Unlawful use of computer
440A Unlawful use of computer
In this section —
computer system includes —
a part of a computer system;
an application of a computer system;
password includes a code, or set of codes, of electronic impulses;
restricted‑access computer system means a computer system in respect of which —
the use of a password is necessary in order to obtain access to information stored in the system or to operate the system in some other way; and
the person who is entitled to control the use of the system —
has withheld knowledge of the password, or the means of producing it, from all other persons; or
has taken steps to restrict knowledge of the password, or the means of producing it, to a particular authorised person or class of authorised person;
use a computer system means —
to gain access to information stored in the system; or
to operate the system in some other way.
For the purposes of this section a person unlawfully uses a restricted‑access computer system —
if the person uses it when he or she is not properly authorised to do so; or
if the person, being authorised to use it, uses it other than in accordance with his or her authorisation.
A person who unlawfully uses a restricted‑access computer system is guilty of a crime and is liable —
if by doing so the person —
gains a benefit, pecuniary or otherwise, for any person; or
causes a detriment, pecuniary or otherwise, to any person,
of a value of more than $5 000, to imprisonment for 10 years;
if by doing so the person —
gains or intends to gain a benefit, pecuniary or otherwise, for any person; or
causes or intends to cause a detriment, pecuniary or otherwise, to any person,
to imprisonment for 5 years;
in any other case, to imprisonment for 2 years.
Summary conviction penalty in a case to which paragraph (c) applies: imprisonment for 12 months and a fine of $12 000.
[Section 440A inserted: No. 70 of 2004 s. 30.]
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