What penalties can someone face if they are found guilty of offences against the computer misuse act?

Answer 1

The 3 main points are:

1. Unauthorised access to computer material: it is unlawful without proper authority to: use anthoer person's ID and password to access a computer, use data or run a program, alter, delete, copy or move a program or data or simplay to output a program data, lay a trap to obtain a password.
2. Unauthorised access to a computer with intent to commit or facilitate the commission or a further offence: this covers the situation where unauthorised access is gained with intent to commit a further offence, eg a person may gain unauthorised access to computer material to commit theft by re-directing funds from someone else's bank account
3. Unauthoried modification of computer material: this offence includes the deliberate deletion or corruption of programs or data includes the creation of viruses where these results in the modfication or destruction of data.

Answer 2

The first piece of UK legislation designed to specifically address computer misuse was the Computer Misuse Act 1990. The act was a response to growing concern that existing legislation was inadequate for dealing with hackers. The issue was thrown into sharp relief by the failure to convict Stephen Gold and Robert Schifreen who gained unauthorized access to BT's Prestel service in 1984 and were charged under the Forgery and Counterfeiting Act 1981. However, they were acquitted by the Court of Appeal and the acquittal decision was later upheld by the House of Lords.

The Computer Misuse Act 1990, 'an Act to make provision for securing computer material against unauthorised access or modification; and for connected purposes', set out three computer misuse offences.

1. Unauthorised access to computer material

2. Unauthorised access with intent to commit or facilitate commission of further offences

3. Unauthorised modification of computer material

The maximum prison sentences specified by the act for each offence were six months, five years and five years respectively (Amendments to the Computer Misuse Act, introduced in the Police and Justice Act 2006, are discussed below).

Answer 3

The Act defines as a summary offence punishable on conviction with a maximum prison sentence of five years or a fine or both.