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