|
| |
|
| |
| |
| |
| |
amend the Computer Misuse Act 1990 to create offences in connection with |
| |
denial of service and to make further provision about proceedings and |
| |
penalties for an offence under section 1 of that Act; and for connected |
| |
| |
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
| |
consent of the Lords Spiritual and Temporal, and Commons, in this present |
| |
Parliament assembled, and by the authority of the same, as follows:— |
| |
1 | Amendment of the Computer Misuse Act 1990 |
| |
(1) | The Computer Misuse Act 1990 (c. 18) is amended as follows. |
| |
(2) | In section 1 (unauthorised access to computer material), for subsection (3), |
| |
| |
“(3) | A person guilty of an offence under this section shall be liable— |
| 5 |
(a) | on summary conviction, to imprisonment for a term not |
| |
exceeding six months or to a fine not exceeding the statutory |
| |
| |
(b) | on conviction on indictment, to imprisonment for a term not |
| |
exceeding two years or to a fine or both.” |
| 10 |
(3) | After section 2, insert— |
| |
| |
(1) | A person is guilty of an offence if, with the requisite intent— |
| |
| |
| 15 |
(ii) | which he intends to cause, |
| |
| directly or indirectly, an impairment of access to any program |
| |
or data held in computer A; |
| |
(b) | the act is unauthorised; and |
| |
(c) | he knows at the time when he does the act that he is doing so. |
| 20 |
(2) | For the purposes of subsection (1)— |
| |
|
| |
| |
|
| |
|
(a) | ‘the act is unauthorised’ if the person doing it— |
| |
| |
| |
(b) | (where paragraph (b)(ii) applies) of computer A |
| |
| 5 |
(ii) | does not have the permission of the owner— |
| |
| |
(b) | (where paragraph (b)(ii) applies) of computer A |
| |
| |
(b) | ‘the requisite intent’ is intent to damage the performance of an |
| 10 |
| |
(i) | for which computer A, or any program or data held in |
| |
| |
(ii) | for which computer B, or any program or data held in |
| |
computer B, is used, where that intended damage |
| 15 |
results, or would result, in damage to the performance |
| |
of an activity for which computer A, or any program or |
| |
data held in computer A, is used. |
| |
(3) | An offence is not committed under this section unless every act or other |
| |
event proof of which is required for conviction of the offence takes |
| 20 |
place after the Computer Misuse Act 1990 (Amendment) Act 2005 |
| |
| |
(4) | A person guilty of an offence under this section shall be liable— |
| |
(a) | on summary conviction, to imprisonment for a term not |
| |
exceeding six months or to a fine not exceeding the statutory |
| 25 |
| |
(b) | on conviction on indictment, to imprisonment for a term not |
| |
exceeding two years or to a fine or both. |
| |
(5) | This section does not extend to Scotland. |
| |
2B | Denial of service with intent to commit or facilitate commission of |
| 30 |
| |
(1) | A person is guilty of an offence if, with the requisite intent— |
| |
| |
| |
(ii) | which he intends to cause, |
| 35 |
| directly or indirectly, an impairment of access to any program |
| |
or data held in computer A; |
| |
(b) | the act is unauthorised; and |
| |
(c) | he knows at the time when he does the act that he is doing so. |
| |
(2) | For the purposes of subsection (1)— |
| 40 |
(a) | ‘the act is unauthorised’ if the person doing it— |
| |
| |
| |
(b) | (where paragraph (b)(i)(b) applies) of computer |
| |
| 45 |
(ii) | does not have the permission of the owner— |
| |
| |
|
| |
|
| |
|
(b) | (where paragraph (b)(i)(b) applies) of computer |
| |
| |
(b) | ‘the requisite intent’ is— |
| |
(i) | intent to damage the performance of an activity— |
| |
(a) | for which computer A, or any program or data |
| 5 |
held in computer A, is used; or |
| |
(b) | for which computer B, or any program or data |
| |
held in computer B, is used, where that intended |
| |
damage results, or would result, in damage to |
| |
the performance of an activity for which |
| 10 |
computer A, or any program or data held in |
| |
| |
(ii) | together with intent— |
| |
(a) | to commit an offence to which this section |
| |
| 15 |
(b) | to facilitate the commission of such an offence |
| |
(whether by himself or by any other person), |
| |
| and the offence he intends to commit or facilitate is |
| |
referred to below in this section as the further offence. |
| |
(3) | This section applies to offences— |
| 20 |
(a) | for which the sentence is fixed by law; or |
| |
(b) | for which a person who has attained the age of eighteen years |
| |
and has no previous convictions may (subject to subsection (4)) |
| |
be sentenced to imprisonment for a term of five years. |
| |
(4) | The reference in subsection (3)(b) to a sentence of imprisonment for a |
