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
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