Book contents
- Frontmatter
- Contents
- Preface
- Acknowledgements
- List of abbreviations
- Table of cases
- Table of legislation
- PART I Introduction
- PART II Computer as target
- 2 Computer as target
- 3 Access offences
- 4 Impairment of data
- 5 Misuse of devices
- 6 Interception of data
- PART III Fraud and related offences
- PART IV Content-related offences
- PART V Offences against the person
- PART VI Jurisdiction
- Bibliography
- Index
4 - Impairment of data
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface
- Acknowledgements
- List of abbreviations
- Table of cases
- Table of legislation
- PART I Introduction
- PART II Computer as target
- 2 Computer as target
- 3 Access offences
- 4 Impairment of data
- 5 Misuse of devices
- 6 Interception of data
- PART III Fraud and related offences
- PART IV Content-related offences
- PART V Offences against the person
- PART VI Jurisdiction
- Bibliography
- Index
Summary
Introduction
The previous chapter was concerned with those offences which punish access to data. In this chapter, we look at those situations where the defendant interferes with the data in some way. In the past, such conduct was prosecuted, with some success, as criminal damage. However, criminal damage does not fully encompass the range of conduct which may arise in this context, and is based on notions of property, the application of which to data was often ‘more ingenious than practical’. Accordingly, each jurisdiction has specific offences concerned with the impairment of data.
Such offences are encompassed by Arts. 4 and 5 of the Cybercrime Convention, relating to data and system interference respectively. ‘Data interference’ offences are those which relate to the intentional and without right ‘damaging, deletion, deterioration, alteration or suppression of computer data’. These offences are intended to protect computer data from intentional damage, protecting the integrity, ‘proper functioning or use of computer data or computer programs’. Of course, simply executing a program will cause an alteration of data. Accordingly, the Convention allows parties to reserve the right to require that the conduct resulted in serious harm before such conduct is criminalised.
While Art. 4 is concerned with intentional damage to the data itself, Art. 5 relates to ‘system interference’ where there is the intentional and without right ‘serious hindering…of the functioning of a computer system by inputting, transmitting, damaging, deleting, deteriorating, altering or suppressing computer data’.
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- Chapter
- Information
- Principles of Cybercrime , pp. 101 - 119Publisher: Cambridge University PressPrint publication year: 2010