============================================ LAWS ON COMPUTER MISUSE, IN THE UK ============================================ Author : Netw0rk Bug E-Mail : bug@netw0rk.freeserve.co.uk Date : MAY 1999 ============================================ This can be usefull information if you live in the UK. And if you don't... well, it makes an interesting little read The 1990 Computer Misuse Act - UK --------------------------------- In plain English. ----------------- "An Act to make provision for securing computer material against unauthorised access or modification; and for connected purposes" { This is the long title (header) of the Act and confirms what the act does and applies to. } SECTION 1 Unauthorised access to computer material -------------------------------------------------- TEXT: A person is guilty of an offence if he causes a computer to perform any function with intent to secure access to any program or data held in any computer. { This means that if you can get access to files which you shouldn't be allowed to retrieve or read then you are committing a offence, this only applies if the person in question has intent ( meaning they are doing it on purpose, often referred to as hacking ) to carry this out. } A person is guilty of an Offence if the access he intends to secure is unauthorised; and he knows at the time when he causes the computer to perform the function that that is the case. { This means that the person is guilty doesn't have authorisation to secure access to files then he is committing an offence. The person is not guilty if he/she doesn't know what they are trying to perform. This applies to everything i.e. any program, a program or data of any particular kind and a program or data held } A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both. { Meaning, you could go to prison for 6 months for committing an offence mentioned above ! You could also be subject to a fine @ level 5, which is always changing. You have to be convicted of the crime first though ;) } SECTION 2 Unauthorised access with intent to commit or facilitate ----------------------------------------------------------------- commission of further offences ------------------------------ A person is guilty of an offence under this section if he commits an offence under section 1 above. To commit an offence to which this section applies or 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. { This meaning that what is mentioned in section 2 applies to the person gaining unauthorised access to a computer system and to anyone who facilitates such a person } This section applies to offences for which a person of twenty-one years of age or over ( not previously convicted ) may be sentenced to imprisonment for a term of five years. { This means that if you re-offend or facilitate to re-offend and have been convicted you are liable to 5 years imprisonment or/and a large fine } SECTION 3 Unauthorised modification of computer material -------------------------------------------------------- A person is guilty of an offence if he/she does any act that causes an unauthorised modification of the contents of any computer; and at the time when he does the act he has the requisite intent and the requisite knowledge. { This means that if a person modifies computer material which he/she is not authorised to do he/she is guilty of committing an offence, however, the person must have the intent to carry out this crime else the person is not liable } { This next bit is the interesting bit } For the purposes of the above section the requisite knowledge is an intent to cause a modification of the contents of any computer and by so doing to impair the operation of any computer; to prevent or hinder access to any program or data held in any computer; to impair the operation of any such program or the reliability of any such data. The intent need not be directed at any particular computer; any particular program or data or a program or data of any particular kind; or any particular modification. { This basically means, if you have the intent and knowledge of breaking into computers, without have to actually do it you can be liable to an offence. } For the purposes of the Criminal Damage Act 1971 a modification of the contents of a computer shall not be regarded as damaging any computer or computer storage medium unless its effect on that computer storage medium, impairs its physical condition. { Meaning that you cannot be prosecuted for criminal damage whilst hacking into a machine unless you cause physical damage i.e. on site hacking, then taking a sledge hammer to the computer can be classed as criminal damage but change the password for root login is not criminal damage, unless you send the computer into high speed self destruct mode and ruin one of the heads on the 50 gig duke box ? } { A lot of the next part of the document is about jurisdiction and some technical mumbo jumbo } SECTION 14 Search warrants for offences under section 1 ------------------------------------------------------- Where a circuit judge is satisfied by information on oath given by a constable that there are reasonable grounds for believing that an offence under section 1 above has been or is about to be committed in any premises; and that evidence that such an offence has been or is about to be committed is in those premises he/she may issue a warrant authorising a constable to enter and search the premises, using such reasonable force as is necessary. { This basically means that if they believe that you have the intent or have broken into a system your not supposed to ( section 1 ) they can come around your house and knock your door in, or, open it for them nicely. } SECTION 15 Extradition where Schedule 1 to the Extradition Act 1989 applies --------------------------------------------------------------------------- The offences to which an order in council under section 2 of the extradition act 1870 can apply shall include offences under sections 2 and 3 and any conspiracy to commit such an offence and any attempt to commit an offence under section 3. { This meaning, that if you have a conspiracy to break into a system you can be extradited } In the UK it can be illegal to posses anything which may show an intent to hack, such as hacking documents. So, if your out there and in UK and didn't know that you were doing is most probably illegal then keep your head down !