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“ Wrong. Electronic means much more. There is no need to define electronic. What needs to be defined is electronic. Also note ETO 2002 does not define electronic nor does any law or model law define this internationally…”
Same definition is given in ETO 2002 under section 2 (ℓ)
Moreover electronic is defined in:
Canada - Electronic Transactions Act 2001
Canada - Uniform Electronic Commerce Act
Canada - The Electronic Commerce And Information, Consumer Protection Amendment And Manitoba Evidence Amendment Act
Ireland - E-Commerce Act, 2000
India - IT Act 2000 u/s. 2 (r)
Turks and CAICOS Islands - Electronic Transactions Ordinance 2000
“ Do I damage a system if I don’t interrupts any normal processing, nor obstruct the functioning or reliability or usefulness of an electronic system, yet take control of the system? If the answer is yes how does clause 7 address it.”
answer is No!
You are just accessing the system which is punishable under clause 3 i.e. Criminal Access.
‘ the term “damage” means any impairment to the integrity or availability of data, a program, a system, or information;’
Data will be damaged, even with a single bit change
If the word “Destroy” would used be then criticism may be valid.
Almost All Budapest Convention Signatories have treated Access and Damage separately
Almost every Signatory used a different title and definition
Many of Budapest Convention Signatories have used word “Damage” including Switzerland
Have a look at leaders (UK, France, Germany & Switzerland)…
Budapest Signatories Comparison Computer Sabotage Alteration of Data Data Espionage Penal Code Germany Damage to data Unauthorized access to data processing system Penal Code Switzerland Obstruction or interference Unauthorised access with intent to commit or facilitate commission of further offences System Damage Fraudulent introduction of data Unauthorised modification of computer material Data Damage Fraudulent accessing Unauthorised access to computer material. Criminal Access Penal Code Computer Misuse Act France UK Crime
United States Code § 223 (1)(a)(ii) “initiates the transmission of, any comment, request, suggestion, proposal, image , or other communication which is obscene or child pornography, with intent to annoy, abuse, threaten, or harass another person;”
Spain ( Budapest Signatory) Penal Code CHAPTER I Article 197 (3):
“… the images captured, as indicated in the proceeding paragraphs, are divulged, revealed or transferred to third parties. Punishment consisting of imprisonment from between one and three years…”