202106251201185888.pptx - Computer misuse and the criminal...

Computer misuse and
the criminal law

Reform of the criminal law
•
There has been much debate in recent years about the extent to
which the criminal law adequately controls the misuse of computers
and about the need for reform. This has happened in the United
States of America, following the model of Florida’s Computer Crimes
Act 1978. This is probably not the best approach
•
Firstly, Acts of Parliament governing areas of high technology rapidly
become out of date as the technology advances, and as Parliamentary
time is limited, it would not be possible to amend the law each time a
change was needed

Contd…
•
Secondly, although computers do possess very special characteristics
in their ability to store, manipulate and transmit data, in many ways
they are just like other pieces of equipment and do not warrant
separate treatment by the law.
•
A computer may be used as a weapon, for example it may be
programmed to cause an explosion at a power plant in circumstances
where the death or serious injury to the employees of the power
company is a natural and probable consequence

Categories of misuse
•
computer fraud
•
unauthorized obtaining of information from a computer, which they
sub-categorized into the following:
•
computer hacking.
•
making unauthorized use of computers for personal benefit
•
unauthorized alteration or destruction of information stored on a
computer
•
denying access to an authorized user
•
the unauthorized removal of information stored on a computer

Computer fraud
The Law Commission defined computer fraud as conduct which
involves the manipulation of a computer, by whatever method, in order
dishonestly to obtain money, property, or some other advantage of
value, or to cause loss

Obtaining unauthorized access to a
computer
Computer hacking
There were two main issues: firstly offences regulating the
penetration of the computing system; and secondly offences which
dealt with the alteration or destruction of data by someone who has
already gained access

Software safety