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ANTI-HACKING
A BILL
To create offences of unauthorised access to
electronically stored data and its transmission;
to confer powers of monitoring, search, seizure
and destruction of such data; and for related
purposes
Presented by Emma Nicholson
Offences
1.(1) (a) A person who effects unauthorised access to a computer or
computer system either
(i) to his own or another's advantage; or
(ii)to another's prejudice;
or
(b) being reckless as to whether his action would result in
(i) his own or another's advantage; or
(ii) another's perjudice;
shall be guilty of an offence.
(2) A person who without lawful authority or reasonable excuse has
in his custody or under his control anything with the intention
of effecting unauthorised access to a computer or computer
system to enable some act or acts to his own or another's
advantage or to another's prejudice, shall be guilty of an
offence.
(3) A person who, without lawful authority or reasonable excuse,
transmits, receives, or causes to be transmitted or received
by means of wire, radio or television communications including
electro-magnetic waves, any writing, signals, signs, pictures
or sound
(a) with the intention of committing an act
(i) to his own or another's advantage; or
(ii)to another's prejudice;
or
(b) being reckless as to whether his action would result in
(i) his own or another's advantage; or
(ii) another's perjudice;
shall be guilty of an offence.
(4) A person commits and offence if he effects unauthorised access
to the computer of another for an unauthorised purpose.
Penalties
2.(1) A person guilty under section 1(1) above shall be liable-
(a) on conviction on indictment, to a fine, or to imprisonment
for a term not exceeding ten years or to both; or
(b) on summary conviction, to a fine not exceeding level 5 on
the standard scale.
(2) A person guilty of an offence under subsection (2) or (3) of
section 1 above shall be liable -
(a) on conviction on indictment, to a fine, or to imprisonment
for a term not exceeding five years or to both; or
(b) on summary conviction, to a fine not exceeding level 5 on
the standard scale.
(3) A person guilty of an offence under section 1(4) above shall
be liable on summsry conviction to a fine not exceeding level
5 on the standard scale.
Powers of search
and seizure
3.(1) If it appears to a Justice of Peace, from information given
on oath, that there is reasonable cause to believe that a
person has in his custody or under his control -
(a) anything which he or another has used, whether before or
after the coming into force of this act, or intends to
use, for the making of anything in contravention of
section 1(2) above or
(b) any unauthorised documentation obtained by the unauthorised
accessing of a computer of another, whether before or after
the coming into force of this act or
(c) anything, custody or control of which, an offence under
section 1(2) above; he may issue a warrant authorising a
constable to enter and search the premises.
(2) If it appears to a Judge of the Crown Court from information
given to him on oath that there is reasonable cause to believe
an electronic device is being used to unlawfully access the
computer of another, he may authorise the monitoring of such
a device, by the police, by electronic means, in order to
intercept the transmitted data and to produce evidence of
unauthorised access
(3) A constable may at any time after the seizure of anything
suspected of falling within paragraph (a) or (b) of subsection
(1) of this section (whether the seizure was effected by virtue
of a warrant under that section or otherwise) apply to a
magistrates court for an order under this subsection with
respect to the object; and the court, if it is satisfied both
that the object falls within any of those paragraphs and that
it is conducive to the public interest to do so, may make
such an order as it thinks fit for the forfeiture of the object
and its subsequent destruction or disposal.
(4) Subject to subsection (5) below the court by, or before, which
a person is convicted of an offence under this Act may order
anything shown to the satisfaction of the court to relate to
the offence to be forfeited and either destroyed or dealt with
in such other manner as the court may order.
(5) The court shall not order anything to be forfeited under
subsection (4) above where a person claiming to be the owner
of, or otherwise interested in it, applies to be heard by the
court unless an opportunity has been given to him to show cause
why the order should not be made.
Interpretation
4.(1) In this Act -
"computer" includes any device for storing and processing
information or communications facility directly relating to,
or operating in conjunction with, such device.
"wire" includes any wire, cable, printed circuit, or any means
by which communications can be transmitted.
"unauthorised access" includes access by a person who is
authorised to have access to a computer, but who exceeds the
terms of such authorisation.
"another" includes any person, body corporate, institution,
firm, association, trust, or any other body of persons.
"prejudice" is caused if, and only if, an action leads to -
(i) The temporary or permanent loss of property or
information; or
(ii) The deprivation of an opportunity to earn remuneration
or greater remuneration; or
(iii) The deprivation of an opportunity to gain financial
advantage otherwise than by way of remuneration.
(2) In this section "loss" includes not getting what one might get
as well as parting with what one has.
Jurisdiction
5. A court within England and Wales shall have jurisdiction for
an offence under this Act if at the time the offence was
committed -
(a) the accused was within England and Wales; or
(b) the computer or computer system in relation to the offence
was within England and Wales; or
(c) the communiction links through which such an offence was
committed are within England and Wales; or
(d) the proceeds of the said offences are, or deposited,
processed or transferred from within England and Wales.
6.(1) This Act may be cited as the Anti-Hacking Act 1989.
(2) This act does not extend to Scotland or Northern Ireland.