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Computing, Society and the Law

The Computer Misuse Act 1990 and computer crime

  • 3 things to know
  • AS Unit 1

Overview

Second offence created by the Act, third offence created by the Act and why prosecuting computer crime across borders is difficult.

What you need to know

Answer each one before you reveal it.

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Key term

State the first offence created by the Computer Misuse Act 1990.

Key term

State the third offence created by the Computer Misuse Act 1990

Key term

Give the maximum prison sentences for the three original offences of the Computer Misuse Act 1990

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Why was the Computer Misuse Act 1990 needed?

    Model answer

    Existing offences such as theft and criminal damage did not fit someone who merely read or altered data without taking a physical object, so gaining access to a system without permission was not clearly a crime.

  2. 2

    State the first offence created by the Computer Misuse Act 1990.

    Model answer

    Unauthorised access to computer material, committed by causing a computer to perform a function with intent to secure access the person knows they are not entitled to.

  3. 3

    State the second offence created by the Act.

    Model answer

    Unauthorised access with intent to commit or facilitate a further offence, such as breaking into a system in order to commit fraud or blackmail.

  4. 4

    State the third offence created by the Act.

    Model answer

    Unauthorised acts intended to impair, or being reckless as to impairing, the operation of a computer, access to data or the reliability of data.

  5. 5

    Give the maximum prison sentences attached to those three offences.

    Model answer

    Two years for unauthorised access, five years for unauthorised access with intent to commit a further offence, and ten years for unauthorised acts impairing a computer.

  6. 6

    Does damage have to be done for the basic offence to be committed?

    Model answer

    No, simply gaining access knowing that no permission has been given is enough, even where nothing is read, copied, changed or harmed.

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