Changes to the Police and Justice Bill

[Geoff]

Proposed changes to the Police and Justice bill would make it an offense to make, adapt, supply, or offer to supply any article which is designed or adapted to impair the operation of a computer, prevent or hinder access to a computer, or impair the operation of any program or access to any data. (Look at Part 5, sections 34 and 35).

 

http://www.publications.parliament.uk/pa/cm200506/cmbills/119/06119.27-33.html

 

Enjoy.

[GrumbleDook]

The phrases to remember are "any unauthorised act ..." and "at the time when he does the act he has the requisite intent and the requisite knowledge."

 

This still leaves open the hole of "I was taking apart a virus to learn about programming and what makes them work ... I am interested in that side of things because I want a job in security". The changes do not make any mention of "recklessness", but the act (as with the original computer misuse act) does not supercede the laws around criminal damage ... they are an addition and if damage occurs due to recklessness then it can still be taken down the criminal damage route ... it is just very, very hard to secure a conviction.

 

I will be interested in see what the recommendations from the DTI are to business on the changes ... and the BCS take on it.

[CyberNerd]

so kids unplugging mice can now be prosecuted ??

it'll make half of'em criminals before they leave school.

 

country has gone nuts.

[GrumbleDook]

Unfortunately not ... the removal of peripherals that do not stop the base operation of a computer does not count unless it is directly tied into completing set tasks is not covered under the Computer Misuse Act.

 

If they damage the mice doing it then yes, then can be charged with criminal damage but the CPS would presume that you would bill them instead. However, sending a bill for the repair or replacement of the mouse can be seen as acceptance that you will not procede with criminal prosecution and it becomes a civil case of non-payment. Similar to if you agree to let someone pay for a new wing of your car, but they fail to pay, it is difficult to then get the police to deal with it.

 

All points of law are done on the "common sense" rules ... if it makes more sense to settle disputes without direct use of the law, but to be aware of its presence then that is the direction you should go ... there are noted exceptions to this which centre around degrees of assault ... this is why you do not need a complainant for assault related crimes ... only a witness.

 

I digress ...

 

Good practice is to bill kids for damage. Some schools do cost, some do cost +VAT (even if they claim VAT back) ... some do cost +VAT +service charge (the cost of someone ordering the kit and plugging it in ... we stick a standard £5 or 10% ... whichever is greater). We also tie it onto our discipline system to help curb problems in other areas too.