Computer Misuse Act 1990 (Amendment) Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Computer Misuse Act 1990 (Amendment) Bill

Computer Misuse Act 1990 (Amendment) Bill
1

A
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
purposes.
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),
substitute—
“(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
maximum or both; and
(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—
“2A
Denial of service
(1)
A person is guilty of an offence if, with the requisite intent—
(a)
he does any act—
(i)
which causes; or
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.
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(2)
For the purposes of subsection (1)—

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Computer Misuse Act 1990 (Amendment) Bill
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(a)
‘the act is unauthorised’ if the person doing it—
(i)
is not the owner—
(a)
of computer A, or
(b)
(where paragraph (b)(ii) applies) of computer A
or computer B; or
5
(ii)
does not have the permission of the owner—
(a)
of computer A, or
(b)
(where paragraph (b)(ii) applies) of computer A
or computer B; and
(b)
‘the requisite intent’ is intent to damage the performance of an
10
activity—
(i)
for which computer A, or any program or data held in
computer A, is used; or
(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
comes into force.
(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
maximum or both; and
(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
further offences
(1)
A person is guilty of an offence if, with the requisite intent—
(a)
he does any act—
(i)
which causes; or
(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—
(i)
is not the owner—
(a)
of computer A, or
(b)
(where paragraph (b)(i)(b) applies) of computer
A or computer B; or
45
(ii)
does not have the permission of the owner—
(a)
of computer A, or

Computer Misuse Act 1990 (Amendment) Bill
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(b)
(where paragraph (b)(i)(b) applies) of computer
A or computer B; and
(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
computer A, is used;
(ii)
together with intent—
(a)
to commit an offence to which this section
applies; or
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—
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(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.
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(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
comes into force.
(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
maximum or both; and
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.”

Computer Misuse Act 1990 (Amendment) Bill
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(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
“section 1, 2A or 3”;
(b)
in subsection (3)—
(i)
for the words “section 1”, substitute the words “section 1 or 2A”;
5
and
(ii)
for the words “section 2”, substitute the words “section 2 or 2B”;
and
(c)
in subsection (4)—
(i)
for the words “section 1”, substitute the words “section 1 or 2A”;
10
and
(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
2A(1)”; and
(b)
for the words “section 1(1)”, substitute the words “section 1(1) or
2A(1)”.
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
summarily”.
(8)
In section 12 (conviction of certain offences in proceedings for certain other
offences)—
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
“section 1 or 2A”; and
35
(b)
in subsection (4), for the words “section 1”, substitute the words
“section 1 or 2A”.
(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
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substitute—
“(ba)
section 2A (denial of service),
(bb)
section 2B (denial of service with intent to commit further
offence), and”.
3
Short title, commencement and extent
5
(1)
This Act may be cited as the Computer Misuse Act 1990 (Amendment) Act
2005.
(2)
This Act shall come into force at the end of the period of two months beginning
with the day on which it is passed.
(3)
This Act does not extend to Scotland.
10

Computer Misuse Act 1990 (Amendment) Bill

A
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
purposes.

Ordered to be brought in by Derek Wyatt,

Brian White, Mr Richard Allan, Sue Doughty

and Dr Nick Palmer.

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,

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Bill 102 (xxxxxx) 53/4

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