20 October 2015

Computer Crime: Dixon v. R

Downloading files from a database without authority is a crime, the Supreme Court ruled.  Security guard Jonathon Dixon must serve four months community detention and 300 hours community work after trying to make money selling CCTV footage of England rugby player Mike Tindall’s behaviour in a Queenstown bar during the 2011 rugby world cup.
This Supreme Court ruling makes it easier to threaten with prosecution errant employees and contractors who download business files without authority but gain no immediate commercial advantage from the files copied.  
The Queenstown CCTV compilation featured Mr Tindall, married to the Queen’s eldest grand-daughter, socialising with a female patron and leaving the bar with her.  When Dixon failed to find a media buyer, he posted the compilation on YouTube.  He was charged with accessing a computer system for a dishonest purpose, in breach of the Crimes Act.  The narrow legal issue before the Supreme Court was whether a downloaded file amounted to “property”.  Conviction would have been easier if Dixon had made money selling the footage; that would be in breach of the Crimes Act as obtaining a “pecuniary advantage” from the downloaded file.  But Dixon didn’t find a buyer.  Police argued it was enough that Dixon “obtained any property” and the download was “property”.
The Supreme Court was told the bar owner demanded Dixon hand over the USB stick holding CCTV footage.  Dixon refused.  He failed to find any buyers after hawking the footage to overseas media, though the Sun newspaper in London took at least one still image.
The Court said digital files can be identified, have a value and can be transfered to others.  They have a physical presence, despite requiring a computer system and appropriate software to view them.  Files are “property”, the court ruled.  They are not simply information having no physical existence.
Dixon v. R – Supreme Court (20.10.15)

15.117