Access offences
Jonathan A. Clough · Cambridge University Press eBooks · 2010
Introduction This first category of offence is concerned with intentional and without-right access to the whole or part of a computer system. It is intended to provide the basic offence of ‘dangerous threats to, and attacks against, the security…of computer systems and data’. Given the potential breadth of such an offence, parties may require that the offence be ‘committed by infringing security measures, with the intent of obtaining computer data or other dishonest intent, or in relation to a computer system that is connected to another computer system’. Australia We have seen that the Australian provisions are classified according to whether they are ‘serious computer offences’ or ‘other computer offences’. In the context of access, the serious computer offences are found in ss. 477.1(1)(a)(i) and 477.1(4)(a)(i) of the Criminal Code (Cth). Both provisions are in the same terms but with different jurisdictional nexus; s. 477.1(1) applies to access by means of a carriage service, while s. 477.1(4) applies where there is an intention to commit a serious Commonwealth offence. Both provisions make it an offence for a person to cause any unauthorised access to data held in a computer, knowing the access is unauthorised, and by that access intending to commit, or facilitate the commission, of a serious offence. These offences are punishable by a penalty not exceeding the penalty for the relevant serious offence.