The Hacking of Computers and the Criminal Law

Hacking of Computers

The hacking of computers is a crime which has occurred much more frequently since the inception of the internet. It is often glamourised in films with individuals portrayed bring down huge companies for the good of the people. In reality it is a serious offence when certain government databases may be hacked or private companies are hacked for the purposes of fraud.

The Computer Misuse Act 1990

The Computer Misuse Act was first introduced in August 1990 following a Law Commission report surrounding computer misuse and pressure being forced on the government from certain large corporations.

One of the main reasons for the pressure to get the act introduced was that the UK was trailing behind many European Union Member States in relation to technological development.

What offences were first introduced by the Computer Misuse Act?

The Computer Misuse Act introduced the following three new offences into UK criminal law:

Unauthorised access to computer material
Unauthorised access with intent to commit a further offence
Unauthorised modification

Unauthorised access to computer material

The basic notion of hacking whereby an individual causes a computer to perform a function when at the time he possesses an intention to access a program or data held in a computer is covered by the offence of unauthorised access to computer material – Section 1 Computer Misuse Act.

Does an individual have to know that his accessing the computer material is unauthorised?

For the offence to occur the access to the computer material has to be unauthorised and the individual gaining access has to be aware that his access is unauthorised. There however, is not a requirement for the intent to be directed at a specific program or file it is simply enough to prove that the access was unauthorised.

What is meant by computer material?

There is no definition of computer material within the Computer Misuse Act as at the time it was felt that this was far too complicated to be achieved by a piece of legislation. Consequently this has enabled the act to apply to new pieces of technology as and when they are developed.

However, the accepted definition of computer being any device for storing and processing information can be found in the Civil Evidence Act 1968.

Unauthorised access with intent to commit a further offence

Section 2 of the Computer Misuse Act covers unauthorised access to computer material with the intent to commit or facilitate the commission of further offences. The basis notion is that someone guilty of an offence under Section 1 of the Computer Misuse Act will have further criminal sanctions imposed on him if this is done with the intention to commit or facilitate the commission of further offences.

What is meant by further offences under Section 2?

Further offences for the meaning of Section 2 are offences which have a sentence fixed by law or where an individual found guilty of that offence would be liable for a term of imprisonment of five years or more.

Examples of a further offence may be the following:

Fraud under the Fraud Act
Forgery or counterfeiting under the Forgery and Counterfeiting Act 1981
Theft under the Theft Act 1968
Criminal damage under the Criminal Damage Act 1971

Unauthorised modification

Section 3 of the Computer Misuse Act imposes criminal liability on an individual whereby he has done one of the following three things:

Caused an unauthorised modification of the contents of the computer
Has the intention to make such a modification
Has the knowledge that what he intends to do is unauthorised

In order for an individual to be guilty of one of the above offences under Section 3 he must also be guilty of one of the other offences contained within either Section 1 or Section 2 of the Computer Misuse Act.

What is meant by modification?

A modification is a change which impairs the operation of a computer or prevents or hinders access to a program or data or the operation of the program or data or affects its reliability. This may also include the removal or erasure of a program or data held in the computer or adding a program or data to the computer – this is to deal specifically with individuals adding a virus to a specific computer or computer system.

If I am found guilty of computer hacking will I be liable for criminal prosecution?

As the offences under the Computer Misuse Act are criminal offences anyone found guilty will be liable for a maximum penalty of six months imprisonment and a £2,000 fine. Furthermore under Section 2 of the Computer Misuse Act an individual will likely be guilty of the intended further offence.

Is there any other legislation which deals with computer hacking?

The Terrorism Act 2000

When the Terrorism Act first came into force it made the threat of or use of computer hacking a potential act of terrorism.

Under the Terrorism Act not all hacking will be considered to be terrorism. Accordingly the use or threat of an action designed seriously to interfere with or seriously to disrupt an electronic system will be a terrorist action only if both of the following conditions are satisfied:

It is designed to influence the government or to intimidate the public or a section of the public
It is made for the purpose of advancing a political, religious or ideological cause

The act does not, however, make for additional penalties for hackers who would be punished under the existing laws of the Computer Misuse Act.


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