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(f)
an electronic communications network; or
(g)
a National Critical Information Infrastructure,
is guilty of an offence.
(2)
Any person who contravenes the provisions of subsection (1) is
liable, on conviction—
(a)
in the case of a contravention of the provisions of subsection (1)(a), (b), (c), (d) or
(f), to a fine not exceeding R5 million or to imprisonment for a period not
exceeding 5 years or to both such fine and imprisonment; or
(b)
in the case of a contravention of the provisions of subsection (1)(e) or (g) to a
fine not exceeding R10 million or to imprisonment for a period not exceeding 10
years or to both such fine and imprisonment.
(3)
For purposes of this section "access" includes, without limitation, to
make use of, to gain entry to, to view, display, instruct, or communicate with, to store
data in or retrieve data from, to copy, move, add, change, or remove data or otherwise
to make use of, configure or reconfigure any resources of a computer device, a
computer network, a database, a critical database, an electronic communications
network or a National Critical Information Infrastructure, whether in whole or in part,
including their logical, arithmetical, memory, transmission, data storage, processor, or
memory functions, whether by physical, virtual, direct, or indirect means or by
electronic, magnetic, audio, optical, or any other means.
(4)
For purposes of this section, the actions of a person, to the extent
that they exceed his or her lawful authority to access data, a computer device, a
computer network, a database, a critical database, an electronic communications
network or a National Critical Information Infrastructure, must be regarded as unlawful.
Unlawful interception of data
5.
or within—
(1)
Any person who unlawfully and intentionally intercepts data to, from