Computer Crime

Question 1

Define “Access, Authorisation” s248 CA61

Answer 1

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

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

Question 2

Define “computer system” s248 CA61

Answer 2

(a) means
(i) a computer or
(ii) 2 or more interconnected computers or
(iii) Any communication links between computers or to remote terminals or another device or
(iv) 2 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

Question 3

S249 (1) & (2) CA61 Accessing computer system for dishonest purpose

Answer 3

(1)

• Directly or indirectly
• Accesses any computer system and thereby
• Dishonestly or by deception
• 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
• Without claim of right
• (a) to obtain any property, privilege, service, pecuniary advantage, benefit, or valuable consideration or
  (b) to cause loss to any other person

Question 4

Distinction between s249(1) and 249(2)

Answer 4

Distinction is reflected in the words “thereby” and “obtains”.

(1) is directed at the situation where a person has actually accessed a computer system, obtains the offending material or causes loss
(2) is directed at someone who actually accesses the computer system with that intent regardless of the result

Question 5

“Benefit”

Answer 5

Any advantage and not limited to financial pecuniary advantage

Eg. Man became an employee of Telstra Clear and used his position to access the email account of his former partner maintained via the internet service provider

Question 6

S250 CA61 Damaging or interfering with a computer system

Answer 6

(1)

• Intentionally or recklessly
• Destroys, damages, or alters any computer system
• If he or she knows or Ultimo that danger to life is likely to result

(2)

• Intentionally or recklessly
• Without authorisation
• Knowing that he or she is not authorized OR being reckless as to whether or not he or she is authorised
• (a) Damages, deletes, modifies, or otherwise interferes with or impairs any data or software in any computer system
  (b) Causes any data or software in any computer system to be damaged, deleted, modified, or otherwise interfered with or impaired
  (c) Causes any computer system to fail or deny service to any authorised users

Question 7

S252 CA61 Accessing computer system without authorisation

Answer 7

• Intentionally accesses
• Directly or indirectly
• Any computer system without authorisation
• Knowing that he or she is not authorised to access that computer system OR being reckless as to whether or not he or she is authorised to access that computer system

Question 8

S252 does not apply:

Answer 8

If a person who is authorised to access a computer system accesses that computer system for a purpose other than the one for which that person was given access.

(In those circumstances an offence will be committed if the activity involves a dishonest purpose under s249)