Computer Crime

Question 1

Access definition for computer crimes

Answer 1

“Access” is widely defined and covers almost all interactions with a computer system such as using a computer at work and more remote forms of access such as viewing a website or using a virus.
Access requires that the person instructing or communicating with the computer system has some form of connection with the computer system through which instructions or communications may pass: Adams on Criminal Law,

Question 2

computer system definition

Answer 2

computer system —

(a) means—
(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 3

Why is computer not defined further in the act

Answer 3

“Computer” is not defined in the Crimes Act 1961.
This is not problematic where the subject of the enquiry is a desktop computer, laptop or server. However, as technology advances and microprocessors are integrated into a wider variety of devices, what is a computer and what is a peripheral device will become less clear. The Courts will consider the ordinary usage of the device at the time of the offence.
The phrase “any communication links between computers or to remote terminals or another device” denotes a terminal, or point, where the system can be accessed and information or commands given by people with appropriate authority, which is physically distanced from the main processing elements of the computer: Adams on Criminal Law,

Question 4

Accessing computer system for dishonest purpose legislation

Answer 4

Section 249, Crimes Act 1961
Accessing computer system for dishonest purpose
(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.

Question 5

Damaging or interfering with a computer system legislation

Answer 5

Section 250, Crimes Act 1961
Damaging or interfering with a Computer System
(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.

Question 6

Accessing computer system without authorisation legislation

Answer 6

Section 252, Crimes Act 1961
Accessing computer system without authorisation
(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.