identification number, code or method used to access a computer or computer network, commits an offence and shall be liable on conviction to a fine of not less than [period] or to imprisonment for a term but not exceeding [period] or to both such fine and imprisonment. (6) A person shall not be liable under this section where – (a) he is acting pursuant to measures that can be taken under Part V of this Act; or (b) he is acting in reliance of any other statutory power. (5) Where an offence under this section is committed in relation to data that is in a critical database or that is concerned with national security or the provision of an essential service, the person shall be liable, upon conviction, to imprisonment for a term not exceeding [period]. (6) For the purposes of this section, it is immaterial whether an illegal interference or any intended effect of it, be permanent or merely temporary. Data Espionage Illegal System Interference 8. 9. (1) A person who, intentionally without lawful excuse or justification or in excess of a lawful excuse or justification obtains, for himself or for another, computer data which are not meant for him and which are specially protected against unauthorized access, commits an offence punishable, on conviction, by imprisonment for a period not exceeding five years, or a fine not exceeding M50, 000, or both. (1) A person who intentionally, without lawful excuse or justification or in excess of a lawful excuse or justification: (a) hinders or interferes with the functioning of a computer system; or (b) hinders or interferes with a person who is lawfully using or operating a computer system; commits an offence punishable, on conviction, by imprisonment for a period not exceeding five years, and a fine not exceeding M50, 000, or both. (2) A person who intentionally and without lawful excuse or justification or in excess of a lawful excuse or justification seizes or destroys any computer storage medium commits an offence punishable, on conviction, by imprisonment for a period not exceeding [period], and a fine not exceeding [amount], or both.

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