Computer Crime

Question 1

Access

Answer 1

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

Short: Interactions with a computer

Question 2

Authorisation

Answer 2

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

Answer 3

(1) A computer
(2) 2 or more interconnected computers
(3) Any communication links between computers or to remote terminals or another device
(4) 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device

Question 4

Section 249, Crimes Act 1961

Accessing a computer system for a dishonest purpose - 7yrs (1)
Accessing a computer system for a dishonest purpose - 5yrs (2)

Answer 4

(1)

• Directly or indirectly
• Accesses any computer system, and thereby
• Dishonestly or by deception
• Without claim of right
  (a) obtains any property, privilege, service etc
  (b) causes loss to any other person

(2)

• Directly or indirectly
• Access any computer system with intent
• Dishonestly or by deception
• Without claim of right
  (a) to obtain any property, privilege, service etc
  (b) to cause loss to any other person

Question 5

What is the difference between s249 subsection (1) and (2)?

Answer 5

(1) Where a person has actually accessed a computer system and obtains the material or causes loss to a person
(2) Where a person actually accesses the computer system with intent, regardless of the outcome

Question 6

Section 250, Crimes Act 1961

Damaging or interfering with a computer system - 10yrs (1)
Damaging or interfering with a computer system - 7yrs (2)

Answer 6

(1)

• 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)

• Intentionally or recklessly
• Without authorisation
• Knowing that he or she is not authorised or being reckless as to whether he or she is authorised -
  (a) Damages, deletes, modifies or otherwise interferes with or impairs any data or software on any computer system
  (b) Causes any data or software in any computer system to be damaged, deleted, modified or otherwise interfered with or impaired
  (c) Causes any computer system to
• Fail
• Deny service to authorised users

Question 7

What is the distinction between 250(1) and 250(2)?

Answer 7

(1) Reflects more serious from or arson, wilful damage, endangering transport etc which have the element of endangering life
(2) Makes it an offence to damage etc any computer system and adds the requirement that the defendant must act without authorisation and knowledge/recklessness that they are not authorised
(2b) Includes instances of his/her own actions, or third party actions, will cause damage to computer system

Question 8

Section 252, Crimes Act 1961

Accessing Computer System Without Authorisation (2yrs)

Answer 8

• Intentionally accesses
• Directly or indirectly
• Any computer system without authorisation
• Knowing that he or she is not authorised to access that comp system or being reckless as to whether or not he or she is authorised to access that comp system

Does not apply to person who has authorisation to use computer system but accesses that computer system for a purpose other than the one for which the person was given access