Computer Crime Flashcards
(13 cards)
Section 248 interpretation - 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.
Person instructing or communicating with the computer system (accessing) has some form of connection with the computer system through which instructions or communications may pass.
Section 248 interpretation - Authorisation
Includes 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.
Section 248 interpretation - Computer system
(a) means -
(i) a computer, or
(ii) Two or more interconnected computers, or
(iii) Any communication links between computers or to remote terminals or another device, or,
(iv) Two 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.
Computers are in common use for many purposes including…
Storing data, accessing personal and financial records, and for maintaining contact.
Also commonly used for dishonest and fraudulent purposes.
Computer - not defined under the act.
Not a problem when it’s a desktop computer, laptop or server. As technology advances, and microprocessors are integrated into a wide variety of devices, it will become less clear what is a computer and what is a leaser device. Courts will consider the ordinary usage at the time of the offence.
Accessing computer system for dishonesty purposes - Legislation
Section 249 Crimes Act 1961
(1)
Directly or indirectly, accesses any computer system and thereby, dishonestly or by deception, and without claim of right -
(a) Obtains any property, privilege, service, pecuniary advantage, benefit or valuable consideration, or
(b) causes loss to any other person.
(2)
Directly or indirectly, accesses any computer system with intent, dishonestly or by deception, and without claim or right -
(a) To obtain any property, privilege, service, pecuniary advantage, benefit or valuable consideration, or
(b) To cause loss to any other person.
(3) Deception has the same meaning as 240(2)
Distinct difference between 249(1) and 249(2)?
‘Therby’ and ‘Obtains’
249(1)
Directed at a situation where a person has actually accessed the computer system, Obtains the offending material or causes loss.
249(2)
Is directed at someone who actually accesses the computer system with that intent regardless of the result.
‘Benefit’ in 249(1)(a) is its natural meaning of any advantage and in computer crime it is not limited to…
…only financial advantage or pecuniary advantage.
Does the person suffering the loss need to be aware at the time of the offence?
No
Damaging or interfering with a computer system - Legislation
Section 250 Crimes Act 1961
(1)
Intentionally, OR recklessly destroys, damages, or Alters any computer system, if they know, or ought to know, that danger to life is likely to ensure.
(2)
Intentionally or recklessly, and without authorisation, knowing that they are not authorised, or being reckless as to whether or not they are authorised -
(a) damages, deletes, modifies, or otherwise interfere with or impairs any data or software in any software computer system, or
(b) causes any data or software 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.
Accessing computer system without authorisation - Legislation
Section 252 Crimes Act 1961
(1)
Intentionally accesses, directly or indirectly, any computer system without authorisation, knowing that they are not authorised to access that system, or being reckless as to whether or not they are authorised to access that system.
(2)
Section (1) does not apply if a person who is authorised to access a computer system access that computer system for a purpose other than the one for which that person was given access. (Use 249 instead)
Offence under 252 requires
The defendant to have intentionally gained access directly or indirectly, to a computer system where access to that system has not been authorised.
Does a person have to be physically present in order to access a computer system?
No, Can be a remote computer.
