Computer Crime (Module) Flashcards
What is the definition of Access?
s248 CA61
Access 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
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 (Adams on Criminal Law)
What is the definition of authorisation?
s248 CA61
Authorisation includes an authorisation conferred on a person by or under an enactment or a rule of law, or by a court or judicial process
What is the definition of a 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
What is the wider definition of a computer system?
It includes all related input, output, processing, storage, software, or communication facilities, and store data.
It can encompass one computer or a network of computers connected to the internet with the potential to connecting to millions of networked computers.
What are the issues associated with the definition of a computer system?
As technology advances and microprocessors are integrated into a wider variety of devices, what is a computer and what is a peripheral device will become less clear. The courts will consider the ordinary usage of the device at the time of the offence.
What does the phrase “any communication links between computers or to remote terminals or other device” denote?
The phrase “any communication links between computers or to remote terminals or other device” denotes a terminal, or point, where the system can be assessed and information or commands given by people with the appropriate authority, which is physically distanced from the main processing elements of the computer.
What are the elements of “Accessing Computer System for Dishonest Purpose”?
s249 CA61
(1) Everyone 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, service, privilege, pecuniary advantage, benefit or valuable consideration; or
(b) causes loss to any other person.
(2) Everyone is liable to imprisonment for a term not exceeding 5 years who, directly or indirectly, accesses any computer system with intent, dishonestly or by deceptions and without claim of right, -
(a) to obtain any property, service, privilege, 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)
What is the distinction between s249(1) and s249(2)?
The distinction between these two offences is reflected in words “thereby” and “obtains”.
- s249(1) is directed at the situation where a person has actually accessed a computer system and obtains the offending material or causes loss
- s249(2) is directed at someone who actually accesses the computer system with that intent regardless of the result
In relation to s249(1)(a), what was held in relation to “benefit”?
Police v Le Roy
Benefit in s249(1)(a) CA61 bore its natural meaning of any advantage and was not limited to financial or pecuniary advantage.
It was further held that requiring that the benefit to be obtained dishonestly was an unsustainably narrow approach to interpretation of s249(1)(a) and that the dishonestly related to the conduct in obtaining access to a computer system.
What was held in relation to the term loss?
R v Billingsley
The person who suffered the loss does not need to be aware of the loss at the time of the offence.
What are the elements of “Damaging or Interfering with a Computer System?
s250 CA61
(1) Every one is liable to a term of imprisonment not exceeding 10 years who intentionally or recklessly destroys, damage or alters any computer system if he or she knows or ought to know that danger to life is likely to result.
(2) Everyone is liable to a term of imprisonment 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 not 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
What is the distinction between s250(1) and s 250(2)?
- s250(1) criminalises the destruction, damaging or altering of a computer system that the defendant knows or ought to know would endanger life.
This offence parallels the most serious forms of arson, wilful damage and endangering transport, which also have the element of endangering life.
- s250(2) makes it an offence to damage etc any computer system and adds the requirement that the defendant must act without authority with the knowledge that they are not authorised or are reckless as to whether they are authorised.
What are the elements of the offence “Accessing Computer System without Authorisation”?
s252 CA61
(1) Every one is liable to a term of imprisonment not exceeding 2 years who intentionally accesses, directly or indirectly, any computer system without authorisation, knowing that he or she is not authorised or is reckless as to whether or not he or she is authorised to access the 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 the person was given access.
Does a person need to be physically present to commit the offence of “Accessing Computer System without Authorisation”?
No - offending of this nature can be carried out from remote computers (i.e hackers who use software to remotely control infected computers through a “bot net”)
