Cyber criminals threatened with 10 years in prison

UK law reform takes a hard line on computer crime...

NEWS

Cyber criminals in the UK face the prospect of tougher sentences and modernised laws to ensure a greater number of convictions for computer-related crimes.

A Police and Justice Bill has been introduced today by the Home Office which includes sections relating specifically to the modernisation of UK law to better deal with criminals who have committed acts of cyber crime.

Although the bill recommends reform for general areas of UK law enforcement – ranging from dealing with school truants to greater stop and search powers for police - the fifth section, entitled 'Miscellaneous', includes important revisions to the current Computer Misuse Act (CMA) including a suggested maximum 10-year prison sentence for individuals maliciously impairing the operation of a computer or hindering or preventing the access to programs or data.

The wording of the bill suggests such revisions would encompass acts such as denial of service attacks, not currently covered by the CMA, as well as crimes such as the random or targeted distribution of malicious code.

Obtaining physical or digital tools with the intent and prior knowledge to commit cyber crimes is also covered and would carry a maximum sentence of 12 months.

The fact the revisions to the CMA are bundled in with a wider bill is actually a positive sign, according to Derek Wyatt MP, a long-time proponent of reform to the current CMA.

Wyatt told silicon.com it is "good news all round", adding that its inclusion in the miscellaneous section of a longer bill has greatly increased the chances of success.

He said: "This is about the only way it could have been added to a major bill," adding that many of the recommendations are "in line with" what he proposed in a 'Ten Minute Rule Bill' last year which called for changes to the CMA.

Wyatt added: "This is more or less what we wanted."

Comments

There are 4 comments. Join the discussion

  1. 1. anonymous

    Yes, but you can kick a man to death, record on your camera and only get 8 years?

    Government want's to get it's priorities right!!

    • 26 January 2006 10:02
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  2. 2. Graham Coles

    Makes you wonder what the CMA could have made of Sony - incompetently impairing the operation of a computer (destabilizing and weakening security) and hindering or preventing the access to programs (their unwanted rootkit and subsequent malicious software using it) or data (Unable to use CD drive).

    But then, as with most of these laws, they don’t appear to apply to large self-serving corporations.

    • 26 January 2006 10:35
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  3. 3. James Button

    Yes - but, please effective penalties for not protecting their systems, as well as for those attacking systems.

    If you cannot show that you took reasonable precautions to ensure your computer system is secure, then you should be liable (1 count perhaps, against several thousand counts for trojan distributers)

    If you collect data as part of your business, and don't protect it - then you should be punished, rather than those taking that data from your systems.

    If your business is selling systems or software, then you should be punished if that software, or systems are not secure when sold.

    Additionally, if your job is to enforce the proper, accurate maintenance and security of systems and data, and you don't do the job properly/effectively - then you should also be liable

    (Bill G, when you gonna be visiting the UK ?)

    • 26 January 2006 17:55
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  4. 4. James Button

    Will the new revised act still make it a criminal offence to view information on a screen/display device, upon which you are not authorised to view that information.

    If so, then my boss will still have to admit to a criminal offence to discipline me for using the works PC to play the game that is licensed to me as it's sole user.

    And no way should he better my score.

    • 26 January 2006 18:01
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