PHONE NUMBER

+64 21 389 121

EMAIL ADDRESS​

clive@cliveelliott.com

Data is not Property –

It is a strange world indeed were the crime of hacking i.e. accessing a computer system in order to get information (see definition below) does not actually cover that specific activity and where the prosecution authorities will need to rely on the broad wash-up wording of obtaining a “benefit” to get a prosecution under S249 to stick.
See http://www.lojo.co.nz/updates-article/data-is-not-property-says-nz-court-of-appeal
It is all the more perplexing when one considers that something as ephemeral as “electricity” is covered but not the data or information on the computer being hacked.

http://www.merriam-webster.com/dictionary/hacker
hack·er
computers : a person who secretly gets access to a computer system in order to get information, cause damage, etc. : a person who hacks into a computer system

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Clive Elliott-Barrister

I live and work in Auckland, New Zealand. I am a frequent writer and commentator on intellectual property and information technology issues. I am a barrister and arbitrator. Before going to the Bar in 2000, I was a partner and headed the litigation team at Baldwin Shelston Waters/Baldwins. I took silk in 2013. Feel free to contact me via phone, email or social media.