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Individual, Social and Legal Considerations

The Computer Misuse Act 1990

  • 3 things to know
  • A2 Unit 1

Overview

Why existing law could not reach unauthorised access, the offences of access, access with intent and impairing operation, the offences added later for supplying hacking tools and for causing serious damage, and the maximum penalties.

What you need to know

Answer each one before you reveal it.

Your recallNot started
Key term

State the maximum penalties for the three main offences.

Numbers

What offence covers the making and supplying of hacking tools?

Numbers

What offence covers an attack causing serious damage?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Why was the Computer Misuse Act 1990 needed?

    Model answer

    Gaining access to a computer system without permission was neither theft nor criminal damage, so the existing law could not reach people who broke into systems and the Computer Misuse Act 1990 created offences to cover it.

  2. 2

    Describe the first offence under the Computer Misuse Act 1990.

    Model answer

    The first offence is causing a computer to perform any function with intent to secure unauthorised access. The person must also know at the time that the access is unauthorised.

  3. 3

    Does any harm have to be done for the first offence to be committed?

    Model answer

    The first offence is complete as soon as unauthorised access is attempted, so nothing has to be copied, altered, damaged or gained for the offence to have been committed.

  4. 4

    Describe the second offence under the Computer Misuse Act 1990.

    Model answer

    The second offence is unauthorised access committed with the intention of carrying out, or helping another person to carry out, a further offence such as fraud, theft or blackmail.

  5. 5

    Why is unauthorised access with further intent treated as a separate offence?

    Model answer

    Access taken as the first step towards a fraud is far more serious than access taken out of curiosity, so the offence with further intent carries a considerably higher maximum penalty.

  6. 6

    Describe the third offence under the Computer Misuse Act 1990.

    Model answer

    The third offence is doing an unauthorised act intending to impair the operation of a computer. Preventing access to data, impairing the reliability of data, or being reckless as to either is also caught.

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