This article will outline computer offences in Australia. In Australia, there are a range of computer offences covered by both Commonwealth and state/territory legislation. Here are some of the most common:
- Unauthorised access to or modification of data: This includes hacking, accessing data without permission, and modifying data without authorisation. This can carry serious penalties, depending on the intent and harm caused.
- Unauthorised impairment of electronic communication: This includes interfering with or disrupting electronic communications, such as email, text messages, or internet access.
- Possession of computer viruses with intent to commit a serious computer offence: This involves having malware like viruses or worms with the intention of using them to cause harm.
- Cybercrime using a carriage service: This covers a wide range of offences committed online, such as online fraud, identity theft, cyberbullying, and the distribution of child exploitation material.
While the internet brings many benefits to Australia, criminals are taking advantage of our digital connections to commit more and more crimes. That’s why there are legal provisions in place for computer offences.
Section 308: General Definitions For Computer Offences
This Section of computer offences defines key terms used in the following sections of the law:
- Data: This can be any kind of information, like text, numbers, images, or even computer programs.
- Data held in a computer: This includes information directly on the computer, on removable storage devices like disks or flash drives, or on a network connected to the computer.
- Data storage device: This is anything that holds information for a computer, like a hard drive, server, or even a USB stick.
- Electronic communication: This is any way of sending information electronically, like emails, text messages, or online chats.
- Serious computer crime: This is a specific type of crime covered in other sections of the law, such as hacking, unauthorised access to data, or spreading viruses. It can also include similar actions done in other countries that would be illegal if they happened here.
Section 308A: Meaning of Access to Data, Modification of Data and Impairment of Electronic Communication
Section 308A of computer offences define what counts as “accessing,” “modifying,” and “interfering with” computer data and electronic communication.
Accessing data:
- Viewing or displaying data on the computer screen.
- Copying or moving data within the computer or to another storage device.
- Running a program (considered accessing the program data).
Modifying data: Changing the information stored in the computer, either by removing or adding parts.
Interfering with communication:
- Blocking or preventing communication to or from the computer.
- Disrupting the connection used by the computer, but not simply eavesdropping on the communication.
Section 308B: Meaning of Unauthorised Access, Modification or Impairment
Section 308B of computer offences clarifies what counts as “unauthorised” when it comes to accessing, modifying, or interfering with computer data and communication:
Unauthenticated actions are those you’re not allowed to do:
- You’re simply not allowed to access, modify, or disrupt data or communication if you don’t have the right to.
- Having a hidden motive for your actions doesn’t make them authorised.
Exceptions for law enforcement: Law enforcement officers or people they authorise can access, modify, or disrupt data in specific situations:
- They must have legal custody of the computer involved.
- Their purpose must be to preserve evidence of a crime, not hide it or destroy it.
Causing unauthorised actions: If your actions indirectly lead to unauthorised access, modification, or disruption, you can still be held responsible.
Exceptions for data reliability: Law enforcement officers can disrupt the reliability, security, or operation of data in specific situations:
- They must have legal custody of the device involved.
- Their purpose must be to preserve evidence of a crime, not hide it or destroy it.
- They must document their actions afterward.
Section 308C: Unauthorised Access, Modification or Impairment With Intent to Commit Serious Indictable Offence
Section 308C of computer offences explains a specific crime: illegally accessing, modifying, or interfering with computer data or communication to commit a serious crime.
What’s illegal?
- You cannot perform any unauthorised computer action: accessing, modifying, or disrupting data or communication.
- You must know you’re doing it without permission.
- Your goal is to commit a major crime (yourself or someone else).
Penalty: It’s as serious as if you had directly committed the major crime you intended.
What counts as unauthorised? Accessing, modifying, or disrupting data or communication you’re not allowed to touch.
What’s a major crime? A serious offence, including ones from other countries that would be major crimes here.
Section 308D: Unauthorised Modification of Data With Intent to Cause Impairment
Section 308D explains another crime: intentionally messing with computer data without permission to harm the data itself or how people access it.
What’s illegal?
- Changing information stored on a computer without permission.
- Knowing you’re doing it without permission.
- Intending to make it harder to access the data, or to make the data itself unreliable or unusable.
- Even if you didn’t intend the harm, but knew it could happen, you can still be guilty.
The penalty for this offence is up to 10 years in prison.
Section 308E: Unauthorised Impairment of Electronic Communication
Section 308E of computer offences also deals with another illegal activity: messing with communication to or from a computer without permission.
What’s illegal?
- Blocking or interfering with electronic messages, calls, or other communication going to or from a computer.
- Knowing you’re doing it without permission.
- Intending to disrupt the communication, or even if you didn’t intend it but knew it was possible.
The penalty of this offence is up to 10 years in prison.
Section 308F: Possession of Data With Intent to Commit Serious Computer Offence
Section 308F of computer offences explains a crime related to having information you shouldn’t, with the intent to commit a serious computer crime.
What’s illegal?
- Having information (data) that you know can be used to commit a major computer crime.
- You can intend to commit the crime yourself or help someone else do it.
Penalty:
Up to 3 years in prison.
What counts as “having” the information?
- Possessing a physical device like a computer or storage drive that holds the data.
- Having a written document containing the data.
- Controlling data stored on someone else’s computer, even if it’s in another country.
Section 308G: Producing, Supplying or Obtaining Data With Intent to Commit Serious Computer Offence
Section 308G of computer offences explains another crime involving information you shouldn’t have, but this time it focuses on creating, sharing, or getting that information with the intent to commit a serious computer crime.
What’s illegal?
- Creating, sharing, or getting information (data) that you know can be used to commit a major computer crime.
- You can intend to commit the crime yourself or help someone else do it.
Penalty:
Up to 3 years in prison.
What counts as “creating, sharing, or getting” the information?
- Creating information on a computer or storage device.
- Sharing information with someone else.
- Obtaining information from someone else.
- This includes having a written document containing the data you shouldn’t have.
Section 308H: Unauthorised Access to or Modification of Restricted Data Held in Computer (Summary Offence)
Section 308H of computer offences cover a specific crime: intentionally snooping on or changing sensitive information stored on a computer without permission.
What’s illegal?
- Accessing or modifying protected information on a computer.
- Knowing you’re doing it without permission.
- Intending to access or modify the information.
Penalty:
Up to 2 years in prison.
What’s “sensitive information”? This is data on a computer specifically protected by a security system.
This is a less serious offense than other sections and is handled differently in court. You have 3 years from the crime date for legal action to be taken.
Section 308I: Unauthorised Impairment of Data Held in Computer Disk, Credit Card or Other Device (Summary Offence)
Section 308I of computer offences explains a specific crime: intentionally messing with the data stored on a computer disk, credit card, or other electronic device, without permission.
What’s illegal?
- Damaging, messing with, or making it hard to use the information stored on a device like a computer disk, credit card, or similar device.
- Knowing you’re doing it without permission.
- Intending to cause the damage or disruption.
Penalty: Up to 2 years in prison.
This is a less serious offence than other sections and is handled differently in court. It’s only considered “unauthorised” if you don’t have permission to mess with the data.
Need Help With Computer Offences and Cybercrime Matters?
The digital world can be a complex and dangerous landscape, and navigating the legal implications of computer offences and cyber crime can be even more challenging. If you find yourself facing allegations or suspect you might be involved in such matters, seeking legal advice from JB Solicitors is crucial.
Contact us today for all you criminal law matters.