Antigua and BarbudaElectronic Crimes Act, 2013, access and interference
Electronic Crimes Act, 2013 (No. 14 of 2013), s. 3
In force.
A computer misuse rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not intentionally access, or download, copy or extract data from, an electronic system or network without a lawful excuse or justification.
- Accessing and copying a page a service has published for open, unauthenticated public access has not itself been held to lack a lawful excuse under this section.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
A fine of up to two hundred thousand dollars or imprisonment of up to three years, or both, on summary conviction, or a fine of up to five hundred thousand dollars or imprisonment of up to seven years, or both, on conviction on indictment (s. 3(2)).
Penalty structure
Five hundred thousand dollars is the indictment ceiling under s. 3(2)(ii); the same subsection also allows imprisonment of up to seven years instead of or in addition to the fine, and sets a lower two-hundred-thousand-dollar, three-year ceiling on summary conviction.
- Rule
- Fixed only
- As of
- Currency
- XCD
- Fixed cap
- 500,000
What it makes you log
Logging duty
Section 3 makes it an offence to access an electronic system or network, copy or extract data, introduce malicious code, damage, disrupt or deny access to a system, or alter or destroy data or source code, without lawful excuse or justification. It imposes no duty to create, keep, produce or review a log or record. The preservation, disclosure and production orders in Part III (sections 16 to 18) are outside the section the row cites.
- Kind
- None
- As of
What this law does
Section 3(1) prohibits a person from intentionally, without lawful excuse or justification, accessing an electronic system or network, downloading, copying or extracting data or an electronic database from it, introducing a contaminant or malicious code, damaging or disrupting the system, denying an authorised person access to it, or destroying or altering source code with intent to cause damage.
The trigger is the absence of a "lawful excuse or justification" for the access, rather than a requirement to infringe a security measure, so the provision reads on its face more broadly than a statute limited to defeating an access control; a service that publishes a page for open, unauthenticated public access would ordinarily give a visitor a lawful excuse to access and copy it.
The offence carries a fine of up to two hundred thousand dollars or imprisonment of up to three years, or both, on summary conviction, or a fine of up to five hundred thousand dollars or imprisonment of up to seven years, or both, on conviction on indictment. The Act states no commencement date of its own. It received the Governor-General's assent on and was published in the Official Gazette (Vol. XXXIII No. 65) on , and no commencement notice has been located.
When LexLint raises it
When your app profile says your app crawls the web or trains models.
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