72 No. 23708 Act No. 5 , 2 0 0 2 GOVERNMENT GA,ZE?TE, 2 AUGUST 2002 ELECTRONIC COMMUNICATIONS AND TRANSACTIONS ACT. 2003 ( b ) specify which acts may be performed thereunder by the cyber inspector to whom it is issued. (4) A warrant to enter and search is valid until(a) the warrant has been executed; (0) the warrant iscancelledbythe person who issued it or in that person's 5 absence, by a person with similar authority; (c) the purpose for issuing it has lapsed; or (d) the expiry of one month from the date on which it was issued. (5) A warrant to enter and search premises map be executed only during the day, unless the judge or magistrate who issued it, authorises that it may be executed at any 10 other time. Preservation of confidentialit> 84. (1) Except for the purpose of this Act or for the prosecution of an offence or pursuant to an order of court. a person who has, pursuant to any powers conferred under this Chapter. obtained access to any information may not disclose such information to 15 any other person. ( 2 ) An! person u,ho contravenes subsection ( 1 ) is guilty of an offence and liable on con\,iction to a fine or to imprisonment for a period not exceeding six months. CHAPTER XI11 CRIME 20 CYRER Definition 85. In this Chapter. unless the contextindicates othern 'se"access" includes the actions of a person who, after taking note of any data, becomes aware of the fact that he or she is not authorised to access that data and tostill continues 25 that data. ' access Unauthorised access to, interceptionof or interference with data 86. (1 i Subject to the Interception and MonitoringProhibition Act, 1992 (Act No. 127 of 1993).a person who intentionally accesses or intercepts any data without authority or permission to do so. is guilty of an offence. ( 7 )A person who intentionall:, and Iaithout authority to do so. interferes with data in 30 a Lvay which causessuch data to be modified, destroyed or otherwise rendered ineffective. is guilt). of an offence. (3) A person v,ho unlawfully produces, sells, offers to sell. procures for use, designs. adapts for use. distributes or possesses any de\Jice.including a computer program or a component. \vhich is designed primaril!, to overcome securit!. measuresfor the 35 protection of data. or performs an)' of those acts with regard to a password, access code 01'an)' other similar kind of data uith the intent to unlawfully utilise such item to contravene this section. is guilt! of an offence. (4)A person n.ho utilises an! device or computer program mentioned in subsection ( 3 ) i n order to unlawfull). overcome securit!, measures designed to protect such data or 40 ;Icccss thcrcto. is suiltj. of an oili'encz. (5) A person \vho commits any actdescribed in this section with the intent to interfere with access to an information system so asto constitute a denial. including a partial denial, of ser\.ice to legitimate users is guilty of an offence. 45 forgery and Computer-related fraud extortion, 87. ( I ) A person who performs or threatens to perform an!' of the acts described in section 86. for the purpose of obtaining any unlawful proprietary advantage by undertahng to cease or desist from such action. or by undertaking to restoreany damage caused as a result of those actions. is guilty of an offence.