A.435
(b) possession of a document in which the data or programme is
recorded; and
(c) control of the data or programme that is in the possession of
another person.
11. A person who intentionally, without lawful excuse or
justification, discloses, sells, procures for use, distributes or otherwise
makes available, any password, access code or other means of gaining
access to the whole or part of a computer or computer system —
(a) for wrongful gain;
(b) for any unlawful purpose;
(c) to overcome security measures for the protection of data; or
(d) with the knowledge that it is likely to cause prejudice to any
person,
commits an offence and is liable to a fine not exceeding P10 000 or
to imprisonment for a term not exceeding six months, or to both.
12. (1)
In this section, “computer contaminant” includes any
programme which —
(a) modifies, destroys, records or transmits any data or programme
residing within a computer or computer system;
(b) usurps the normal operation of a computer or computer system; or
(c) destroys, damages, degrades or adversely affects the performance
of a computer or computer system or attaches itself to another
computer resource and operates when a programme, data or
instruction is executed or some other event takes place in that
computer or computer system.
(2) A person who intentionally introduces, or causes to be introduced,
a computer contaminant into any computer or computer system which
causes, or is capable of causing, any of the effects referred to under
subsection (1) to such computer or computer system, commits an offence
and is liable to a fine not exceeding P100 000 or to imprisonment for a
term not exceeding five years, or to both.
13. (1) In this section, “critical national infrastructure” means computer
systems, devices, networks, programmes or data, including those
of national emergency organisations, so vital to Botswana that the
incapacity or destruction of, or the interference with, such systems and
assets would have a debilitating impact on national security, national
economic security, public health and safety or a combination of any of
these.
(2) Where a person obtains access to critical national infrastructure
in the course of the commission of an offence under this Act, the person
commits an offence and is liable to a fine not exceeding P100 000 or to
imprisonment for a term not exceeding five years, or to both.
(3) For the purposes of any prosecution under this section, it shall
be presumed, until the contrary is proved, that the person referred to
under subsection (2) knew that the computer formed part of critical
national infrastructure.
Unauthorised
disclosure of
password or
access code
Damage to a
computer or
computer
system
Critical national
infrastructure
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