Computer Crime

Question 1

Access - define

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

Authorisation - define

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 - define

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

Act/Section/Elements

Answer 4

[ Difference between 249(1) and 249(2) is element 2 (thereby and with intent). 249(1) the system has been accessed and the material obtained, 249(2) system is accessed with intent to obtain.]

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

Damaging or Interfering with a Computer System
(Danger to life)

Act/Section/Elements

Answer 5

CA61; S250(1): - 10 Years

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.