Lab_02_Intro_to_NZ_Law_2013 Flashcards
Main laws that affect computer and Internet Use are…?
- NZ Crimes Act 1961
- NZ Crimes Amendment Act 2003
- Films, Videos and Publications Classification Amendment Act 2005
- NZ Copyright Act 1994
Offences under the Crimes Act 1961:
Interception…?
It is an offence to listen, record or disclose private communications between two or more people without authority. “Private Communications” are confined to oral communications.
Offences under the Crimes Act 1961:
Obtaining by false pretences…?
It is an offence where a person intends to defraud or cause loss by causing another person to execute any valuable security or document on a false pretence.
Offences under the Crimes Act 1961:
Obtaining credit by fraud…?
It is an offence to obtain credit by fraud.
Offences under the Crimes Act 1961:
Impersonation…?
It is an offence where a person represents himself to be someone they are not with intent to obtain property or benefit.
Offences under the Crimes Act 1961:
Forgery…?
It is an offence to make or use a false document with intent that it be used as genuine
Offenses under the Crimes Act 1961:
Altering or reproducing a document…?
It is an offence to alter/reproduce a document with intent to defraud to obtain money or some benefit.
Offenses under the Crimes Act 1961:
Using a document with intent to defraud…?
It is an offence to use a document with intent to defraud to obtain money or some benefit.
Offenses under the Crimes Act 1961:
Conspiracy to defraud…?
It is an offence to conspire with any other person to defraud the public to affect market price of stocks, shares or anything else publicly sold.
Other laws that affect comp[uter and Internet Use are…?
- NZ Privacy Act 1993: Protects personal information
- Consumer Guarantees Act: Goods and Services
- Human Rights Act: Prevents discrimination
- Patents Act 1953: Protects inventions
- Trade Marks Act 2002: Protects signs and symbols
- NB: Sales between private individuals are not covered by the Consumer Guarantees Act or the Fair Trading Act.
NZ Crimes Act 1961 controls some computer activity, like…?
- Wilful damage (max. 5years prison)
- E.g. sending a user a virus or trojan horse program
- Reproducing a document with intent to defraud (max. 5years prison)
- E.g. copying files, passwords, info. from another computer
- For NZ Case example see: http://www.netsafe.org.nz/criminal/criminal_case1.aspx
Offences under the NZ Crimes Amendment Act 2003:
Legal access…?
Section 249 of the amended Crimes Act makes it illegal to access a computer system for a dishonest purpose.
It is worth noting that if someone accesses a system, for example during the course of their employment, and believes that they are entitled or authorised to obtain a benefit, then to do so may not breach section 249.
Offences under the NZ Crimes Amendment Act 2003:
Unauthorised use of data…?
Section 250 of the amended Crimes Act makes it illegal to intentionally or recklessly damage a computer system or intercept, access, use or damage data held on computers without authorisation. This could include an attempt to put a website out of action (i.e., a denial of service attack) or interfering with someone else’s data. This offence has a maximum sentence of seven years’ jail, increasing to ten years if the offender knows or ought to know that damage to life is likely to result.
Offences under the NZ Crimes Amendment Act 2003:
Unauthorised access….?
The Amendment Act also makes simply accessing a computer system without authorisation illegal. This means that “pure hacking”, or hacking into a computer system without gaining a benefit or causing harm, is now illegal. The Amendment Act imposes a maximum penalty for “pure hacking” of two years’ imprisonment.
Offences under the NZ Crimes Amendment Act 2003:
Hacking Tools Banned…?
The new section 251 has also proved to be controversial. It makes it illegal to sell, distribute or possess computer hacking programmes in New Zealand.
It has been suggested that this provision:
overlooks the importance of educational websites and other information that deals with hacking; and may prevent individuals or organisations learning more about hacking programmes in order to protect against them.
Offences under the NZ Crimes Amendment Act 2003:
Powers of interception…?
The Amendment Act also changed the police interception warrant provisions of the Crimes Act. Previously, law enforcement agencies acting under interception warrants could only intercept oral communications. The Amendment Act broadens law enforcement agencies’ powers under interception warrants and allows them to intercept written communications such as emails, facsimiles and text messages.
In New Zealand, the Privacy Act 1993 sets out information…?
Privacy rights.
Websites should contain a privacy notice, this may state…?
the purpose of collecting info about you and uses and shares this info.
In some cases a govt agency may have a legal right to ask for info. e.g. when…?
filing a tax return to Inland Revenue. You may not have a right to refuse.
Copyright refers to…?
a bundle of exclusive rights conferred by the NZ Copyright Act 1994 in relation to original works.
Copying a couple of pages from a text book for the purposes of study is OK and is called…?
Fair Use/Dealing. (Copying the WHOLE book is a breach of copyright.)
Coping a whole song from a CD or downloading a whole song is…?
a breach of copyright.
NZ Copyright law allows copyright owners to control…?
certain activities relating to the user and dissemination of copyright works.
Copyright gives authors (writers, artists, composers, etc.) the exclusive legal rights to…:
- making of copies
- copy the work;
- issue copies or perform the work in/to the public;
- broadcast the work or include it in a TV programme;
- transfer any such rights to another;
- be identified as the author of the work.