Computer Crime

Question 1

Accessing computer system for dishonest purpose

Answer 1

Crimes Act 1961, Section 249(1)

• Directly or indirectly
• accesses any computer system and thereby
• dishonestly or by deception
• without claim of right
• (a) obtains any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
• (b) causes loss to any other person.

Question 2

Accessing computer system for dishonest purpose
(with intent)

Answer 2

Crimes Act 1961, Section 249(2)

• Directly or indirectly
• accesses any computer system with intent
• dishonestly or by deception
• without claim of right
• (a) to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
• (b) to cause loss to any other person.

Question 3

Damaging or interfering with a computer system
(danger to life)

Answer 3

Crimes Act 1961, Section 250(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.

Question 4

Damaging or interfering with a computer system
(data or software)

Answer 4

Crimes Act 1961, Section 250(2)

• Intentionally or recklessly
• without authorisation
• knowing that he or she is not is not authorised, or being reckless as to whether or not he or she is authorised
  (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 5

Accessing computer system without authorisation

Answer 5

Crimes Act 1961, Section 252(1)

• Intentionally accesses, directly or indirectly
• any computer system without authorisation
• 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.

Question 6

Computer system

Answer 6

Computer system
(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 communcation links between computers or to remove terminals or any other device; and
(b) includes any part of the tiems described in paragraph (a) and all related input, output, processing, storage, software, or communication facilities, and stored data.