Computer Misuse Act

Legal and ethical issues in computing are not as straight forward as one expects, these two comprehensive concepts can be divided into many sub-sections such as computer Ethics which is a moral standard used as a guideline for computer users, Code of ethics is a guideline in ICT, intellectual property is the own work that is created by individuals, privacy refers to the rights that individual and companies have and how their data is collected and restricted to outside sources, computer crime is an illegal act that involves computers and finally cyber law which is laws that are related to helping protect the internet and other online communication.

Authentication of an individual to access and use files, systems, and screens is vital to

The first and least criminal is accessing unauthorized access to a computer system; this is often punishable for a 6 months prison sentence. The second level of the act is accessing an unauthorized computer system with the intention to cause damage to files, however not actually doing so due to either failing to or being caught before the damage was done, this is punishable for 5 years in prison. The third and final stage of the act is accessing an unauthorized computer system and successfully causing damage to the system. The way in which Leigh academy referenced this is by stating. "violations of the rights of any person or company protected by copyright, trade secret, patent or other intellectual property, or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Leigh

* Person is liable if he accesses a computer online, without authority, to obtain classified, private, or protected information.

De Villiers, Meiring. 2010. Information Security Standards and Liability. Journal of Internet Law 13.7 Retrieved from

Computer misuse Act has been enacted after some cyber attacks, for instance the hacking attack against British Telecom commited by Robert Schifreen and Stephen Gold, between 1984 and 1985, using conventional devices such as a personal computer, to surfing in the BT network after obtain the user and password of an IT engineer. They had access to the personal mail box of some members of royal family. They were fined respectively with 750 and 600 pounds after being processed. Thus the law in the UK has been revised and for instance,since 2006,crimes such as attempt or achieve unauthorised access to a computer or network to alter information, or to write and circulate a computer virus ,worm and trojan horse are punishable with a maximum of 10 years in prison.

Computer Fraud and Abuse Act prohibits anyone from intentionally damaging a computer without authorization while, prohibits unauthorized users from causing damage recklessly, and from causing damage and loss negligently (Zetter, 2014). However, the defendant has access to the computer without authorization which in this case, Toca’s accusation to Becker is similar. Thus, in this act, intruders are held accountable for any damage they cause intentionally by trespassing on a computer, even if they did not intend to cause that damage.

This act was introduced to deal with problems caused by hacking. It helps organisations deal with hacking by making the following offences: unauthorised access to computer material, unauthorised access with the intent of facilitating or committing a crime, unauthorised modification of computer material, and supplying, making or obtaining anything that can be used computer misuse crimes.

The Computer Fraud & Abuse Act of 1986 provides protection against computer based crimes. The original goal of the act was to provide legal protection for computers and computer systems that were part of the government, associated with a financial institution or involved with foreign trade. Some of the penalties and crimes against this act are Obtaining national security information (10-20 years), trespassing in a government computer (1-10 years), intentional access and damage (1-10 years), intentional access and reckless damage (5-10 years), trafficking in passwords (1-10 years) and extortion involving threats to damage

Technology has today become a part of our daily lives – the introduction of things like mobile phones, computers, and the internet have revolutionised the way we go about even the simplest tasks. However, this does not mean that there are not downfalls to this incredible growth. As time develops and technology with it, so do opportunities for new and unforeseen crimes (Hunton, 2009, pp. 529). This submission will examine both the flaws in current legislation with regards to one of these newly developing crimes, as well as giving particular recommendations to solve the problems outlined.

The implementation between England and Scotland, is in England the summary conviction for the sentencing; in which the crimes are been committed under in three Sections 1, 2 and 3 as well as in Section 3A of the Computer Misuse Act the person will be sentenced to custody for only a term not beyond 12 months or a fine not exceeding the statutory maximum. However, in Scotland the crime which is been committed under this Sections of the Computer Misuse Act in which the person will only be in custody with no more than six months or a fine not above the statutory maximum.

Cyber Law was the first step taken by the government against the cyber-crime. According to this law if any one tries to destroy, alters or delete any data or damage it without any permission of the owner of the computer, shall be punishable offense. Similarly if any corporate body is maintaining or protecting data of the person or company and if any negligent act or failure found in protecting the data shall be liable to pay

This policy complies with the Computer Misuse Act (1990) which was an act made to secure computer systems and networks from unapproved access. By complying with legal obligation, Blyth’s Books can pursue legal or disciplinary action against anyone (employee or otherwise) guilty of breaching their systems.

The actus reus of cyber crimes are crime very dynamic and varied. The word connotes a ‘deed’, a physical result of human conduct. The actus reus includes all the elements in the definition of the crime except the mental element of the accused. It is merely an act but may consist of a state of affairs not including an act at all. Actus reus is defined as “such result of human conduct as the law seeks to prevent”.

-The technical definition of computer crimes is an act performed by a knowledgeable computer user, sometimes referred to as a hacker that illegally browse or steals a company 's or individual 's private information, but in general terms, it is the unauthorized use of a computer for personal gain, as in the illegal transfer of funds or to alter the data or property of others (Computer Crime, 2016). There are four major categories of computer crimes, first we will discuss using the computer as a target. When using the computer as a target, they must do two things: intrusion meaning to gain access to the computer and deny the owner of the computer access to the service and data. Intrusion is when the individual alters the data. To use the computer as a target, the hacker must alter the password and/or login and by doing this he is denying the owner access to the data. If a hacker makes a copy of data they are denying the owner rights to privacy of his or her data. The hacker will use that information to intrude upon another computer. One popular method that can be used to deny service is to