Computer Crime

Question 1

DEFINE ACCESS

Answer 1

Section 248 - Crimes Act 1961

instruct, communicate with, store data in, receive data from, or otherwise make use of any of the resources of the computer system.

Question 2

What does authorisation include?

Answer 2

Section 248 - Crimes Act 1961

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

Section 248 - Crimes Act 1961

• a computer
• 2 or more interconnected computers
• any communication links between computers or to remote terminals or another device
• 2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device
• any part of the items described above and all related input, output, processing, storage, software, or communication facilities, and stored data.

Question 4

What are the elements to prove a charge for the offence : Accessing Computer System for Dishonest Purpose - Section 249 (1) (a) and (b)

Answer 4

directly or indirectly 
accesses any computer system and thereby 
dishonestly or by deception 
without claim of right

(a) to obtain any P, P, S, P, B or VC 
(b) to cause loss to any other person

Question 5

Difference between 249 (1) and (2)

Answer 5

249 (1) - actually accessed computer system and obtained material or caused loss

249 (2) - actually accessed the computer with intent regardless of the result