Why computer misuse act is important

In a case involving a minor, the Crown R v Mudd, the accused confessed of crimes under Sections 1 and 3, as well as concealing criminal property, which is a crime outside of the Computer Misuse Act. The trial resulted in the defendant receiving a 6-month prison sentence. The Computer Misuse Act was designed to retain some flexibility in the face of a swiftly developing digital landscape. As discussed, the Computer Misuse Act has also been amended several times to uphold its relevance and effectivity in deterring cybercrime.

According to an analysis of figures from HM Courts and Tribunals Service in by tech news website the Register, there were prosecutions under the Computer Misuse Act between and However, out of the total of 45 convictions in , only nine resulted in immediate prison sentences. In , it was also equally likely for offenders under the Computer Misuse Act to receive an official caution rather than prosecution. Critics of the Act say that these figures show an attitude towards computer misuse that is too forgiving, and do not sufficiently deter people from breaking the law in this way, citing rising rates of cybercrime.

Another concern with the Computer Misuse Act is that, since its introduction thirty years ago, an extensive cyber security research industry has developed. These four clauses cover a range of offences including hacking , computer fraud, blackmail and viruses. Failure to comply with the Computer Misuse Act can lead to fines and potentially imprisonment.

Computer Misuse Act The Computer Misuse Act protects personal data held by organisations from unauthorised access and modification. The lowest-level of penalty is applied if you are found guilty of gaining access to a computer without permission or officially known as "unauthorised access to a computer". If you gain access to a computer without permission in order to steal data or take part in another crime, such as using that data to commit fraud, you will receive a sentence of up to 10 years in prison and can receive a fine of unlimited amounts, depending on the severity of the crime and damaged caused although it can be difficult to prove intent in this case.

If you modify the content of a computer or provide the tools so others can do so for example, if you distribute malware with the intent to destroy or change the contents of a computer you can receive a prison sentence of up to ten years alongside an unlimited fine. If this potential damage extends to causing harm to human welfare or puts national security at risk, the sentence could be up to life imprisonment. In the three decades since , the digital landscape has changed beyond recognition.

Meanwhile, the Computer Misuse Act has stayed pretty much the same, par for a few provisions. At the time when the Computer Misuse Act was passed, not many people had access to computers. If they did, it was mostly at work, while those who were lucky enough to own such a device for themselves, usually had not more than one. Today, many of us juggle multiple laptops , PCs, and tablets , which we divide between work and personal life. Some are provided by the workplace, while others have been bought with our own money.

As technology has undergone a dramatic change, so has the threat landscape. In , the law had a very simplistic interpretation of what constitutes a malicious act, because the methods through which people could cause harm were extremely narrow. However, since , a new generation of computer users has grown up with the constant presence of PCs and laptops, becoming more digitally literate than anyone before. Although the influx of tech skills is a good sign, it also means that there are more hackers than ever before, and an infinite number of new ways to commit cyber crime.

This has forced legislators to reshape the act to adapt to new cyber threats. Updates added definitions for the cyber attack methods that criminals could deploy, as well as the fact that preparing to launch an attack would be considered a malicious action. What characteristics and certifications make a successful cyber security leader?

The Act has been consistently updated to address the ever-changing technology landscape and has been shaped to respond to a growing variety of threats. The most significant amendment occurred in when the Act was updated to align with the Serious Crime Act Computer Misuse was added to the list of serious crimes with a maximum penalty for being found guilty increasing to a prison sentence of 14 years and the possibility of a fine.

If a charge included threats to national security or human welfare, a life sentence can be imposed. Known as 3A, this section stipulates that making, supplying or obtaining any articles for use in a malicious act using a computer is classified as criminal activity.

The following are offences under the Computer Misuse Act and cover a range of offences which include hacking, computer fraud, blackmail and viruses. Computer Misuse Act offences can be dealt with at the Magistrates Court or the Crown Court depending on the seriousness and are applied according to the crime and severity of the act.