COMPUTER CRIME

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In today’s world computer has become a big part of our lifestyle. It has created many routes and advantages, but it has also had a loophole to invade in our privacy and that can be used by the people who are bad in nature and action.

 

Computer has become a major force which dictates politics, policies, economics and what not. Currently human race has become totally dependent on computers because a lot of work is done through computers. Computers are not just helping human, but it is also developing at a fast paced. Due to that a lot of wrong actions are also taking place which are not permissible by the law of the land and even on international level as well.

 

Whoever knowingly or intentionally conceals, destroys or alters or intentionally or knowingly causes another to conceal, destroy, or alter any computer source code used for a computer, computer programme, computer system or computer network, when the computer source code is required to be kept or maintained by the person for the time being in force, shall be punishable according to the Australian Laws.

 

Theft will not be limited to physical interference with the computer found in physical inspection. It will also include theft committed by resorting to external methods such as remote control/ hacking etc. which interfere with the data which is present in some other personal computer.

 

Laws related to Computer Crime –

  • Definitions
  • Read​ ​more
    In this Division:

    “economic loss” includes the disruption of government functions or the disruption of the use of public facilities.

    “public facility” means any of the following (whether publicly or privately owned):
    (a) a government facility, including premises used by government employees in connection with official duties,
    (b) a public infrastructure facility, including a facility providing water, sewerage, energy or other services to the public,
    (c) a public transport facility, including a conveyance used to transport people or goods,
    (d) a public place, including any premises, land or water open to the public,
    (e) a public computer system, including a computer system used for the operation of a public facility, for the provision of banking services or for other services to the public.

  • Sabotage
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    A person:
    (a) whose conduct causes damage to a public facility, and
    (b) who intended to cause that damage, and
    (c) who intended by that conduct to cause:
    (i) extensive destruction of property, or
    (ii) major economic loss,
    is guilty of an offence.
    Maximum penalty: Imprisonment for 25 years.

  • Threaten sabotage
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    (1) A person who:
    (a) makes to another person a threat to damage a public facility, and
    (b) intends that person to fear that the threat will be carried out and will cause:
    (i) extensive destruction of property, or
    (ii) major economic loss,
    is guilty of an offence.
    Maximum penalty: Imprisonment for 14 years.
    (2) In the prosecution of an offence under this section it is not necessary to prove that the person threatened actually feared that the threat would be carried out.
    (3) For the purposes of this section:
    (a) a threat may be made by any conduct, and may be explicit or implicit and conditional or unconditional, and
    (b) a threat to a person includes a threat to a group of persons, and
    (c) fear that a threat will be carried out includes apprehension that it will be carried out.

  • General definitions
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    In this Part:

    “data” includes:
    (a) information in any form, or
    (b) any program (or part of a program).

    “data held in a computer” includes:
    (a) data entered or copied into the computer, or
    (b) data held in any removable data storage device for the time being in the computer, or
    (c) data held in a data storage device on a computer network of which the computer forms part.

    “data storage device” means anything (for example a disk or file server) containing or designed to contain data for use by a computer.

    “electronic communication” means a communication of information in any form by means of guided or unguided electromagnetic energy.

    “serious computer offence” means:
    (a) an offence against section 308C, 308D or 308E, or
    (b) conduct in another jurisdiction that is an offence in that jurisdiction and that would constitute an offence against section 308C, 308D or 308E if the conduct occurred in this jurisdiction.

  • Meaning of access to data, modification of data and impairment of electronic communication
    Read​ ​more

    (1) In this Part,
    “access” to data held in a computer means:
    (a) the display of the data by the computer or any other output of the data from the computer, or
    (b) the copying or moving of the data to any other place in the computer or to a data storage device, or
    (c) in the case of a program–the execution of the program.
    (2) In this Part,
    “modification” of data held in a computer means:
    (a) the alteration or removal of the data, or
    (b) an addition to the data.
    (3) In this Part,
    “impairment” of electronic communication to or from a computer includes:
    (a) the prevention of any such communication, or
    (b) the impairment of any such communication on an electronic link or network used by the computer,
    but does not include a mere interception of any such communication.
    (4) A reference in this Part to any such access, modification or impairment is limited to access, modification or impairment caused (whether directly or indirectly) by the execution of a function of a computer.

  • Meaning of unauthorised access, modification or impairment
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    (1) For the purposes of this Part, access to or modification of data, or impairment of electronic communication, by a person is
    “unauthorised” if the person is not entitled to cause that access, modification or impairment.
    (2) Any such access, modification or impairment is not unauthorised merely because the person has an ulterior purpose for that action.
    (3) For the purposes of an offence under this Part, a person causes any such unauthorised access, modification or impairment if the person’s conduct substantially contributes to the unauthorised access, modification or impairment.

