This website uses cookies to improve your browsing experience. By continuing to use this website you agree to our use of cookies. For more information on our use of cookies, click here to review the Cookies Policy.。
On 3 June 2003 the Legislative Yuan enacted amendments to the Criminal Code, which were promulgated by the President on 25 June 2003 and took effect on 27 June 2003. A new chapter devoted to offences involving interference in the use of computers is added. The main points are as follows:
Producing a computer virus program that causes loss to another person is made pun-ishable by up to five years' imprisonment or detention, and/or a fine of up to NT$200,000. (Detention is a lesser custodial sentence that does not affect the sentencing of repeat of-fences, and may be reduced to a warning.)
Inundating another person's e-mail account with e-mails, without legitimate cause, so that the account's capacity is exceeded, is punish-able by up to three years' imprisonment and/or a fine of up to NT$100,000.
Inputting another person's account password, defeating protection measures for the use of a computer, or exploiting vulnerabilities in a computer system, so as to gain access to an-other person's computer or related equipment without legitimate cause, is punishable by up to three years' imprisonment or detention and/or a fine of up to NT$100,000.
Interfering with another person's computer or related equipment by means of computer pro-grams or other electromagnetic means, with-out legitimate cause, and thereby causing loss to the public or another person, is punishable by up to three years' imprisonment or deten-tion and/or a fine of up to NT$100,000.
The maximum prison sentence for improperly acquiring property by gaining access to bank payment equipment via computer networks is increased from three to five years, and the maximum fine is increased to NT$100,000.
Acquiring, deleting or altering electromag-netic records on another person's computer or related equipment, without legitimate cause, and thereby causing loss to the public or to another person, is punishable by up to five years' imprisonment or detention and/or a fine of up to NT$200,000. In cases where the computer system of a public agency is infil-trated and there is a possibility of national se-crets being exposed or of national security being compromised, the amended code pro-vides for the above penalties to be increased by up to half.
With regard to acts such as disseminating vi-ruses via networks, the amended code pro-vides that producing an offending computer program specifically for the purpose of inter-fering in the use of computers in the commis-sion of a crime, and thereby causing loss to the public or to other persons, is punishable by up to five years' imprisonment or detention and/or a fine of up to NT$200,000.
