The BBC has reported that Labour MP Tom Harris has introduced a 10 minute rule bill which would, were it to become law, amend the Computer Misuse Act 1990.
The Bill would make three key changes to the Act. It would increase the maximum term of imprisonment for a section 1 offence - the unauthorised access offence - from 6 months to 2 years. Secondly, it would increase the maximum tariff for a section 3 offence - unauthorised modification - from 5 to 10 years. Finally, it would amend section 3 to ensure that all forms of unauthorised interference would be an offence - in particular it would cover denial of service attacks.
The Bill is the third attempt to amend the Computer Misuse Act 1990 and many commentators hope that it succeeds where the previous attempts have failed. The drafting of the bill used in the first attempt was criticised. The second attempt, which received strong support, was timed-out because the general election intervened and reduced the amount of parliamentary time available. Mr Harris' bill is based on the second attempt.
As well as showing that government really is "tough on [cyber] crime", the increase in the penalty for the commission of a section 1 offence would have the added benefit of making the offence extraditable.
Although many 10 minute rule bills fall because they do not have the government's support (support is provided by the government freeing up some time on its legislative timetable in parliament to allow the bill to be passed), this bill may enjoy government support because it is viewed as crucial for the security of business in the UK today.
The reading of the bill is timely - 21 year old Sven Jaschan was recently convicted in Germany of computer sabotage and illegally altering data. He had admitted writing the Sasser worm which caused serious damage in May 2004. The maximum period of imprisonment in Germany is 5 years, but because he admitted the offence and was a minor when he committed it, he avoided a jail term.
If hackers recognise that the commission of an offence can result in a lengthy jail sentence and that they could be extradited to stand trial in the UK, they may think twice before committing an offence. UK business certainly hopes so.
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