Section 5 covers unauthorised modication of the contents of any computer. Even if no financial loss or real harm is caused, the offence is committed.
For example, if a website is hacked into and the webpages are changed as a joke, the crime will have been completed.
The normal punishment is a fine not exceeding $10,000 or to imprisonment for a term not exceeding 3 years or to both. There are enhanced punishments for repeat offenders. Finally, 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.
It could be argued that anyone hacks into a computer will have modified without authorisation some part the computer contents, and therefore will have committed an offence under section 5 as well. However, in order to ensure that the basic offence of hacking under section 3 is not rendered redundant, section 5 should be interpreted to refer to significant modification of computer contents.
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