MEMORANDUM
This Act is divided into three parts.
Part I provides for the short title and definitions.
Part II would provide for various computer related offences.
Part III would provide for the necessary procedural powers.
Clause 3 would make it a summary offence for a person knowingly to have unauthorised
access to any program or data held in a computer, and an increased penalty would be
imposed where that unauthorised access causes damage.
Clause 4 would make it a summary offence for a person, with or without authority, to
access a computer program or data with intent to commit or facilitate the commission of a
specified category of offences. It also makes it an offence to use a computer or access a
program or data to steal someone’s identity or impersonate someone.
Clause 5 would make it a summary offence if a person does an act, whether temporary or
permanent, which he knows shall cause an unauthorised modification of any program or
data held in a computer and where such an act result in damage, an increased penalty
would be imposed.
Clause 6 would make it a summary offence for a person knowingly to use any computer
service or intercept a computer function without authority and where the use or
interception result in damage, an increased penalty would be imposed.
Clause 7 would make it a summary offence for a person knowingly to interfere with,
impede or obstruct the use of a computer or impede access to any program or data held in
a computer and where such obstruction result in damage, an increased penalty would be
imposed.
Clause 8 would make it a summary offence for a person, knowingly and without
authority, to disclose any access code of a computer if the disclosure results in any
wrongful gain or damage or is used for an unlawful purpose.
Clause 9 would make it an indictable offence if an offence committed under sections 3, 5,
6 or 7 involved access to a protected computer. A protected computer is one which the
person knew or ought to have known was used for national security, law enforcement
purposes, the provision of numerous public services, or the protection of the public
interest.
Clause 10 would make it a summary offence for a person to knowingly receive or give
access to any program or data held in a computer without authority.
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