Computer Crime

Question 1

Define Access?

Answer 1

In relation to a computer system 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

Define Authorisation?

Answer 2

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

Question 3

Define Computer System)

Answer 3

Means a,

(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

What are the ingredients for accessing a computer system for dishonest purpose?

Answer 4

S249 CA 1961 - Accessing computer system for dishonest purpose

(1) Every one is liable to imprisonment for a term not exceeding 7 years who, directly or indirectly, accesses any computer system and thereby, dishonestly or by deception, and without claim of right,—
(a) obtains any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
(b) causes loss to any other person.
(2) Every one is liable to imprisonment for a term not exceeding 5 years who, directly or indirectly, accesses any computer system with intent, dishonestly or by deception, and 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.
(3) In this section, deception has the same meaning as in section 240(2).

Question 5

What are the ingredients for Damaging or Interferring with a Computer System?

Answer 5

S249 CA 1961 - Accessing computer system for dishonest purpose

(1) Every one is liable to imprisonment for a term not exceeding 7 years who, directly or indirectly, accesses any computer system and thereby, dishonestly or by deception, and without claim of right,—
(a) obtains any property, privilege, service, pecuniary advantage, benefit, or valuable consideration; or
(b) causes loss to any other person.
(2) Every one is liable to imprisonment for a term not exceeding 5 years who, directly or indirectly, accesses any computer system with intent, dishonestly or by deception, and 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.
(3) In this section, deception has the same meaning as in section 240(2).

Question 6

What are the ingredients of Accessing a Computer System without Authorisation?

Answer 6

S252 CA 1961 - Accessing computer system without authorisation

(1) Every one is liable to imprisonment for a term not exceeding 2 years who 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.
(2) To avoid doubt, subsection (1) 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.