Computer Crime

Question 1

Access definition

Answer 1

in relation to any computer system, means

-instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system

Note: “Access” is widely defined and covers almost all interactions with a computer

Question 2

Authorization definition

Answer 2

PEC
includes an authorisation:
-conferred on a person by or
-under an enactment or a rule of law, or
-by an order of a court or judicial process

Question 3

Computer system definition

Answer 3

(i) a computer; or
(ii) 2 or more interconnected computers; or
(iii) any communication links between computers or to remote terminals or another device; or

(iv) 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device; and
(b) includes any part of the items described in paragraph (a) and all related input, output, processing, storage, software, or communication facilities, and stored data

Question 4

Computer definition

Answer 4

Its not defined however, can be a desktop, laptop or a terminal, or point, where the system can be accessed and information or commands given by people which is physically distanced from the main processing elements of the computer:

Question 5

S249 - Accessing computer system for dishonest purpose

Answer 5

(1) Every one is liable to imprisonment for a term not exceeding 7 years who,

• directly or indirectly,
• accesses any computer system and thereby, dishonestly or
• by deception, and without claim of right,

(a) obtains any property, privilege, service, pecuniary advantage, benefit, or
valuable consideration; or
(b) causes loss to any other person.

(2) Every one is liable to imprisonment for a term not exceeding 5 years who,
-directly or indirectly,
-accesses any computer system with intent, dishonestly or by
deception, and without claim of right,—

(a) to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
(b) to cause loss to any other person

Question 6

S250 - Damaging or interfering with a Computer System

Answer 6

(1) Every one is liable to imprisonment for a term not exceeding 10 years who
- intentionally or recklessly destroys,
- damages, or alters any computer system
- if he or she knows or ought to know that danger to life is likely to result.

(2) Every one is liable to imprisonment for a term not exceeding 7 years who

• intentionally or recklessly and without authorisation,
• knowing that he or she is not authorised,
• or being reckless as to whether or not he or she is authorised,—

(a) damages, deletes, modifies, or otherwise interferes with or impairs any data or software in any computer system; or
(b) causes any data or software in any computer system to be damaged, deleted, modified, or otherwise interfered with or impaired; or
(c) causes any computer system to—

(i) fail; or
(ii) deny service to any authorised users.

Question 7

Section 252, Crimes Act 1961

Accessing computer system without authorisation

Answer 7

1) Every one is liable to imprisonment for a term not exceeding 2 years who
- intentionally accesses,
- directly or indirectly,
- any computer system without authorisation,
- knowing that he or she is not authorised to access that computer system,
- or being reckless as to whether or not he or she is authorised to access that -computer system

NOTE: does not apply to a person who has authorisation, but accesses the computer system for a purpose other than the one for which he was given access