6 CAP. 4.41 Electronic Crimes Act LAWS OF SAINT CHRISTOPHER AND NEVIS Revision Date: 31 Dec 2017 “damage” includes any impairment to a computer system, the integrity or availability of any data or program held in a computer system or of the confidentiality of information held in a computer system; “device” includes any electronic, electro-magnetic, acoustic or mechanical equipment or apparatus that is used or capable of being used to intercept any function of a computer; “intercept” includes, but is not limited to, acquiring, viewing and capturing of any computer data communication, whether by wire, wireless, electronic, optical, magnetic, oral, or other means, during transmission through the use of any technical advice; (Substituted by Act 26 of 2012) “program” means data or a portion of data representing instructions or statements that, when executed in a computer, causes the computer to perform a function; “seize” includes— (a) the making and retaining a copy of computer data, including by using on-site equipment; (b) rendering inaccessible, or removing computer data from the accessed computer system; and (c) taking a printout of output of computer data. “service provider” means— (a) a public or private entity that provides to users of its services the ability to communicate by means of a computer system; or (b) any other entity that processes or stores computer data on behalf of that entity or those users; “storage medium” means any type of any device or material on which data can be electronically placed, kept, and retrieved. “traffic data” means computer data that— (a) relates to a communication by means of a computer system; (b) is generated by a computer system that is part of a chain of communication; and (c) shows the origin, destination, route, time, date, size, duration of the communication or the type of underlying services used to generate the data. (2) In this Act, access of any kind by a person to any program or data held in a computer is “unauthorised” or “obtained” without authority if the person is not entitled to access of the kind in question to the particular program or data. (3) A reference in this Act to any “program” or “data” held in a computer includes a reference to— (a) any program or data held in any removable storage medium which is for the time being in the computer; or (b) any program or data held in any storage medium which is external to the computer, but which is connected to it. (4) In this Act, a “modification of the contents of any computer” occurs if, by the operation of any function of the computer concerned or of any other computer—