Unauthorised Access means any action that operates an Access Controlled Computer by either (i) inputting an identification code ( shikibetsu-fugou) (e.g., password and ID) allocated to a user who is authorised to access the Access Controlled Computer (an “ Authorised User”), without the permission of the Access Administrator or the Authorised User, or (ii) inputting any information (other than an identification code) or command that enables that person to evade control (e.g., cyberattack of a security flaw), without the permission of the Access Administrator (UCAL, Article 2, Paragraph 4).
(A) The UCAL imposes criminal sanctions on any person who makes an “ Unauthorised Access” to a computer (an “ Access Controlled Computer”), the access to and operation of which are under the control of an administrator (the “ Access Administrator”). 1.1 Would any of the following activities constitute a criminal or administrative offence in your jurisdiction? If so, please provide details of the offence, the maximum penalties available, and any examples of prosecutions in your jurisdiction:Īs background, there are two main laws that criminalise cyberattacks, namely (A) the Act on the Prohibition of Unauthorised Computer Access (the “ UCAL”), and (B) the Penal Code.
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