Computer crime - unauthorised use or interception

Section 6 of the Computer Misuse Act covers

• unauthorised use and
• unauthorised interception of computer services.

"Unauthorised use" covers persons who secure access to any computer for purpose of obtaining any computer service. "Computer service" is defined under section 2 to include "computer time, data processing and the storage or retrieval of data".

Unauthorised interception of computer services is committed when a person "intercepts or causes to be intercepted without authority, directly or indirectly, any function of a computer by means of an electro-magnetic, acoustic, mechanical or other device." The wording here is very wide and even reading the screen of someone else's computer by capturing the electro-magnetic impulses transmited through the airwaves (relying on what is sometimes called the Tempest effect) would be considered an offence.

Again, the keyword here is the fact that the acts here must be unauthorised. Punishment here is a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both and, in the case of a second or subsequent conviction, to a fine not exceeding $20,000 or to imprisonment for a term not exceeding 5 years or to both. If any damage is caused as a result of an offence under this section, a person convicted of the offence shall be liable to a fine not exceeding $50,000 or to imprisonment for a term not exceeding 7 years or to both.