Clause 11 would make it a summary offence for a person to cause a computer to cease to
function permanently or temporarily.
Clause 12 would denial of service attacks an offence.
Clause 13 would make it an offence for a person to produces, sells, procures for use,
imports, exports, distributes or otherwise makes available a device, including a
computer program, that is designed or adapted for the purpose of committing an offence
against sections 3 to 9 or 12; or a computer password, access code or similar data by
which the whole or any part of a computer system is capable of being accessed; with the
intent that it be used by any person for the purpose of committing an offence against
sections , 3 to 9 or 12.
Clause 14 would make identity theft an offence.
Clause 15 would provide for the prohibition of use of a computer to publish child
pornography. Other matters such as obscenity are already covered under Antigua and
Barbuda law, therefore repetitive and conflicting provisions are not to be introduced.
PART III would provide for certain general and procedural provisions.
Clause 16 would provide for the definitions for this Part.
Clause 17 would provide for the territorial scope of offences under this Act, for which
this is the Bill, whether the offender is a citizen or not, provided, however, that he or the
computer was in Antigua and Barbuda at the material time, or damage occurred within
Antigua and Barbuda whether or not he or the computer was within Antigua and Barbuda
at the material time.
Clause 18 would provide the high court with jurisdiction to try any offence committed
under this Act but would restrict the jurisdiction of a summary court to offences
committed by a person within the magisterial district or where damage occurred within
such a district, whether the person or computer was within the district.
Clause 19 would allow the court to make an order for payment of compensation by the
offender to any person for any damage caused to that person's computer or any program
or data held in his computer, and this order will not prevent that person from bringing any
other proceedings for damages at common law.
Clause 20 would preserve the power of a police office to conduct investigations as
permitted under any written law.
Clause 21 would allow a Magistrate to issue a search warrant to a police officer, who,
upon executing it, may seize any article, data, document or information if he believes it is
evidence that an offence has been committed. This clause would also allow a police
office to have access to any computer, or program or data held in any computer and to
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