Concluding that the Act has, in most respects, stood the test of time, APIG has recommended that changes be limited to a specific new "denial of service" offence and tougher sentencing for the hacking offence under section 1 of the Act. The report also recommends a number of other initiatives to tackle new forms of computer-related crime such as "phishing" attacks and spyware.
Background
As readers will be aware, the CMA sets out three separate offences: unauthorised access to computer materials (section 1), unauthorised access with intent to commit further offences (section 2) and unauthorised modification of computer material (section 3).
The emergence of new forms of computer crime, in particular Denial of Service attacks, has prompted much speculation over whether there the Act needs an updated "Version 2" to keep pace with today's cybercriminals. APIG's review has also been prompted by a need to ensure that the UK is compliant with new EU rules and international treaty obligations.
A public hearing held in April heard evidence from the Internet industry, the wider business lobby, the Home Office and legal experts. Olswang partner Clive Gringras was among those invited to give evidence. Detailed written submissions were also presented to the hearing. Having assimilated the evidence, APIG announced its
conclusions in a report on 30 June. The report makes a total of sixteen recommendations, the majority of which relate not to the CMA but to other existing or planned criminal legislation and to other initiatives aimed at tackling Internet crime.
General approach
Underlying APIG's specific conclusions are the following broad themes and assumptions:
Reforms to the Computer Misuse Act Recommendations relating to the CMA are as follows:
Talkback
The guys at <a href="http://www.halflifesource.com">Half-Life Source</a> were talking about this in their technology forum. Laws like cybercrime are mostly international and it should be an international law. This world is way behind the times.