  • Unauthorised access, modification or impairment with intent to commit serious indictable offence
    Read​ ​more

    (1) A person who causes any unauthorised computer function:
    (a) knowing it is unauthorised, and
    (b) with the intention of committing a serious indictable offence, or facilitating the commission of a serious indictable offence (whether by the person or by another person),
    is guilty of an offence.
    Maximum penalty: The maximum penalty applicable if the person had committed, or facilitated the commission of, the serious indictable offence in this jurisdiction.
    (2) For the purposes of this section, an
    “unauthorised computer function” is:
    (a) any unauthorised access to data held in any computer, or
    (b) any unauthorised modification of data held in any computer, or
    (c) any unauthorised impairment of electronic communication to or from any computer.
    (3) For the purposes of this section, a
    “serious indictable offence” includes an offence in any other jurisdiction that would be a serious indictable offence if committed in this jurisdiction.
    (4) A person may be found guilty of an offence against this section:
    (a) even if committing the serious indictable offence concerned is impossible, or
    (b) whether the serious indictable offence is to be committed at the time of the unauthorised conduct or at a later time.
    (5) It is not an offence to attempt to commit an offence against this section.

  • Unauthorised modification of data with intent to cause impairment
    Read​ ​more

    (1) A person who:
    (a) causes any unauthorised modification of data held in a computer, and
    (b) knows that the modification is unauthorised, and
    (c) intends by the modification to impair access to, or to impair the reliability, security or operation of, any data held in a computer, or who is reckless as to any such impairment,
    is guilty of an offence.
    Maximum penalty: Imprisonment for 10 years.
    (2) A conviction for an offence against this section is an alternative verdict to a charge for:
    (a) an offence against section 195 (Destroying or damaging property), or
    (b) an offence against section 308E (Unauthorised impairment of electronic communication).

  • Unauthorised impairment of electronic communication
    Read​ ​more

    ((1) A person who:
    (a) causes any unauthorised impairment of electronic communication to or from a computer, and
    (b) knows that the impairment is unauthorised, and
    (c) intends to impair electronic communication to or from the computer, or who is reckless as to any such impairment,
    is guilty of an offence.
    Maximum penalty: Imprisonment for 10 years.
    (2) A conviction for an offence against this section is an alternative verdict to a charge for:
    (a) an offence against section 195 (Destroying or damaging property), or
    (b) an offence against section 308D (Unauthorised modification of data with intent to cause impairment).

  • Possession of data with intent to commit serious computer offence
    Read​ ​more

    (1) A person who is in possession or control of data:
    (a) with the intention of committing a serious computer offence, or
    (b) with the intention of facilitating the commission of a serious computer offence (whether by the person or by another person),
    is guilty of an offence.
    Maximum penalty: Imprisonment for 3 years.
    (2) For the purposes of this section,
    “possession or control of data” includes:
    (a) possession of a computer or data storage device holding or containing the data or of a document in which the data is recorded, and
    (b) control of data held in a computer that is in the possession of another person (whether the computer is in this jurisdiction or outside this jurisdiction).
    (3) A person may be found guilty of an offence against this section even if committing the serious computer offence concerned is impossible.
    (4) It is not an offence to attempt to commit an offence against this section.

  • Producing, supplying or obtaining data with intent to commit serious computer offence
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    (1) A person who produces, supplies or obtains data:
    (a) with the intention of committing a serious computer offence, or
    (b) with the intention of facilitating the commission of a serious computer offence (whether by the person or by another person),
    is guilty of an offence.
    Maximum penalty: Imprisonment for 3 years.
    (2) For the purposes of this section,
    “produce”,
    “supply or obtain data” includes:
    (a) produce, supply or obtain data held or contained in a computer or data storage device, or
    (b) produce, supply or obtain a document in which the data is recorded.
    (3) A person may be found guilty of an offence against this section even if committing the serious computer offence concerned is impossible.
    (4) It is not an offence to attempt to commit an offence against this section.

  • Unauthorised access to or modification of restricted data held in computer (summary offence)
    Read​ ​more

    (1) A person:
    (a) who causes any unauthorised access to or modification of restricted data held in a computer, and
    (b) who knows that the access or modification is unauthorised, and
    (c) who intends to cause that access or modification,
    is guilty of an offence.
    Maximum penalty: Imprisonment for 2 years.
    (2) An offence against this section is a summary offence.
    (3) In this section:
    “restricted data” means data held in a computer, being data to which access is restricted by an access control system associated with a function of the computer.
    (4) Proceedings for an offence against this section must be commenced not later than 12 months from when the offence was alleged to have been committed.

  • Unauthorised impairment of data held in computer disk, credit card or another device (summary offence)
    Read​ ​more

    (1) A person:
    (a) who causes any unauthorised impairment of the reliability, security or operation of any data held on a computer disk, credit card or other device used to store data by electronic means, and
    (b) who knows that the impairment is unauthorised, and
    (c) who intends to cause that impairment,
    is guilty of an offence.
    Maximum penalty: Imprisonment for 2 years.
    (2) An offence against this section is a summary offence.
    (3) For the purposes of this section, impairment of the reliability, security or operation of data is
    “unauthorised” if the person is not entitled to cause that impairment.

FAQs

  • Police has to prove in the court –

    Accused has a mollified intention.
    Accused was planning such actions for a long time,
    Accused was having access to someone else computer without their consent.
    Accused has used the data of the victim for personal gains.
    Accused has the supplied the personal data of victim to the third party without its consent.
    Accused has used public computer to cause havoc and problem’s through the network.
  • District Court and Local Court will give justice to such matters.

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