Computer Crime Flashcards
Damaging or interfering with computer system penalties
250(1) - 10 years
250(2) - 7 years
When does the offence for accessing a computer system not apply?
S250(2)
When the person is authorised to access a computer system and uses that access for some other purpose other then for the authorised purpose.
Define
deception
(a)
a false representation, whether oral, documentary, or by conduct, where the person making the representation intends to deceive any other person and—
(i)
knows that it is false in a material particular; or
(ii)
is reckless as to whether it is false in a material particular; or
(b)
an omission to disclose a material particular, with intent to deceive any person, in circumstances where there is a duty to disclose it; or
(c)
a fraudulent device, trick, or stratagem used with intent to deceive any person.
How does remote access relate to computer crimes?
A person does not have to be physically present in order to access a computer system
Define
Authorisation
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
Damaging or interfering with computer system
1
S250(1)
Every one who 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.
Accessing computer system for dishonest purpose penalties
249(1) 7 years
249(2) 5 years
Accessing computer system without authorisation
S252(1)
Every one 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.
Define
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 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.
Damaging or interfering with computer system
2
S250(2) Every one who intentionally or recklessly, and without authorisation, knowing that he or she 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.
When must the victim know about the loss for the offence to be committed?
The person who suffers the loss does not need to be aware of the loss at the time of the offence.
Accessing computer system for dishonest purpose
2
249(2)
Every one 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.
Is a benefit limited to a financial gain or pecuniary advantage?
No
Access computer system for dishonest purpose
1
S249(1)
Every one 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.
Define
Access
in relation to any computer system means to instruct, communicate with, store data in, receive data from or otherwise make use of any of the resources of the computer system
