Section II HIPCAR – Cybercrime/e-Crimes (19) Thing includes but not limited to: a. a computer system or part of a computer system; b. another computer system, if: i. computer data from that computer system is available to the first computer system being searched; and ii. there are reasonable grounds for believing that the computer data sought is stored in the other computer system; c. a computer data storage medium. (20) Utilise shall include a. developing of a remote forensic software; and b. adopting of a remote forensic software; and c. purchasing of a remote forensic software. PART II – OFFENCES Illegal Access 4. (1) A person who, intentionally, without lawful excuse or justification or in excess of a lawful excuse or justification, accesses the whole or any part of a computer system commits an offence punishable, on conviction, by imprisonment for a period not exceeding [period], or a fine not exceeding [amount], or both. (2) A country may decide not to criminalize the mere unauthorized access provided that other effective remedies are available. Furthermore a country may require that the offence be committed by infringing security measures or with the intent of obtaining computer data or other dishonest intent. Illegal Remaining 5. (1) A person who, intentionally, without lawful excuse or justification or in excess of a lawful excuse or justification, remains logged in a computer system or part of a computer system or continues to use a computer system commits an offence punishable, on conviction, by imprisonment for a period not exceeding [period], or a fine not exceeding [amount], or both. (2) A country may decide not to criminalize the mere unauthorized remaining provided that other effective remedies are available. Alternatively a country may require that the offence be committed by infringing security measures or with the intent of obtaining computer data or other dishonest intent. Illegal Interception 6. (1) A person who, intentionally, without lawful excuse or justification or in excess of a lawful excuse or justification, intercepts by technical means: a. any non-public transmission to, from or within a computer system; or b. electromagnetic emissions from a computer system commits an offence punishable, on conviction, by imprisonment for a period not exceeding [period], or a fine not exceeding [amount], or both. > Model Policy Guidelines & Legislative Text 19

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