the laws and cases of other jurisdictions will be analysed and a comparative analysis will be made between the Maltese jurisdiction and the foreign jurisdictions. The dissertation will then progress to define how certain types of hackers, known as white hat hackers in non-legal jargon, act within the remits of the law and thus their actions are not considered to be of a criminal nature. By the end, the reader would have acquired enough knowledge to be able to distinguish between the criminal and non-criminal access to computer systems and therefore whether the hacker is acting in accordance to the law or not.