1990 Computer Misuse Act example essay topic

The computer misuse Act was introduced in September 1990 following much debate and controversy. Before this time the misuse of computers for activities such as hacking was legal and hard to control. Computer security was poor and it was relatively easy for a skilled hacker to break into a computer system. However as more important and sensitive information was being stored in computer databases, e.g. government defence files, the problem of hacking and computer misuse became much more serious and threatened the security of the nation.

With the current legislations unable to cope with the problem of hacking (proved by the number of failed prosecutions), a new law was urgently required to meet the threat of computer hacking and misuse. As a result in September 1990 the Computer Misuse Act was introduced. From the 1st of September 1990 three new offences were created under the new act. These were the unauthorised access to computer material, the unauthorised access with intent to commit further offences and the unauthorised modification of computer material. Basically speaking the act was split into three sections. Section one dealt with the offence of hacking without the intent to commit serious crime e.g. fraud.

This is regarded as a relatively minor offence and can be dealt with in a Magistrate's court with a maximum sentence of six months or more commonly a lb 2000 fine. Section two on the other hand deals with the unauthorised access to computer systems with the intention to commit serious crime. This regarded as a much more serious crime and is triable at a Crown court and carries a maximum penalty of five years in prison or an unlimited fine. Section three covers the unauthorised modification of computerized information and includes the use of viruses, Trojans ect. This carries the same punishment and is regarded as serious as a section two offence. Therefore the computer misuse act has provided the authorities with a valuable basis to prosecute and sentence those using computer for criminal activities.

As a result the Computer Misuse Act has provided a strong deterrent to hackers and helped keep the numbers of cases of computer crime such as blackmail, fraud and malicious hacking to a minimum. However there are still many implications and problems with the act, which has by no means totally solved the problem of computer misuse. Many have argued that sentences have been extremely light compared to the losses sustained from the damage created by the hacker. For example in one case, a hackers action cost one company lb 36000 in lost business while the hacker was just fined lb 1650 by the court. The main reason for this is that many Juries see hackers as mavericks that just want to beat the system. Judges and barristers also lack specialist knowledge of computers and rarely apply the law as it was intended.

Another problem is that the police have great difficulty in enforcing the law, as evidence is hard to collect as many files can be erased without trace. As a result the police often have to rely on local expertise and advice on how to catch and trace hackers. The computer misuse act is also devalued as many companies are often reluctant to report cases of hacking due to the bad publicity it may bring to the company. Many also argue that the computer misuse act is a breach of human rights by restricting computer users access and performing certain tasks. Although there are many problems with the act, the 1990 Computer Misuse Act as provided a vital deterrent and has overall reduced the use of computers for criminal activities.