(2) It is a defence to a charge of an offence under subsection (1) if the
person establishes that the possession of such indecent or obscene
information or material was for a bona fide law enforcement purpose. If
child pornography was stored for such a purpose, the authorised person
needs to ensure that it is deleted as soon as it is not legally required
anymore.
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Identity-related crimes
A person who wilfully, without lawful excuse, by using an electronic system
in any stage of the offence, intentionally transfers, possesses, or uses a
means of identification of another person with the intent to commit, or to aid
or abet, or in connection with, any unlawful activity that constitutes a criminal
offence as provided under any other law of Nauru, is punishable on
conviction, to imprisonment for a period not exceeding 7 years.
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SPAM
A person who, intentionally, without lawful excuse or justification:
(a) initiates the transmission of multiple electronic messages from or
through such electronic system with the intent to deceive or mislead
users; or
(b) users a protected electronic system to relay or retransmit multiple
electronic messages, with the intent to deceive or mislead users, or
any electronic mail or Internet service provider, as to the origin or
such messages; or
(c) materially falsifies header information in multiple electronic
messages and intentionally initiates the transmission of such
messages,
commits an offence punishable, on conviction, by imprisonment for a
period not exceeding 5 years.
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Disclosure of details of an investigation
An Internet service provider who receives a Court order related to a criminal
investigation that explicitly stipulates that confidentiality is to be maintained
or such obligations is stated by law and that Internet service provider,
intentionally, without lawful excuse or justification or in excess of a lawful
excuse or justification, discloses:
(a) the fact that an order has been made; or
(b) anything done under the order; or
(c) any data collected or recorded under the order,
commits an offence punishable, on conviction, by imprisonment for a period
not exceeding 10 years or a fine of $100,000 or both.
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