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