| 25 |
term of five years applies— |
| |
(a) | in England and Wales, to offences for which a person might be |
| |
so sentenced but for the restrictions imposed by section 33 of the |
| |
Magistrates’ Courts Act 1980; and |
| |
(b) | in Northern Ireland, to offences for which a person might be so |
| 30 |
sentenced but for the restrictions imposed by Article 46(4) of the |
| |
Magistrates’ Courts (Northern Ireland) Order 1981. |
| |
(5) | It is immaterial for the purposes of this section whether the further |
| |
offence is to be committed on the same occasion as the denial of service |
| |
offence or on any future occasion. |
| 35 |
(6) | A person may be guilty of an offence under this section even though the |
| |
facts are such that the commission of the further offence is impossible. |
| |
(7) | An offence is not committed under this section unless every act or other |
| |
event proof of which is required for conviction of the offence takes |
| |
place after the Computer Misuse Act 1990 (Amendment) Act 2005 |
| 40 |
| |
(8) | A person guilty of an offence under this section shall be liable— |
| |
(a) | on summary conviction, to imprisonment for a term not |
| |
exceeding six months or to a fine not exceeding the statutory |
| |
| 45 |
(b) | on conviction on indictment, to imprisonment for a term not |
| |
exceeding five years or to a fine or both. |
| |
(9) | This section does not extend to Scotland.” |
| |
|
| |
|
| |
|
(4) | In section 4 (territorial scope of offences under this Act)— |
| |
(a) | in subsection (1), for the words “section 1 or 3”, substitute the words |
| |
| |
| |
(i) | for the words “section 1”, substitute the words “section 1 or 2A”; |
| 5 |
| |
(ii) | for the words “section 2”, substitute the words “section 2 or 2B”; |
| |
| |
| |
(i) | for the words “section 1”, substitute the words “section 1 or 2A”; |
| 10 |
| |
(ii) | for the words “section 2” on each occasion where they appear, |
| |
substitute the words “section 2 or 2B”. |
| |
(5) | In section 5 (significant links with domestic jurisdiction), in subsection (2), for |
| |
the words “section 1”, substitute the words “section 1 or 2A”. |
| 15 |
(6) | In section 10 (saving for certain law enforcement powers)— |
| |
(a) | for the words “Section 1(1)”, substitute the words “Section 1(1) and |
| |
| |
(b) | for the words “section 1(1)”, substitute the words “section 1(1) or |
| |
| 20 |
(7) | In section 11 (proceedings for certain offences), in subsection (2), for the words |
| |
“section 1 above”, substitute the words “section 1 or 2A above that is to be tried |
| |
| |
(8) | In section 12 (conviction of certain offences in proceedings for certain other |
| |
| 25 |
(a) | for the word “or” after paragraph (a) of subsection (1), substitute— |
| |
“(aa) | an offence under section 2B above; or”; |
| |
(b) | for the words “section 1”, on each occasion where they appear, |
| |
substitute the words “section 1 or 2A”; |
| |
(c) | in subsection (1), at the end, insert the words “for an offence if it were |
| 30 |
to be tried summarily”; and |
| |
(d) | subsection (2) shall cease to have effect. |
| |
(9) | In section 14 (search warrants for offences under section 1)— |
| |
(a) | in subsection (1), for the words “section 1”, substitute the words |
| |
| 35 |
(b) | in subsection (4), for the words “section 1”, substitute the words |
| |
| |
(10) | In section 16 (application to Northern Ireland), in subsection (11), in the |
| |
subsection that is to be inserted in section 11 in its application to Northern |
| |
Ireland, for the words “section 1”, substitute the words “section 1 or 2A”. |
| 40 |
2 | Consequential amendment of the Terrorism Act 2000 |
| |
(1) | The Terrorism Act 2000 (c. 11) is amended as follows. |
| |
(2) | In paragraph 19 of Schedule 9 (scheduled offences in Northern Ireland under |
| |
the Computer Misuse Act 1990), for the word “and” after paragraph (b), |
| |
|
| |
|
|
Computer Misuse Act 1990 (Amendment) Bill |
| |
|
| |
| |
To amend the Computer Misuse Act 1990 to create offences in connection with |
| |
denial of service and to make further provision about proceedings and |
| |
penalties for an offence under section 1 of that Act; and for connected |
| |
| |
| | | | | | | | | | | | | Ordered, by The House of Commons, |
| | | | to be printed, 5th April 2005. |
| | |
|
|
© Parliamentary copyright House of Commons 2005
|
| |
Applications for reproduction should be made in writing to the Copyright Unit,
|
| |
Her Majesty’s Stationery Office, St. Clements House, 2-16 Colegate, Norwich, NR3 1BQ
|
| |
| |
PUBLISHED BY AUTHORITY OF THE House of Commons
|
| |
LONDON — THE STATIONERY OFFICE LIMITED
|
| |
Printed in the United Kingdom by
|
| |
The Stationery Office Limited
|
| |
| |
| |
| |
|