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ACE2159 ICT the Law

2006-7. 2. Computer Crime: Legislation . Computer Misuse Act 1990Now amended via Police

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ACE2159 ICT the Law

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    1. ACE2159 ICT & the Law Computer Crime 2 2006-7

    2. 2006-7 2 Computer Crime: Legislation Computer Misuse Act 1990 Now amended via Police & Justice Act 2006 Deals with attacks on computers Content-related crime IPR Pornography & extreme material Traditional crimes using computers Fraud, theft, harassment

    3. 2006-7 3 Computer Misuse Act 1990 Introduced to deal with hacking 3 main offences - criminal: Unauthorised acts relating to computers Unauthorised access to any program or data Unauthorised access with view to commit or facilitate further offence Carrying out unauthorised act with intent To impair operation of computer To prevent/hinder access to program or data To impair operation of program/reliability of data To enable any of the above to be done

    4. 2006-7 4 Computer Misuse Act 1990 Penalties Unauthorised access (hacking) Up to 6 months imprisonment or up to £5000 fine Unauthorised access with view to commit further offences (‘serious’ hacking) Up to 5 years imprisonment and unlimited fine Unauthorised act (modification, destruction of data etc.) Up to 5 years imprisonment and unlimited fine

    5. 2006-7 5 Police & Justice Act 2006 Expands CMA Criminalises someone who knowingly does unauthorised act with intent: To impair operation of any computer To prevent/hinder access to program/data To impair operation of program/data Intent need not be directed at specific computer, program or data

    6. 2006-7 6 Denial of Service attacks Prevention of normal flow of traffic Hackers overload networks/servers to point of collapse CMA did not cover this PJA (Part 5) amends CMA to make denial of service criminal act See case of David Lennon

    7. 2006-7 7 Content-related crime Pornography Obscene Publications Act 1959 & 1964 Protection of Children Act 1978 Criminal Justice Act 1988 Sexual Offences Act 2003 Criminal Justice Public Order Act 1994 Similar acts in Scotland Proposal to make possession of ‘extreme pornographic material’ illegal Consultation paper http://www.homeoffice.gov.uk/documents/cons-extreme-porn-3008051/Gvt-response-extreme-porn2.pdf?view=Binary

    8. 2006-7 8 Other types of crime Sexual grooming Sexual Offences Act 2003 Incitement to racial/religious hatred Blasphemy law Race Relations Act 1976 Public Order Act 1986 Racial & Religious Hatred Act 2006 Crime & Disorder Act 1998

    9. 2006-7 9 Other types of crime Online harassment Protection from Harassment Act 1997 Malicious Communications Act 1988 Telecommunications Act 1984 Online defamation Libel http://www.guardian.co.uk/law/story/0,,1737445,00.html ISP liability Terrorism Terrorism Act 2006

    10. 2006-7 10 Traditional crimes Committed using computer Harassment Theft Id theft Fraud – Fraud Act 2006 Unauthorised alteration of computer input Destroying, suppressing, stealing output Making unauthorised changes to stored information Amending/misusing programs (excluding viruses)

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