Computers and the law Essay Example | Topics and Well Written Essays - 2000 words

Computers and the law - Essay Example An attempt to address these problems in the Act was implemented in controversial amendments, which came into force in October 2008 through the Police and Criminal Justice Act 2006 . With regard to the unauthorised access and attempted intrusions this could constitute an offence under the Act of the conduct satisfies the requirements as follows: 1) Unauthorised access to computer material (Section 1 of the Act); 2) Access to computer material without authorisation with intent to commit or assist the commission of offences (Section 2 of the Act); and 3) Modification of computer data without authorisation (Section 3 of the Act). With regard to the current factual scenario, it is evident that there have been attempts to hack the Macrobox system without success so far. Accordingly, whilst there has clearly been an intention to commit the office, there does not appear to have been actual access to the computer system or computer material. ... Accordingly, if we apply this to the current scenario, whilst the access to Macrobox’s computer and servers were not successful, the attempt to hack will constitute a criminal offence under Section 3 of the Act. With regard to potential penalties, the Police and Criminal Justice Act 2006 provides for criminal liability on the following basis to be included in the Act for the Section 3 offence: 1. On summary conviction a prison sentence of up to 12 months and a fine not exceeding the statutory minimum; or 2. On conviction on indictment, imprisonment for a term not exceeding ten years or a fine or both (Section 36(6) of the Police and Criminal Justice Act 2006). Additionally, as the forum users have been trying to encourage others to hack Macrobox, this also potentially falls within incitement offences, which have now been removed from the Act and inserted into the inchoate offences section of the Serious Crime Act 2007. Furthermore, it is important to highlight that the encoura gement on online forums to hack Macrobox’s computer systems could also constitute a potential offence under the Terrorism Act 2000. Section 2(e) of the Terrorism Act provides that an act of terrorism includes any act which is â€Å"designed seriously to interfere with or seriously disrupt an electronic system† if the act is undertaken with the objective of furthering a political, religious or ideological cause. In the current scenario, it is evident that the attempts to hack and interfere with Macrobox’s computer systems and servers were as a result of the disclosure on public forums that Macrobox is a major software supplier for Staffordshire