Section 2: Interpretation

2. Interpretation In this Act— “access”, in relation to any computer system, means instruct, communicate with, store data in, retrieve data from, or otherwise make use of any of the resources of the computer system; “asymmetric cryptosystem” means a system capable of generating a secure key pair, consisting of a private key for creating a digital signature, and a public key to verify the digital signature; “computer service” includes data processing and the storage or retrieval of data; “computer system” means a device or combination of devices, including input and output devices, but excluding calculators which are not programmable, and capable of being used in conjunction with external files, which contain computer programs, electronic instructions, input data and C37 – 1 [Issue 1] Computer Misuse and Cybercrime Act output data that performs logic, arithmetic, data storage and retrieval, communication control and other functions; “data” means information recorded in a form in which it can be processed by equipment operating automatically in response to instructions given for that purpose, and includes representations of facts, information and concepts held in any removable storage medium; “digital signature”— (a) means an electronic signature consisting of a transformation of an electronic record using an asymmetric cryptosystem such that a person having the initial untransformed electronic record and the signer’s public key can accurately determine— (i) whether the transformation was created using the private key that corresponds to the signer’s public key; and (ii) whether the initial electronic record has been altered since the transformation was made; and (b) includes voice recognition relating features, digital finger-printing or such other biotechnological features or process, as may be prescribed; “electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; “electronic record” means a record created, generated, sent, communicated, received or stored by electronic means; “function” includes logic, control, arithmetic, deletion, storage and retrieval and communication or telecommunication to, from or within a computer system; “information and communication service” means any service involving the use of information and communication technologies, including telecommunication services; “information and communication technologies” means technologies employed in collecting, storing, using or sending out information and include those involving the use of computers or any telecommunication system; “intercept”, in relation to a function of a computer, includes listen to, or record a function of a computer, or acquire the substance, its meaning or purport of such function; “investigatory authority” means the police or any other body lawfully empowered to investigate any offence; “key” means either a public or private key; “modification” means a modification of the contents of any computer system by the operation of any function of that computer system or any other computer system as a result of which— (a) any program or data held in the computer system is altered or erased; [Issue 1] C37 – 2 Revised Laws of Mauritius (b) any program or data is added to its contents; or (c) any act occurs which impairs the normal operation of the computer system; “password” means any data by which a computer service or a computer system is capable of being obtained or used; “p ents of any computer system by the operation of any function of that computer system or any other computer system as a result of which— (a) any program or data held in the computer system is altered or erased; [Issue 1] C37 – 2 Revised Laws of Mauritius (b) any program or data is added to its contents; or (c) any act occurs which impairs the normal operation of the computer system; “password” means any data by which a computer service or a computer system is capable of being obtained or used; “private key” means the key of a key pair used to create a digital signature; “program” means a set of instructions, expressed in words, codes, schemes or any other form, which is capable, when incorporated in a machine readable medium, of causing a computer to perform or achieve a particular task or result; “property” means property of any kind, nature or description, whether moveable or immoveable, tangible or intangible and includes— (a) any currency, whether or not the currency is legal tender in Mauritius; (b) information, including an electronically produced data or program, or a copy thereof, whether tangible or intangible, human or computer readable data, or data while in transit; or (c) any right or interest in property; “public key” means the key of a key pair used to verify a digital signature; “record” means information that is inscribed, stored or otherwise fixed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; “service provider” means any person who provides an information and communication service, including a telecommunication service; “subscriber” means a person using the services of a service provider; “subscriber information” means any information, contained in the form of computer data or any other form, that is held by a service provider, relating to subscribers, other than traffic or other data, by which can be established— (a) the type of the communication service used, the technical provisions taken to use the communication service and the period of the service; (b) the subscriber’s identity, postal or geographical address, telephone and other access number, billing and payment information, available on the basis of a service agreement or arrangement; or (c) any other information on the site of installation of a communication equipment available on the basis of a service agreement or arrangement; C37 – 3 [Issue 1] Computer Misuse and Cybercrime Act “telecommunication” means a transmission, emission or reception of signs, signals, writing, images, sounds or intelligence of any nature by wire, radio, optical or other electro-magnetic systems, whether or not such signs, signals, writing, images, sounds or intelligence have been subjected to rearrangement, computation or other processes by any means in the course of their transmission, emission or reception; “traffic data” means any data relating to a communication by means of a computer system and generated by the system that form part in the chain of communication, indicating the communication’s origin, destination, route, time, date, size, duration, or type of underlying service; “underlying service” means the type of service that is being used within the computer system. PART II – OFFENCES form part in the chain of communication, indicating the communication’s origin, destination, route, time, date, size, duration, or type of underlying service; “underlying service” means the type of service that is being used within the computer system. PART II – OFFENCES