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amend
the Computer Misuse Act 1990 to create offences in connection
with |
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denial of service and to make
further provision about proceedings and |
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penalties for an offence under
section 1 of that Act; and for connected |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Amendment
of the Computer Misuse Act 1990 |
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(1) |
The Computer
Misuse Act 1990 (c. 18) is amended as follows. |
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(2) |
In section 1 (unauthorised
access to computer material), for subsection (3), |
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“(3) |
A person guilty of an offence
under this section shall be liable— |
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(a) |
on summary conviction, to
imprisonment for a term not |
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exceeding
six months or to a fine not exceeding the statutory |
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(b) |
on conviction on indictment,
to imprisonment for a term not |
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exceeding
two years or to a fine or both.” |
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(3) |
After section 2, insert— |
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(1) |
A person is guilty of an
offence if, with the requisite intent— |
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(ii) |
which he intends to cause, |
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directly or indirectly,
an impairment of access to any program |
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or
data held in computer A; |
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(b) |
the act is unauthorised;
and |
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(c) |
he knows at the time when
he does the act that he is doing so. |
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(2) |
For the purposes of subsection
(1)— |
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(a) |
‘the
act is unauthorised’ if the person doing it— |
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(b) |
(where paragraph (b)(ii)
applies) of computer A |
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(ii) |
does not have the permission
of the owner— |
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(b) |
(where paragraph (b)(ii)
applies) of computer A |
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(b) |
‘the requisite intent’
is intent to damage the performance of an |
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(i) |
for which computer A,
or any program or data held in |
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(ii) |
for which computer B,
or any program or data held in |
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computer
B, is used, where that intended damage |
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results,
or would result, in damage to the performance |
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of
an activity for which computer A, or any program or |
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data
held in computer A, is used. |
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(3) |
An offence is not committed
under this section unless every act or other |
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event
proof of which is required for conviction of the offence takes
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place
after the Computer Misuse Act 1990 (Amendment) Act 2005 |
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(4) |
A person guilty of an offence
under this section shall be liable— |
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(a) |
on summary conviction, to
imprisonment for a term not |
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exceeding
six months or to a fine not exceeding the statutory |
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(b) |
on conviction on indictment,
to imprisonment for a term not |
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exceeding
two years or to a fine or both. |
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(5) |
This section does not extend
to Scotland. |
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2B |
Denial
of service with intent to commit or facilitate commission of |
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(1) |
A person is guilty of an
offence if, with the requisite intent— |
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(ii) |
which he intends to cause, |
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directly or indirectly,
an impairment of access to any program |
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or
data held in computer A; |
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(b) |
the act is unauthorised;
and |
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(c) |
he knows at the time when
he does the act that he is doing so. |
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(2) |
For the purposes of subsection
(1)— |
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(a) |
‘the act is unauthorised’
if the person doing it— |
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(b) |
(where paragraph (b)(i)(b)
applies) of computer |
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(ii) |
does not have the permission
of the owner— |
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(b) |
(where
paragraph (b)(i)(b) applies) of computer |
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(b) |
‘the requisite intent’
is— |
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(i) |
intent to damage the performance
of an activity— |
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(a) |
for which computer
A, or any program or data |
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held
in computer A, is used; or |
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(b) |
for which computer
B, or any program or data |
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held
in computer B, is used, where that intended |
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damage
results, or would result, in damage to |
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the
performance of an activity for which |
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computer
A, or any program or data held in |
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(ii) |
together with intent— |
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(a) |
to commit an offence
to which this section |
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(b) |
to facilitate the
commission of such an offence |
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(whether
by himself or by any other person), |
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and the offence he intends
to commit or facilitate is |
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referred
to below in this section as the further offence. |
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(3) |
