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The Service Provider as Parallel to the Problem Presented by Macrobox

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Section 1 of the CMA provides that in cases of unauthorized access to computer material a person may be found guilty when (a) he causes a computer to perform any function with intent to secure access to any program or data held in any computer; (b) the access he intends to secure; and (c) he knows at the time when he causes the computer to perform the function that that is the case. This provision was modified by Section 35 sub-section (2) of the JPA where the phrases were inserted in sub-section (1) in paragraph a to read “ … or to enable any such access to be secured” while in paragraph (b) “ … or to enable to be secured” however this amendatory provision was again superseded by Section 61 of the SCA by omitting altogether subsection (2).

While Section 2 finds a person guilty under unauthorized access with intent to commit or facilitate commission of further offences if it is committed with intent (a) to commit an offence to which this section applies; or (b) to facilitate the commission of such an offence (whether by himself or by any other person); and the offence he intends to commit or facilitate is to be committed on the same occasion as the unauthorized access offence or on any future occasion and it is further stated that guilt may still be adjudged even though the facts are such that the commission of the further offence is impossible.

While Section 3 formerly referred to as unauthorized modification of computer material was substituted as unauthorized acts with intent to impair, or with recklessness as to impairing, the operation of the computer, etc.

under the JPA. Pursuant to this Section it shall be deemed unlawful if any person knowingly performs an unauthorized act in relation to a computer which shall impair its operation; to prevent or hinder access to any program or data held in any computer; to impair the operation of any such program or the reliability of any such data; or to enable any of the foregoing acts to be done.

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