Part 2: Computer Crime Flashcards
Define access:
In relation to any computer system, means instruct, communicate with, store data in, receive data from or otherwise make us of any of the resources of the computer system
Define authorisation:
includes an authorisation conferred on a person by
enactment
or a rule of law,
or by an order of a court or
juducal process
define computer system
Means
A computer
2 or more interconnected computers
any communication links between computers or to remote terminals or another device or
2 or more interconnected computers combined with any communication links between computers or to remote terminals or any other device and
includes any part of the items described in paragraph a
What is the distinction between 249(1) and 249(2)?
Is between the words “thereby” and “obtains”
Section 1 is directed at the situation where a person has actually accessed a computer system, obtains the offending material or causes loss, whereas 2 is directed at someone who actually accesses the computer system with that intent regardless of the result
*Does a person who suffers loss have to be aware of the loss at the time of the offence?
no
1 Define the term ‘access’ under section 248
instruct, communicate with, store data from, or otherwise make use of any of the resources of the computer system
*2 Explain what actions would involve accessing a computer system
has some form of connection with the computer system through which instructions or communications may pass
*3 for a charge of accessing a computer system for dishonest purpose under section 249(2), to be successful, what intents must be proved?
- obtained any property/privilege/service/pecuniary advantage/benefit or valuable consideration or
- causes loss to any other person
*5 describe a situation 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
