Cyber and Digital Crime Flashcards
What is meant by malicious communications?
Any person that sends a letter, electronic communication which is grossly offence/indecent or information which is fake and known/believed to be false by the sender - to cause distress and anxiety amongst the victim.
What type of offence is malicious communications?
Either-way offence,
2 years
What is Section 1 of the misused computer act - unauthorised access to computer material?
To cause a computer to perform a function with intent to secure access to any programme or data.
Either-way offence,
2 years
What is Section 2 of the misused computer act - unauthorised access to computer material with intent to commit an offence?
Commits offence under section 1 first with intent to commit offences fixed by law.
Either-way offence,
5 years
What is Section 3 of the misused computer act - unauthorised acts with intent to impair operation of a computer?
Completes an unauthorised act in relation to a computer and knows they are unauthorised and impair the operation.
Either-way offence,
10 years
What is Section 3ZA of the misused computer act - unauthorised acts causing or creating serious risk or serious damage?
person intents to cause serious damage and is reckless within doing so e.g. taking down national infrastructure like the NHS.
What are the 4 requirements when seizing digital devices?
1) No action by law enforcement should change the data
2) person accessing someone else’s data should be trained to do and be able to give evidence of their actions
3) An audit trail should be created to show what the steps were in accessing
4) Person in charge of investigation has overall responsibility for ensuring principals are adhered to.
What are some non-voluntary exceptions to extract digital evidence from devices?
1) user has died
2) child / adult without capacity reasonably believes risk to life/harm
3) is missing and reasonably believes there is a risk to life/harm
