Computer Crime

Question 1

What does it mean to ‘access’ in relation to a computer system:

Answer 1

• Instruct
• communicate with
• store or receive data
• or makes use of any of the resources of the computer system

Question 2

Define ‘authorisation’:

Answer 2

An authorisation granted to a person under an enactment, rule of law, order of a court or judicial process

Question 3

Define ‘computer system’:

Answer 3

Means

• a computer or
• 2 or more interconnected computers or
• 2 or more interconnected computers combined with any communication link or remote terminals
• any communication links between computers or to remote terminals

Question 4

What does “access” cover?

Answer 4

Covers almost all interactions with a computer system such as using a computer at work and more remote forms of access such as viewing a website or using a virus

Question 5

What does “access” require?

Requires that the person…..

Answer 5

Access requires that the person instructing or communicating with the computer system has some form of connection with the computer system

Question 6

What does “computer system” widely include in relation to data?

Answer 6

All related input, output, processing, storage, software, or communication facilities, and stored data.

Question 7

Section 249 (1) - Accessing computer system for dishonest purpose

Answer 7

_ Dishonestly or by deception
- Without claim of right
- obtains property, privilege, service etc or
- causes loss

• by directly or indirectly
• accessing any computer system

7 years

Question 8

Section 249 (2) - Accessing computer system for dishonest purpose

Answer 8

• Directly or indirectly
• Accesses any computer system
• WITH INTENT
• Dishonestly or by deception
• Without claim of right

a) to obtain any property, privilege, service, pecuniary advantage, benefit or valuable consideration

b) to cause loss to any other person

Question 9

What is the distinction between Section 249 (1) & (2) Accessing computer system for dishonest purpose?

Answer 9

Section 249 (1) is directed at the situation where a person has accessed a computer system and obtains the offending material or causes loss

Section 249 (2) is directed at someone who accesses the computer system with that intent regardless of the result

Question 10

What were the circumstances in Police v Le Roy regarding ‘benefit not limited to financial pecuniary advantage’?

Answer 10

Man was an employee of Telstra Clear and used his position to access the email account of his ex.

A Protection Order was in place and the court held that accessing the email account gave him a meaningful benefit.

Benefit was not limited to financial or pecuniary advantage.

Question 11

What did the court note in R v Billingsley?

Answer 11

The person who suffers loss does not have to be aware of the loss at the time of the offence.

Question 12

Section 250 (1) - Damaging or interfering with a computer system

Answer 12

• Intentionally or recklessly
• Destroys, damages or alters
• Any computer system
• If he knows or ought to know that danger to life is likely to result

10 years

Question 13

Section 250 (2) - Damaging or interfering with a computer system (summary)

Answer 13

It is an offence to intentionally or recklessly interfere with data, software, or computer systems without authorisation and they know they do not have authorisation

Question 14

Distinction between Section 250 (1) and (2) Damaging or interfering with a computer system

Answer 14

Section 250 (1) includes when defendant ought to know danger to life exists

Section 250 (2) adds the requirement that the defendant must act without authority with the knowledge they are not authorised

Section 250 (2)(b) includes instances where the defendant has arranged that the victims own operation (or third party) of his computer system will cause damage

Question 15

Section 252 (1) Accessing a computer system without authorisation

Answer 15

• Intentionally accesses
• directly or indirectly
• any computer system
• without authorisation
• knowing that he or she is not
• authorised or being reckless as to whether or not he is authorised

Question 16

Section 252 (2) Accessing a computer system without authorisation

Answer 16

This section doesn’t apply if someone is allowed to use a computer system, but uses it for a different purpose than they were given access for.

Question 17

What does R v Walker highlight?

Answer 17

Highlights offending carried out from a remote computer.

Teenager developed software which he used to control infected computers through a “bot net” causing significant damage to computers overseas.