Computer Misuse Act
description
Transcript of Computer Misuse Act
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Anti-hacking legislation
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To identify and understand the offences covered by the computer misuse act.
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A quality set of notes covering the computer misuse act.
A poster for this classroom, aimed at an audience of students in your school.
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Introduced as a result of concerns about people misusing the data and programs held on a computer.
Other laws tried instead Examples.
Cox v Riley 1986 (Criminal Damage Act 1971) R. v Gold and Another (Forgery and Counterfeiting
Act 1981)
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The case of R. v Gold and Schifreen was highly publicised
Gained unauthorized access to British Telecom's Interactive viewdata service
Lead to Law Commission produced report Report No.186, Computer Misuse
This became the Computer Misuse Act 1990
http://bit.ly/kBSHIi
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Original bill specifically aimed at hackers Many amendments during passage through
parliament Eventual legislation very broad based, lost
much of the original intent
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The Act specifies 3 offences
In summary these are:- ◦ Unauthorised Access◦ Unauthorised access with intent to commit
another offence◦ Unauthorised modification of data
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Unauthorised Access is called a summary offence and penalties are limited to:
◦ 6 months imprisonmentand/or
◦ a maximum fine of £5000
You are committing an offence if you try to access any program or data held in any computer without permission and you know at the time that this is the case.
E.G. A student gaining access to a fellow students area, or breaking in to the college administrative system, is breaking this category of act.
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The other two offences
◦ Unauthorised access with intent…
Covers offenders who carry out unauthorised access with a more serious criminal intent
◦ Unauthorised modification … Concerns the alteration of data or programs within a
computer system
Are more serious and carry jail terms of up to 5 years and unlimited fines
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Scenario 1
A student hacks into a college database to impress his friends unauthorised access
Later he decide to go in again, to alter his grades, but cannot find the correct file – unauthorised access with intent
A week later he succeeds and alters his grades – unauthorised modification of data
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Scenario 2
An employee who is about to made redundant finds the Managing Director’s password; logs into the computer system using this and looks at some confidential files-
unauthorised access
Having received his redundancy notice he goes back in to try and cause some damage but fails to do so –
unauthorised access with intent
After asking a friend, he finds out how to delete files and wipes the main customer database –
unauthorised modification of data
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Prosecution are rare and punishments small
◦ Examples
Defendant causes firm to lose £36,000 - Fined £1,650; conditional discharge
Defendant destroys £30,000 worth of data - Fined £3000; 140 hours community service
12/14
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Very complex Offences difficult to prove Evidence difficult to collect - firms do not co-operate
with police Firms embarrassed by hacking - particularly banks Employees often simply sacked/demoted Police lack expertise; time; money Offence perceived as ‘soft crime’ no one injured/hurt
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This case in 1991 caused great concern and it was suggested that further prosecutions under the act would be unlikely to succeed◦ Defendant (and others) hacked into a variety of
systems and caused damage◦ Defence stated that defendant ‘addicted to
computers’ so could not help hacking◦ Not guilty verdict returned by jury
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Hacking has increased both at hobby and professional levels
A few high profile cases Offenders often in other countries with no
equivalent legislation Some ‘international task forces’ set up but
no real progress Current estimated costs of hacking - £5
billion per year world-wide
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Page 247 Mott and Leeming
Look at the cases described 1a – 1e, explain which category of the Computer Misuse Act has been broken.
16/14
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Create a poster for this classroom, aimed at an audience of students in your school.
Purpose – inform, educate Your poster should make clear to them
which of the activities a student might carry out are illegal under the Computer Misuse Act.