"Chirgwin, Richard" wrote:
> Felipe's concern, that "The Bill would make it illegal to possess or
> publish data that facilitates unauthorized access to a computer", is
> half-right. The bill however also says "with intent" - ie, you knew
> the activity was unauthorised, or you intended to do something wrong.
> [Quote: "an offence for a person to possess or control data with the
> intention of committing or facilitating the commission of an offence"
> ...]
> My interpretation: intent defines criminality. Right or wrong?
If I am demolishing a house and I buy a large screwdriver, a jemmy and a
bolt cutter and walk down Pitt Street in the middle of the day with them,
am I going to be stopped and prosecuted for carrying burglary tools?
Probably not.
However, if I take those self same tools, dress up in dark clothes, blacken
my face and wander around the back of suburban homes in the early hours of
the morning, and I bump into a policeman (I'm not a very clever burgular)
is he likely to charge me with an attempted crime?
Maybe, maybe not, it probably depends if he can work up a charge based on
intent. Same difference, n'est pas?
-- Crime does not pay... as well as politics. -- Alfred E. NewmanRegards brd
Bernard Robertson-Dunn Canberra Australia brd@dynamite.com.au brd@austarmetro.com.au
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