Computers misuses

Prior to 1990, when the Computer Misuse Act was enacted, it was difficult to convict anyone of computer hacking. There were two main issues firstly offences regulating the penetration of the computing system and secondly offences which dealt with the alteration or destruction of data by someone who has already gained access. The former had been the subject of greatest controversy. We shall look first at regulation of hacking by traditional offences, then at the 1990 Act. 

The Computer Misuse Act 1990 enshrines proposals made in the Report of the Law Commission, a document produced after extensive consultation with interested bodies on proposals made in the Law Commission s Working Paper. In their Report, the Law Commission recommended the creation of three new offences, two relating to hacking, and a third concerning the unauthorized modification of data. We shall look at the latter when we consider the issue of criminal damage. For the moment we shall concentrate solely on the offences relating to hacking. 

The second offence is more serious. Section 2 of the Computer Misuse Act makes it an offence to commit the basic unauthorized access offence outlined above, but with the intent to commit or facilitate the commission of a serious crime. It does not matter whether the further offence would involve the use of a computer or not nor whether the further offence is in fact committed nor even whether it is possible to commit the further offence (e.g. where the intended victim is already dead). The Law Commission in their Report gave the exam... 

One of the main reasons for the growth in the use of computers is their ability to store, yet make readily accessible, very large amounts of data. However this has given rise to concomitant fears for the security of data, and to calls for appropriate sanctions against those who destroy or alter data without authorization. Two criminal offences cunentiy cover this form of abuse criminal damage and Section 3 of the Computer Misuse Act 1990. 

The Law Commission were not happy with the outcome of Cox v Riley in terms of the protection that that case afforded to computerized data. They therefore reconunended the creation of a new offence, which now forms Section 3 of the Computer Misuse Act 1990. This provides that ... 

Computer misuse and the criminal law 273 inaccessible to anyone who does not know the password. 

This form of abuse may be controlled by the new offences in the Computer Misuse Act 1990, discussed above. They often apply, for in order to remove information stored on a computer it will be necessaiy to access the computer first. This is not the case of course if the information is stored, e.g. on a disc separate from the computer. The Law... 

The Law Commission s working paper and its later report discuss the various practical problems of computer misuse, the extent to which they are ciurently controlled by the law, and make suggestion for reform. These documents are, however, written by lawyers for lawyers and they presume knowledge of law, but tittle detailed knowledge of computing. They should however provide useful background material. 

Law Commission Working Paper Nmnber 110, Computer misuse (HMSO, 1988). 

Law Commission Report Nmnber 186, Criminal law computer misuse. Cm 819 (HMSO, 1989). 

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