Cyber Security and Data Protection computer data as well as computer data stored, processed, retrieved or transmitted by that device or inter-connected or related devices for the purposes of its or their operation, use, protection or maintenance; “pornography” includes any representation, through publication, exhibition, cinematography, electronic means or any other means whatsoever, of a person engaged in real or simulated explicit sexual activity, or any representation of the sexual parts of a person for primarily sexual purposes; “programme” means data or a set of instructions which, when executed in a computer, causes the computer to perform a function; “remote forensic tool” means an investigative tool including, software or hardware, installed on or in relation to a computer system or part of a computer system and used to perform tasks that include keystroke logging or transmission of an IP-address; “service provider” means— (a) any person that provides to users of its service the ability to communicate by means of information communication technology systems, and (b) any person that processes or stores information and communications data on behalf of such communications service or users of such service; and includes— (c) access, caching and hosting provider; “system” means an arrangement of data or one or more programmes which, when executed, performs a function; “traffic data” means data relating to a communication by means of an information communications system or generated by an information communications system that forms a part of the chain of communications indicating the communication’s origin, destination, route, format, time, date, size, duration or type of the underlying service; “utilise” in relation to a remote forensic tool includes— (a) developing a remote forensic tool; (b) adopting a remote forensic tool; and (c) purchasing a remote forensic tool.” (2) The Principal Act is amended by the repeal of sections 163 to 166 and the substitution of the following— 5 10 15 20 25 30 35 “PART I Offences Relating to Computer Systems, Computer Data, Data Storage Mediums, Data Codes and Devices 163 Hacking 40 (1) A person who— (a) knowing or suspecting that he or she must obtain prior authority to access the data, computer programme, computer data storage medium, or the whole or any part of a computer system in question; and (b) intentionally, unlawfully and without such authority, secures access to such data, programme, medium or system; 20 45