(c) exceeds the access he or she is authorised.
(4)
For the purposes of this section, it is immaterial that the unauthorised access
is not directed at(a) a particular programme or data;
(b) a programme or data of any kind; or
(c) a programme or data held in any particular
computer or computer system.
[Ch0806s5]5. Unauthorised access to computer service
(1)
Subject to subsection (5), a person commits an offence where such person,
knowingly and by any means, without authorisation or exceeding the
authorisation he or she is given(a) secures access to any computer or computer
system for the purpose of obtaining, directly or indirectly, any computer
service; or
(b) intercepts or causes to be intercepted,
directly or indirectly, any function of, or any data within, a computer or
computer system.
(2) A
person who commits an offence under subsection (1) shall on conviction be
liable to a fine not exceeding P20,000 or to imprisonment for a term not
exceeding one year, or to both.
(3)
Where, as a result of the commission of an offence under subsection (1), the
operation of a computer or computer system is impaired, or data contained in
the computer or computer system is suppressed or modified, a person shall on
conviction be liable to a fine not exceeding P40,000 or to imprisonment for a
term not exceeding two years, or to both.
(4)
For the purposes of this section, it is immaterial that the unauthorised access
or interception in subsection (1) is not directed at(a) a particular programme or data;
(b) a programme or data of any kind; or
(c) a programme or data held in any particular
computer or computer system.
(5) A
person shall not be liable under subsection (1) where he or she(a) has the express or implied consent of both
the person who sent the data and the intended recipient of such data; or
(b) is acting in reliance of a statutory power
arising under any enactment or a power conferred under any Act.
[Ch0806s6]6. Access with intent to commit an offence
(1) A
person who, with intent to commit an offence under any other enactment, causes
a computer or computer system to perform any function for the purpose of