Computer hacking and other forms of computer crime can be a very profitable business and has proliferated in recent years with the widespread use of electronic systems and use of the internet. Computer hackers are sometimes referred to as cybercriminals and they can cause a lot of damage to business, individuals and governments.
The main piece of legislation that the courts use to punish computer hacking is the Computer Misuse Act 1990. The Act makes it illegal to break into computer systems and otherwise interfere with their operation through the introduction of computer viruses or other forms of malicious computer code.
You would be deemed a computer hacker under the Act if you used a computer system that you did not have authorisation to log onto. If you break into a computer system with the express intent to cause damage, you could face a six-months prison sentence and/or a maximum fine of £2,000. The Act also gives details of other indictable offences that attract a prison sentence of up to five years.
Hacking can also mean the transferring of computer code such as adware or spyware into a host computer, or the networking together of many computers to form what are called ‘zombie networks’ to launch attacks on other computer systems.
The use of computer systems to send spam emails or launch phishing attacks is also illegal under the Act. Additionally if you break into a computer system and steal data you could also be prosecuted under copyright and intellectual property laws.
The law also recognises that computer hacking can be international in scope. What this means in practice is that extradition treaties now exist between most industrialised nations that enable them to bring suspected computer hackers back to the country affected by the attack in order to stand trial. The recent extradition of Garry McKinnon to the USA for alleged computer hacking of US military and NASA systems shows that nation states will pursue computer hackers across borders to answer for their alleged attacks.
If you have been affected by criminal behavior by a computer hacker, or if you are being investigated or charged with offences under the Act, you should speak to a specialist solicitor in IT law and/or criminal law. A criminal solicitor will be able to represent you in court.
