Cyber Crime: Law and Practice

• ForewordIntroductionList of ContributorsList of AbbreviationsTable of CasesTable of StatutesTable of Statutory InstrumentsTable of Conventions1OFFENCES INVOLVING MISUSE OF COMPUTERS1.1Background to the Computer Misuse Act 19901.2Section 1 of the Computer Misuse Act 1990 – unauthorised access to computers1.3Section 2 of the Computer Misuse Act 1990 – unauthorised access with intent to commit or facilitate further offences1.4Section 3 of the Computer Misuse Act 1990 – unauthorised acts with intent to impair, or recklessness as to the impairment of, a computer1.5Types of computer misuse and charges under the Computer Misuse Act 19901.6Section 3ZA of the Computer Misuse Act 1990 – unauthorised acts causing, or creating risk of, serious damage1.7Section 3A of the Computer Misuse Act 1990 – making, supplying or obtaining articles for use in offences under Section 1 or section 31.8Meaning of ‘computer’ with regard to offences under the Computer Misuse Act 19901.9Jurisdictional issues for offences under the Computer Misuse Act 19902OFFENCES INVOLVING DATA PROTECTION2.1Overview2.2Section 170 of the Data Protection Act 2018 – unlawful obtaining or disclosure of personal data2.3Access and disclosure of personal data2.4Investigatory offences3OFFENCES RELATING TO PROPERTY3.1Theft under the Theft Act 19683.2Intellectual property theft – infringement of copyright under section 107 of the Copyright, Designs and Patents Act 19884OFFENCES INVOLVING COMMUNICATIONS4.1Introduction4.2Section 127 of the Communications Act 2003 – improper use of public electronic communications network4.3Section 1 of the Malicious Communications Act 1988 – sending letters, etc. with intent to cause distress or anxiety4.4Applicability of section 127 of the Communications Act 2003 and section 1 of the Malicious Communications Act 1988 to computer communications4.5Unlawful interception of communications5OFFENCES RELATING TO INTERNET OR COMPUTER CONTENT5.1Introduction5.2Section 1 of the Protection of Children Act 1978 and section 160 of the Criminal Justice Act 1988 – making, possession, publication and distribution of indecent images of children5.3Section 62 of the Coroners and Justice Act 2009 and section 63 of the Criminal Justice and Immigration Act 2008 – possession of prohibited images of children and possession of extreme pornographic images5.4Section 2 of the Obscene Publications Act 1959 – publishing an obscene article or having an obscene article for gain5.5Section 53 of the Regulation of Investigatory Powers Act 2000 – ancillary offence of failing to disclose access to computers6CYBER HARASSMENT AND CYBER STALKING6.1Offences Against the Person6.2Sections 2 and 2A of the Protection from Harassment Act 1997 – harassment and stalking7CONTEMPT OF COURT, THE INTERNET AND COURT REPORTING7.1Criminal contempt of court8CRIMINAL EVIDENCE AND COMPUTER TECHNOLOGY8.1General background to the rules of criminal evidence8.2Hearsay and computer-derived evidence8.3Police powers of seizure of computer evidenceAPPENDICESA1Criminal Procedure Rules 2015A2New Social Media Guidelines CPS

Select Guide Rating