Understanding Crime and Computer Misuse Act 1990

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Questions and Answers

Which of the following is NOT considered as damage to human welfare?

Human illness or injury

Loss to human life

Increase in population density (correct)

Disruption of a supply of food

What is the maximum possible punishment for someone convicted under section 3ZA for serious damage to human welfare?

A fine only

Life imprisonment (correct)

Up to 14 years of imprisonment

Community service

Which of the following represents a target for potential attacks mentioned in the document?

Cultural heritage sites

Community sports centers

Emergency services (correct)

Educational institutions

For an offence to be committed under section 1 or 3, what is required regarding the accused's location?

There must be at least one significant link with domestic jurisdiction Signup and view all the answers

What condition leads to a person being liable for life imprisonment under section 3ZA?

Creating serious damage to human welfare or national security Signup and view all the answers

What are the two essential components typically required to establish a crime?

Actus Reus and Mens Rea Signup and view all the answers

What does the term 'recklessness' in the context of the Computer Misuse Act refer to?

A failure to consider obvious risks Signup and view all the answers

Which of the following actions would be classified under the first offence of the Computer Misuse Act 1990?

Accessing someone's computer without permission Signup and view all the answers

In cases where the accused's recklessness is being assessed, the current view emphasizes which aspect?

The defendant's subjective circumstances Signup and view all the answers

Under the Computer Misuse Act 1990, how is the necessary Mens Rea generally evaluated?

Subjectively or Objectively Signup and view all the answers

What was a significant problem with defining offences before the creation of the Computer Misuse Act?

Existing laws did not account for specific actions like hacking Signup and view all the answers

What must be proven regarding a crime as a standard of proof in criminal cases?

Beyond reasonable doubt Signup and view all the answers

Which of the following best describes the principle of Mens Rea?

The intent behind the action in committing a crime Signup and view all the answers

What constitutes an unauthorised act under section 3?

Performing any action on a computer with known unauthorised status Signup and view all the answers

Which of the following is true regarding the definition of a computer in legal terms?

It includes devices that process information Signup and view all the answers

What is required for a person to be guilty under section 1?

Knowledge that access is unauthorised Signup and view all the answers

Under section 2, which of the following is NOT a condition for liability?

The access to data needs to be on the same occasion Signup and view all the answers

What does section 3 require for a person to be guilty of unauthorized acts?

They must intentionally impair computer function Signup and view all the answers

Which element is NOT necessary for guilt regarding unauthorised access under section 1?

The access must be intended for a specific data type Signup and view all the answers

How is intent defined under section 2?

Intent can include any type of offence, even if impossible Signup and view all the answers

Which of the following describes a situation covered by section 3 in relation to computer operations?

Deliberate disruption of service knowing it's unauthorised Signup and view all the answers

Under which circumstance can a person be guilty for obtaining an article related to a computer offence?

If they obtain it to assist in committing an offence Signup and view all the answers

What constitutes an 'act' under the definitions provided?

A series of actions that can potentially disrupt data Signup and view all the answers

To be guilty of causing serious damage, what must a person know at the time of the act?

That the act is unauthorized Signup and view all the answers

Which of the following best describes 'recklessness' in the context of computer offences?

Executing an act without any consideration of its effects Signup and view all the answers

What is included in the definition of an 'article' according to the laws discussed?

Data and programs held in electronic form Signup and view all the answers

Which of the following actions could potentially be considered 'serious damage'?

Deleting critical data from a corporate server Signup and view all the answers

What should be considered when determining if an article was primarily developed for committing a CMA offence?

If it was circulated among security professionals Signup and view all the answers

Which of the following reflects a valid limitation regarding intent in computer offences?

Intent may not relate to any particular computer or software Signup and view all the answers

What is a significant link with domestic jurisdiction for an offence under section 1?

The accused was in the home country at the time of the act. Signup and view all the answers

Under what condition can a warrant be issued by a judge?

If the judge is satisfied that evidence is present on the premises. Signup and view all the answers

Which statement about the authority of a warrant is correct?

A warrant lets a constable search using reasonable force. Signup and view all the answers

What types of materials are restricted from being searched under a warrant?

Special procedure material. Signup and view all the answers

What does the term 'premises' include in the context of a search warrant?

Buildings, land, vehicles, and structures. Signup and view all the answers

What function do cyber kiosks serve in law enforcement?

They can access private data without any consent. Signup and view all the answers

What factor does not contribute to reasonable grounds for issuing a warrant?

A history of minor traffic violations. Signup and view all the answers

Which of the following represents a significant link for an offence under section 3?

The unauthorised act occurred in the home country. Signup and view all the answers

Study Notes

Basics of a Crime

To establish a crime, typically require actus reus and mens rea.
Actus Reus: Physical action; action must always exist.
Mens Rea: Guilty intention or a level of thought; often viewed from a subjective or objective perspective; ultimately decided by a judge or jury.

