Computer Crime

Question 1

Access - definition

Answer 1

CA61; S248:

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

Question 2

Authorization - definition

Answer 2

CA61; S248:

Includes an authorisation conferred on a person by or under an enactment or a rule of law, or by a court order or judicial process.

Question 3

Computer System - definition

Answer 3

(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 4

Accessing Computer System For Dishonest Purpose

Section and Elements

Answer 4

• CA61; S249(1)(a)(b):** (7 years imprisonment)
  1. directly or indirectly,
  2. accesses any computer system *and thereby,
  3. dishonestly or by deception,
  4. and without claim of right
  5. (a) obtains any property, privilege, service, benefit, pecuniary advantage, or valuable consideration; or (b) causes loss to any other person.
• CA61; S249(2)(a)(b):** (5 years imprisonment)
  1. directly or indirectly,
  2. accesses any computer system *with intent,
  3. dishonestly or by deception,
  4. and without claim of right
  5. (a) to obtain any property, privilege, service, benefit, pecuniary advantage, or valuable consideration; or (b) to cause loss to any other person.

Question 5

Distinction between 249(1) and 249(2)

Answer 5

‘Thereby’ and ‘Obtains’

249(1) - a person has actually accessed a computer system and obtains the offending material or causes loss

249(2) - is directed at someone who actually accesses the computer system with that intent regardless of the result.

Question 6

Benefit not limited to financial or pecuniary advantage

Loss

Answer 6

Police v Le Roy - benefit bears its natural meaning of any advantage and is not limited to financial or pecuniary advantage.

Loss - R v Billingsley: the person who suffers loss does not have to be aware of the loss at the time of the offence.

Question 7

Damaging or Interfering with a Computer System

Danger to life

Section/Elements

Answer 7

CA61; S250(1):

1. Intentionally or recklessly
2. Destroys, damages, or alters
3. Any computer system
4. If he or she knows or ought to know that danger to life is likely to result.

Question 8

Damaging or Interfering with a Computer System

Without authorisation damages, deletes, modifies or interferes with

Section/Elements

Answer 8

CA61; S250(2)(a-c): (7 years imprisonment)

1. Intentionally or recklessly
2. And without authorisation
3. Knowing that he or she is not authorised, or being reckless as to whether or not he or she is authorised
4. (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 9

Accessing Computer System without Authorisation

Section and Elements

Answer 9

CA61; S252:

1. Intentionally accesses
2. Directly or indirectly
3. Any computer system
4. Without authorisation
5. 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.

(2) Does not apply if - a person who is authorised to access a computer system accesses that computer system for a purpose other than the one for which that person was given access.

Question 10

Without authorisation

Answer 10

The offence requires the defendant to have intentionally gained access, directly or indirectly, to a computer system where access to that computer system has not been authorised.

Question 11

Offending carried out from remote computers

Answer 11

A person is not required to be physically present in order to access a computer system

Question 12

Authorised access for dishonest purpose

Answer 12

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

In those circumstances S249 may apply.