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Papers > Technology > Computer Missuse Act 1990
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Computer Missuse Act 1990 |
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Hacking and The Computer Misuse Act 1990 Introduction Computer Hacking has existed since computers were invented. Computer use nowadays is rapidly increasing; there is a greater percentage of the population that use computers or computerized technology, to aid them in the everyday work activities. The vast increase and dependency on computers has also had the effect of increased computer crime and the general misuse of computers and their software. Before explaining the details of the Computer Misuse Act it is important that the word “hackers” and “hacking” are explained in detail. ... Laws are starting to be created concerning computer crime, but they are feeble and vague, but before this time all the hacker activity was not violating any laws except perhaps for some copyright infringement. ... There is an explosion of computer users going on-line. ... Laws are passed and the FBI and SS get into the act. ... Crackers - They break into computer systems. ... >>>>>>>>>Enter the Computer Misuse Act Background The Computer Misuse Act was created following some controversy in the mid to late nineteen eighties. At this time, hacking was not an offence and the hacker was relatively free to attempt to break into computer systems, if he or she had the intellect to bypass the various security measures employed by the system owners. ... The Duke of Edinburgh’s mailbox A notable case was that of two men named Gold and Shifreen, who were convicted at Southwark Crown Court in April 1986 of offences of forgery under the Forgery and Counterfeiting Act of 1981. ... The exact offence with which they were charged was: "making a false instrument, namely a device on or in which information is recorded or stored by electronic means with the intention of using it to induce the Prestel computer to accept it as genuine and by reason of so accepting it to do an act to the prejudice of British Telecommunications plc" The two men were convicted and later appealed to the High Court. Lord Lane, Lord Chief Justice who said that the Forgery Act was not intended for computer misuse offences upheld their appeal. ... Birth of the Act This was clearly an area where new and appropriate legislation was required. A Royal Commission was set up to look at the whole area of computer misuse. As a result of the findings and recommendations of the Commission, the Computer Misuse Act 1990 was enacted. Definition "An Act to make provision for securing computer material against unauthorised access or modification; and for connected purposes." Computer Misuse Act 1990 - computer misuse offences The Computer Misuse Act created three new offences in response to the Law Commission Working Paper No. 186, on Criminal Law: Computer Misuse (Cm 819), published in October 1989. A common type of computer fraud involves gaining unauthorised access in order to transfer funds to ones own account, or that of a friend. ... Because only the computer is deceived, it is probable that neither of these activities amounts to obtaining property by deception, since there is authority that that offence requires deception of a human mind. ... For example where a computer virus is introduced to a system (e. ... There is also a range of other offences under the general criminal law, which may be committed by unauthorised computer users. ... Nevertheless, perhaps because computer misuse was estimated to cost UK industry over £400 million annually, it was felt that the pre-existing law was inadequate in a number of respects. In particular, hacking was not a criminal offence, and while unauthorised users may well, in using the computer, commit other offences, there were greater evidential difficulties in prosecuting such offences than in the case of non-computer crime. Nor was the deliberate creation of computer viruses a criminal offence. ... 1 of the Act makes hacking criminal, whether or not any harm is intended. ... It is necessary only to cause a computer to perform any function with intent to secure access, so that, for example, An attempt to log on, which is rejected by the computer, falls within the section. A hacker who programs his computer to search through every possible password is therefore caught, whether or not his or her attempts at accessing are successful. ... 2(2)’ The further offences being identical to those for an arrest table offence under the Police and Criminal Evidence Act 1984. |
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Title: Computer Missuse Act 1990
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