Section II HIPCAR – Cybercrime/e-Crimes (2) A country may require that the offence be committed with a dishonest intent, or in relation to a computer system that is connected to another computer system, or by circumventing protection measures implemented to prevent access to the content of non-public transmission. Illegal Data Interference 7. A person who, intentionally, without lawful excuse or justification or in excess of a lawful excuse or justification, does any of the following acts: a. damages or deteriorates computer data; or b. deletes computer data ; or c. alters computer data; or d. renders computer data meaningless, useless or ineffective; or e. obstructs, interrupts or interferes with the lawful use of computer data; or f. obstructs, interrupts or interferes with any person in the lawful use of computer data; or g. denies access to computer data to any person authorized to access it; commits an offence punishable, on conviction, by imprisonment for a period not exceeding [period], or a fine not exceeding [amount], or both. Data Espionage 8. (1) A person who, intentionally, without lawful excuse or justification or in excess of a lawful excuse or justification obtains, for himself or for another, computer data which are not meant for him and which are specially protected against unauthorized access, 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 limit the criminalisation to certain categories of computer data. Illegal System Interference 9. (1) A person who, intentionally, without lawful excuse or justification or in excess of a lawful excuse or justification: a. hinders or interferes with the functioning of a computer system; or b. hinders or interferes with a person who is lawfully using or operating 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 person who intentionally, without lawful excuse or justification or in excess of a lawful excuse or justification hinders or interferes with a computer system that is exclusively for the use of critical infrastructure operations, or in the case in which such is not exclusively for the use of critical infrastructure operations, but it is used in critical infrastructure operations and such conduct affects that use or impacts the operations of critical infrastructure the punishment shall be imprisonment for a period not exceeding [period], or a fine not exceeding [amount], or both. Illegal Devices 10. (1) A person commits an offence if the person: a. intentionally, without lawful excuse or justification or in excess of a lawful excuse or justification, produces, sells, procures for use, imports, exports, distributes or otherwise makes available: i. 20 a device, including a computer program, that is designed or adapted for the purpose of committing an offence defined by other provisions of Part II of this law; or > Model Policy Guidelines & Legislative Text

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