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| COMPUTER CRIME |
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| The anarchic glamour of computer crime has always attracted a lot
of attention, but accessing the level of computer crime in Ireland
is very difficult, to judge by media reports there are only very few
cases every year. The Garda Bureau of Fraud Investigation based in
Harcourt Street handles computer related crime. |
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| The Criminal Damage Act, 1991. |
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| The Criminal Damage Act, 1991 sets out four offences: causing damage
to data, threatening to damage data, the offence of possession of
anything with intent to cause damage to data and unauthorised access
to a computer. The penalties for committing any of the first three
offences can range up to 12,697 euro and ten years in prison. If someone
gains unauthorised access to a computer, he will be liable on summary
conviction to a fine of up to 634 euro and/or imprisonment not exceeding
three months. The Data Protection Act, 1988 creates an offence of
gaining unauthorised access to personal data. |
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| Section 9 of the Criminal Justice (Theft and Fraud Offences) Act,
2001 provides for the offence of ‘unlawful use of a computer’
which reads: |
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| “(1) A person who dishonestly, whether within
or outside the State, operates or causes to be operated a computer
within the State with the intention of making a gain for himself or
herself or another, or of causing loss to another, is guilty of an
offence. |
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| (2) A person guilty of an offence under this section
is liable on conviction on indictment to a fine or imprisonment for
a term not exceeding 10 years or both”. |
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| The Child Trafficking and Pornography Act 1998, makes
it an offence to traffic in children for sexual exploitation or to
allow a child to be used for child pornography. It also makes it an
offence to knowingly produce, distribute, print or publish, import,
export, sell show or possess an item of child pornography. The Act
contains penalties of up to 14 years in prison. The Act is a welcome
development, however the position of anybody who may facilitate the
distribution of child pornography may become difficult. Internet Service
Providers, in particular, should be very careful not to do anything
that may give rise to potential criminal liability under the Act.
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| © Karen Murray &
Denis Kelleher 2003 |
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