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Computer Misuse Act
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Computer Misuse Act 1990 - computer misuse offences
The provisions of this Act are broad and are aimed
at combating various forms of deliberate misuse of computer systems
(including so-called hacking) which has given rise to public concern.
Penalties include fines and custodial sentences for unauthorised
access.
The Act contains three main offences which are
categorised under the following Sections:
Section 1
1(1) A person is guilty of an offence if
a) he causes a computer to perform any function with intent to secure
access to any program or data held in a computer,
b) the access he intends to secure is unauthorised,
or
c) lie knows at the time when he causes the computer to perform
the function that this is the case.
1(2) The intent a person has to commit an offence
under this section need not be directed at
a) any particular program or data,
b) a program or data of any particular kind,
or
c) a program or data held in any particular computer.
1(3) A person guilty of an offence under this section
shall be liable on summary conviction to imprisonment for a term
not exceeding six months or to a fine not exceeding level 5 on the
standard scale or both.
Section 2
2(1) A person is guilty of an offence under this
section if he commits an offence under section 1 above ("the
unauthorised access offence") with intent
a) to commit an offence to which this section applies
or
b) to facilitate the commission of such an offence
(whether by himself or by any other person)
and the offence he intends to commit or facilitate
is referred to below in this section as the further offence.
2(2) This section applies to offences
a) for which the sentence is fixed by law
or
b) for which a person of twenty one years of age
or over (not previously convicted) may be sentenced to imprisonment
for a term of five years (or in England and Wales might be so sentenced
but for the restrictions imposed by section 33 of the Magistrates
Courts Act 1980).
2(5) A person guilty of an offence under this section
shall be liable
a) on summary conviction, to imprisonment for a
term not exceeding six months or to a fine not exceeding the statutory
maximum or both
and
b) on conviction on indictment, to imprisonment
for a term not exceeding five years, or to a fine, or both.
Section 3
3(1) A person is guilty of an offence if
a) he does any act which causes the unauthorised
modification of the contents of any computer
and
b) at the time when he does the act he has the
requisite intent and the requisite knowledge.
3(2) For the purposes of subsection 3(1)b above
the requisite intent is an intent to cause a modification of the
contents of any computer and by so doing
a) to impair the operation of any computer
b) to prevent or hinder access to any program or
data held in any computer
or
c) to impair the operation of any such program
or the reliability of any such data.
3(3) 'The intent need not be directed at
a) any particular computer
b) any particular program or data or a program
or data of any particular kind
or
c) any particular modification or a modification
of any particular kind.
3(4) For the purpose of subsection 1b above, the
requisite knowledge is knowledge that any modification he intends
to cause is unauthorised.
3(5) It is immaterial for the purposes of this
section whether an unauthorised modification or any intended effect
of it of a kind mentioned in subsection (2) above is, or is intended
to be, permanent or merely temporary.
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