Instigation of the Computer Misuse Act 1990

R v. Gold and Schifreen: Culprits obtained BT Prestel login details by shoulder surfing an engineer at a conference. Could access Prince Philip's Prestel account.
No existing offences like theft, fraud, or blackmail covered the situation.
Solution was the creation of the Computer Misuse Act 1990.

The Computer Misuse Act 1990 (Recklessness or Intent)

Section 3 uses the term "recklessness" for mens rea.
All other sections require intent
Recklessness - Rv. Caldwell: A reasonable man would have realised what would happen, therefore the accused should have and would be guilty.
This view on recklessness considered unfair by the courts in R v. G.

Criminal Standard of Proof

Beyond a reasonable doubt.

CMA 1990 Offences

Unauthorised access to computer material (Hacking)
Unauthorised access with intent to commit or facilitate further offenses.
Unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer, etc.
Making, supplying or obtaining articles for use in offense under section 1 or 3
Unauthorised acts causing, or creating risk of, serious damage

What is a Computer?

The CMA deliberately does not define a "computer" to allow for technological development.
Defined by Lord Hoffman in DPP v McKeown and, DPP v Jones: "a device for storing, processing and retrieving information.”
Examples: TV, Baby monitor, Key fob, Smart loo, Fridge, Cash register, Vehicle, Watch.

Section 1

Unauthorised access to computer material
Requires: (a) causing a computer to perform a function with intent to access program or data, (b) unauthorised access intended, and (c) knowing at the time that the access is unauthorised.

Section 2

Unauthorised access with intent to commit or facilitate commission of further offences.
Applies to offenses that have a sentence defined by law.
Applies if further offense is to be committed on the same occasion or a future occasion.
Can be found guilty even if the further offense is impossible to commit.

Section 3

Unauthorised acts with intent to impair, or with recklessness as to impairing, operation of computer, etc.
Requires: (a) unauthorised act in relation to a computer, (b) knowing at the time that it is unauthorised, and (c) either intent or recklessness for impairment.

Section 3A

Making, supplying or obtaining articles for use in offense under section 1 or 3.
Requires: (a) intending an article to be used to commit or assist in commission of a section 1 or 3 offence, (b) believing an article is likely to be used for such an offence, or (c) obtaining an article for use to commit or assist in the commission of a section 1 or 3 offence.

Crown Prosecution Guidance 2018

Consider whether the article:
- Was circulated to a vetted list of IT security professionals
- Was primarily, deliberately, and solely developed for a CMA offense
- Is commercially available through legitimate channels
- Is widely used for legitimate purposes
- Was used in a context different from its intended purpose

Section 3ZA

Unauthorised acts causing, or creating a risk of, serious damage
Requirements: (a) unauthorised act in relation to a computer, (b) knowing at the time that it is unauthorised, (c) the act causes or creates a significant risk of serious damage, and (d) the act intends or is reckless as to whether it causes serious damage.
Material kind of damage includes: damage to human welfare, environment, economy, or national security.

Targets of Section 3ZA Attacks

Chemicals - Government - Civil Nuclear - Health - Communications - Space - Defence - Transport - Emergency Services - Water - Energy - Food

Penalties under Section 3ZA

Maximum 14 years imprisonment or a fine for causing or creating a risk of serious damage.
Life imprisonment, or a fine, or both for causing or creating risk of serious damage to human welfare or national security.

Section 4

Territorial Scope of the CMA 1990
It is immaterial whether an act or event occurred in the home country or if the accused was present in the home country at the time.
At least one significant link with domestic jurisdiction must exist for an offence to be committed under section 1 or 3.
No link necessary for offences under section 2.

Significant Link Defined

Section 1: (a) accused in the home country at the time of the act, or (b) the affected computer is in the home country.
Section 3: (a) accused in the home country at the time of the act, or (b) the unauthorised act was performed in relation to a computer in the home country.

Warrants

A circuit judge or magistrate can issue a warrant if reasonable grounds exist for believing:
- An offence under section 1 has been or is about to be committed, and
- Evidence is in those premises.
Warrant authorises a constable to enter and search.
Warrant in force for three months.

Circuit Judge

Can issue a warrant if reasonable grounds exist for believing that:
- A serious arrestable offence has been committed, or
- There is special procedure material on premises, or
- The material is likely to be of substantial value.

Premises

Includes land, buildings, movable structures, vehicles, vessels, aircraft and hovercraft.

Cyber Kiosks

No warrant required
Devices handed over to police plugged into kiosks to search for evidence held on the phone and in cloud storage systems.

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Description

This quiz explores the fundamental components of crime, focusing on the concepts of actus reus and mens rea. It delves into the creation and implications of the Computer Misuse Act 1990, highlighting landmark cases and interpretations of recklessness versus intent in the legal context.