19
(4)
For purposes of this section "malware" means any data, electronic,
mechanical or other instrument, device, equipment, or apparatus that is designed
specifically to—
(a)
create a vulnerability in respect of;
(b)
modify or impair;
(c)
compromise the confidentiality, integrity or availability of; or
(d)
interfere with the ordinary functioning or usage of,
data, a computer device, a computer network, a database, a critical database, an
electronic communications network, or a National Critical Information Infrastructure.
Unlawful acquisition, possession, provision, receipt or use of passwords, access
codes or similar data or devices
10.
(1)
Any person who unlawfully and intentionally—
(a)
acquires by any means;
(b)
possesses;
(c)
provides to another person; or
(d)
uses,
an access code, password or similar data or device for purposes of contravening the
provisions of section 3(1)(a) or (c) or (2)(a) or (c), 4(1), 5(1), 7(1), 8(1), 11(1), 12(1) or
(2) or 13(1), is guilty of an offence.
(2)
Any person who is found in possession of an access code,
password or similar data or device in regard to which there is a reasonable suspicion
that such access code, password or similar data or device was acquired, is possessed,
or is to be provided to another person or was used or may be used for purposes of
contravening the provisions of section 3(1)(a) or (c) or (2)(a) or (c), 4(1), 5(1), 7(1), 8(1),
11(1), 12(1) or (2) or 13(1), and who is unable to give a satisfactory exculpatory account
of such possession, is guilty of an offence.