(b) a modification of any program or data held in any computer takes place
if, by the operation of any function of the computer concerned or any
other computer (i) any program or data held in any computer is altered or erased;
(ii) any program or data is added to or removed from any program or
data held in any computer; or
(iii)any act occurs which impairs the normal operation of any
computer,
and any act which contributes towards causing such a modification shall
be regarded as causing it.
(4) Any modification referred to in this section is unauthorised if (a) the person whose act causes it is not himself entitled to determine
whether the modification should be made; and
(b) he does not have consent to the modification from the person who is so
entitled.
6.
(1)
Subject to subsection (2), a person who knowingly and without authority Unauthorised use
or interception of
(a) secures access to a computer for the purpose of obtaining, directly or
computer service
indirectly, any computer service;
(b) intercepts or causes to be intercepted, directly or indirectly, any function
of any computer by means of an electromagnetic, acoustic, mechanical or
other device; or
(c) uses or causes to be used, directly or indirectly, a computer, or any other
device for the purpose of committing an offence under paragraph (a) or (b),
commits an offence and is liable on summary conviction to a fine of fifteen
thousand dollars and to imprisonment for two years or to both and, in the case of a
second or subsequent conviction, to a fine of thirty thousand dollars and to
imprisonment for three years or to both.
(2)
If any damage is caused as a result of an offence under subsection (1), a
person convicted of the offence shall be liable to an additional fine of twenty
thousand dollars and to imprisonment for three years or to both.
(3)
For the purposes of this section, it is not material that the unauthorised
access or interception is not directed at (a) any particular program or data;
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