Computer Crime Flashcards
Access
‣ Definition
Access
‣ means instruct, communicate with, store date in, receive data from, make use of any of the resources of a computer system
Authorization
‣ Definition
Authorization
‣ Includes an authorization conferred on a person by or under an enactment or a rule of law,
Computer System
‣ Definition
Computer System
‣ a computer
‣ two or more interconnected computers
‣ any communication links between computers or to remote terminals or another device
‣ two or more interconnected computers combined with any communication links between computers or to remote terminals or any other device.
Accessing Computer System for Dishonest Purpose
‣ Legislation
Section 249(1)(a-b) Crimes Act 1961 ‣ Everyone ‣ Directly or Indirectly ‣ Accesses any computer system ‣ Dishonestly or by deception and without claim of right ‣ [a] obtains any property [etc.] or - ‣ [b] causes loss to any person
Distinction between s249(1) and s249(2)
‣ What is this distinction?
‣ s249(1) is directed at the situation where a person has actually accessed a computer system, obtains material or causes loss
‣ s249(2) is directed at someone who accesses the computer system with that intent regardless of the result.
Damaging or Interfering with a computer system
‣ Legislation
Section 250, Crimes Act 1961 ‣ Everyone ‣ Intentionally or recklessly ‣ Destroys, damages or alters ‣ Any computer system ‣ He or She knows or ought to know that danger to life is likely to ensue.
Distinction between s250(1) and s250(2)
‣ What is this distinction?
‣ s250(1) is the offence for destruction, damaging or altering a computer system that the defendant knows or ought to know would endanger life.
‣ s250(2) is the offence for damaging a computer system and adds the requirement that the defendant must act without authority with the knowledge/recklessness that they are not authorized.
Accessing a Computer System Without Authorisation
Section 252, Crimes Act 1961
‣ Legislation
‣ Everyone
‣ Intentionally Accesses
‣ Directly or Indirectly
‣ Any computer system without authorization
‣ Knowing he/she is not authorized to access that computer system or being reckless…
Remote Computer Offending
‣ What is the case law for a person not physically present accessing a computer system?
R v Walker
‣ a teenager developed software he used to remotely control infected computers through a bot net, causing significant damage to computers overseas.
