Computer Misuse Act

The Computer Misuse Act is split into several different sections that deal with different types of computer misuse crimes. 

Section 1 CMA – Unauthorised Access To Computer Material

The first of these is Section 1 of the CMA, which deals with unauthorised access to computer material. For Section 1 offences the defendant must have secured access, or intended to secure access to computer info that they did not have authorisation for. 

Section 2 CMA – Unauthorised Access With Intent To Commit Or Facilitate The Commission Of Further Offences 

Offences classified under section 2 of the CMA concern situations where information stored on the computer has been illegally accessed with the intent of committing further offences 

An example of this would be when a hacker gains information from a computer system illegally about a deceased person, intending to use their identity fraudulently. 

Section 3 CMA – Unauthorised Acts With Intent To Impair, Or With Recklessness As To Impairing, The Operation Of A Computer. 

Under the CMA a Section 3 offence is one that stops a legitimate user from being able to access a computer. 

An example of this type of offence would be where a cyber attack takes place making the machine unusable, such as in the case of a ransomware attack. 

Section 3ZA CMA

Section 3ZA was added to the original 1990 CMA in 2015. A Section 3ZA offence is one that deals with the misuse of computers that impact vital national UK infrastructure. This means that in a situation where computers have been misused to endanger one or more of the following: 

• Human welfare
• The Economy
• National Security 
• The Environment 

Jurisdiction of the CMA 

While the CMA is an English and Welsh law, offences that fall under the remit of the act can be prosecuted even when they happened elsewhere. However, for this to happen a significant link to England and Wales must be established.