Cyber crime is a serious criminal offence under the Computer Misuse Act (CMA) 1990. It’s important to know how this law relates to everyday scenarios. Please make sure you’re aware of what constitutes an offence using the examples on this page, as the consequences of offending can include:
> Impacting upon someone’s ability to apply for employment opportunities. There are a number of companies that will not employ anyone with a criminal conviction, and you have to declare your conviction for a set period of time under the Rehabilitation of Offenders Act.
A criminal record may also be publically reported – these reports will persist online for a long time. Many employers now use research companies to find out everything they can about you including those public reports.
> Hindering your ability to visit certain foreign countries.
> Issues affecting credit scores, including student loans or mortgages, and the ability to rent property.
Offence
Unauthorised access to computer material. Computer includes any desktops, laptops, servers, tablets and smartphones.
Example
Without them knowing, you watched your friend put their password into their phone. You then used it to gain access to their phone and download their photos.
Maximum penalty: 2 years in prison
Offence
Unauthorised access to a computer with the intent of committing or facilitating a further offence.
Example
Without their permission, you accessed your friend’s smartphone, obtaining their bank login details so you could transfer money from their account.
Maximum penalty: 5 years in prison
Offence
An unauthorised act with intent to impair, or with recklessness as to impairing, the operation of a computer.
Example
You learned from a YouTube video how to use a webstresser or booter tool to perform a Denial of Service (DoS) attack against a friend, knocking them off of an online game. You did this simply intending to win a game. You paid with PayPal so you thought this was probably legal.
Maximum penalty: 10 years in prison
Offence
Creating, supplying or obtaining any article for use in committing another offence under the Computer Misuse Act. Article includes software.
Example
You downloaded a programme which was able to take remote control of a friend’s computer without their knowledge. You didn’t get a chance to use it before you were caught. This offence covers the possession of ‘malware’ but also legitimate software for which you had the intent of using it to commit an offence.
Maximum penalty: 2 years in prison
Offence
Performing an unauthorised act causing, or creating the risk of, serious damage of a material kind. If the damage is caused or threatened to human welfare or national security you can go to prison for life, otherwise the maximum sentence is 14 years in prison.
Example
You carried out a Distributed Denial of Service (DDoS) attack against a Government department. You did this because you wanted to prove a point. Your attack prevented critical communications with that department and in doing so undermined national security.
Maximum penalty: LIFE in prison