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