Computer Crime

Question 1

Access - Definition s248

Answer 1

In relation to any computer system, means instruct, communicate with, store or receive data, or make use of any resources of the computer system.

Question 2

What is required to access a computer system?

Answer 2

Access requires that the person instructing or communicating with the computer system, has some form of connection with the computer through which instructions or communications may pass.

Question 3

Computer system - Definition s248

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

(b) includes any part of the items in (a) and all related input, output, processing, storage, software, or communication facilities and stored data.

Question 4

Accessing Computer System For Dishonest Purpose - s249 CA61

Answer 4

(1)
• Every one who, directly or indirectly
• accesses any computer system and thereby
• dishonestly or by deception
• and without claim of right
• obtains any property, privilege, service, pecuniary adv, benefit, or valuable consideration
OR
• causes loss to any other person

(2)
• Every one who directly or indirectly
• accesses any computer system with intent
• dishonestly or by deception
• and without claim of right
• to obtain any property, privilege, service, pecuniary adv, benefit, or valuable consideration
Or
• to cause loss to any other person

Question 5

Distinction between s249(1) & (2)

Answer 5

The distinction between these offences is reflected in the words “thereby” and “obtains.

s249(1) is where a person has actually accessed a computer and obtained the offending material or caused loss

s249(2) is where someone simply accesses the computer with that intent regardless of the result

Question 6

For a charge of Accessing a computer system for Dishonest Purpose under s249(2) to be successful, what intents must be proved?

Answer 6

It must be proved that the offender intended to:

• Obtain any property, privilege, service, pecuniary adv, benefit, or valuable consideration

• Cause loss to any other person

Question 7

Describe a situation when a person may not be physically present at a computer to access it?

Answer 7

Someone who gains access to it via software that remotely infects computers.