Computer Crime Flashcards
Access Definition
S248 CA61 In relation to any 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
Authorization Definition
S248 CA61 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
Computer System Definition
(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.
Accessing Computer System For Dishonest Purpose Section and Elements
S249 CA61 (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.
Differences between (1) and (2)
(1) accesses computer and obtains material and causes loss
(2) access a computer to cause a loss with inten regardless of the result.
Damaging or Interfering with a Computer System Danger to life Section and Elements
S250 CA61 (1) Every one is liable to imprisonment for a term not exceeding 10 years 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.
Damaging or Interfering with a Computer System Without authorisation damage, delete, modify Section and Elements
S250 CA61 (2) Every one is liable to imprisonment for a term not exceeding 7 years 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.
Differences between 250 (1) and (2)
(1) criminalises doing something to a computer system that endangers life.
(2) doing something to computer system and adds the requirement that the defendant must act without authority with the knowledge they are not authorised or reckless whether they are authorised.
(2) (b) instances where defendant has done something that will make a 3rd party or victim cause the damage eg virus
Accessing Computer System without Authorisation Section and Elements
S252 CA61 (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.
What is required to ‘access’ a computer system
Access requires that the person instructing or communicating with the computer system has some form of connection with the computer system through which instructions or communications may pass
Example of when a person may not be physically present at a computer to access it
A person may not be physically present at a computer but can gain access to it via software that remotely infects computers