This section applies to
offences— |
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(a) |
for which the sentence is
fixed by law; or |
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(b) |
for which a person who has
attained the age of eighteen years |
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and
has no previous convictions may (subject to subsection (4)) |
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be
sentenced to imprisonment for a term of five years. |
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(4) |
The reference in subsection
(3)(b) to a sentence of imprisonment for a |
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term
of five years applies— |
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(a) |
in England and Wales, to
offences for which a person might be |
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so
sentenced but for the restrictions imposed by section 33 of the
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Magistrates’
Courts Act 1980; and |
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(b) |
in Northern Ireland, to
offences for which a person might be so |
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sentenced
but for the restrictions imposed by Article 46(4) of the |
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Magistrates’
Courts (Northern Ireland) Order 1981. |
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(5) |
It is immaterial for the
purposes of this section whether the further |
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offence
is to be committed on the same occasion as the denial of service
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offence
or on any future occasion. |
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(6) |
A person may be guilty
of an offence under this section even though the |
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facts
are such that the commission of the further offence is impossible. |
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(7) |
An offence is not committed
under this section unless every act or other |
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event
proof of which is required for conviction of the offence takes
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place
after the Computer Misuse Act 1990 (Amendment) Act 2005 |
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40 |
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(8) |
A person guilty of an offence
under this section shall be liable— |
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(a) |
on summary conviction, to
imprisonment for a term not |
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exceeding
six months or to a fine not exceeding the statutory |
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(b) |
on conviction on indictment,
to imprisonment for a term not |
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exceeding
five years or to a fine or both. |
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(9) |
This section does not extend
to Scotland.” |
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(4) |
In
section 4 (territorial scope of offences under this Act)— |
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(a) |
in subsection (1), for the
words “section 1 or 3”, substitute the words |
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(i) |
for the words “section
1”, substitute the words “section 1 or 2A”;
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5 |
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(ii) |
for the words “section
2”, substitute the words “section 2 or 2B”;
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(i) |
for the words “section
1”, substitute the words “section 1 or 2A”;
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(ii) |
for the words “section
2” on each occasion where they appear, |
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substitute the words “section
2 or 2B”. |
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(5) |
In section 5 (significant
links with domestic jurisdiction), in subsection (2), for |
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the words “section
1”, substitute the words “section 1 or 2A”. |
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(6) |
In section 10 (saving for
certain law enforcement powers)— |
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(a) |
for the words “Section
1(1)”, substitute the words “Section 1(1) and |
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(b) |
for the words “section
1(1)”, substitute the words “section 1(1) or |
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(7) |
In section 11 (proceedings
for certain offences), in subsection (2), for the words |
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“section 1 above”,
substitute the words “section 1 or 2A above that is to be
tried |
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(8) |
In section 12 (conviction
of certain offences in proceedings for certain other |
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(a) |
for the word “or”
after paragraph (a) of subsection (1), substitute— |
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“(aa) |
an offence under section
2B above; or”; |
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(b) |
for the words “section
1”, on each occasion where they appear, |
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substitute the words “section
1 or 2A”; |
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(c) |
in subsection (1), at the
end, insert the words “for an offence if it were |
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to be tried summarily”;
and |
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(d) |
subsection (2) shall cease
to have effect. |
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(9) |
In section 14 (search warrants
for offences under section 1)— |
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(a) |
in subsection (1), for the
words “section 1”, substitute the words |
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(b) |
in subsection (4), for the
words “section 1”, substitute the words |
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(10) |
In section 16 (application
to Northern Ireland), in subsection (11), in the |
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subsection that is to be
inserted in section 11 in its application to Northern |
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Ireland, for the words “section
1”, substitute the words “section 1 or 2A”. |
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2 |
Consequential
amendment of the Terrorism Act 2000 |
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(1) |
The Terrorism
Act 2000 (c. 11) is amended as follows. |
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(2) |
In paragraph 19 of Schedule
9 (scheduled offences in Northern Ireland under |
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the Computer Misuse Act 1990),
for the word “and” after paragraph (b), |
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