Anonymous

Teesside

Consultant

Interesting. I suppose the argument must be that sending an email to an email server is not 'unauthorised'. Everything else then falls down.

The wording of this section of the Act is:

3.-(1) A person is guilty of an offence if-

1. he does any act which causes an unauthorised modification of the contents of any computer; and
2. at the time when he does the act he has the requisite intent and the requisite knowledge.

(2) For the purposes of subsection (1)(b) above the requisite intent is an intent to cause a modification of the contents of any computer and by so doing-

1. to impair the operation of any computer;
2. to prevent or hinder access to any program or data held in any computer; or
3. to impair the operation of any such program or the reliability of any such data.

(3) The intent need not be directed at-

1. any particular computer;
2. any particular program or data or a program or data of any particular kind; or
3. any particular modification or a modification of any particular kind.

(4) For the purposes of subsection (1)(b) above the requisite knowledge is knowledge that any modification he intends to cause is unauthorised.
(5) It is immaterial for the purposes of this section whether an unauthorised modification or any intended effect of it of a kind mentioned in subsection (2) above is, or is intended to be, permanent or merely temporary.