Terrorism Act 2000

[Q G Campbell]

Donald

Is this not a means of avoiding the very problems that gave rise to the
Computer Misuse Act 1990?

Before that Act came into being attempts were made to use s.10 of the
Criminal Damage Act 1971 in cases where computing systems were disrupted
by deleting files, etc. However it was very difficult under that Act to
show that deleting a file was "tangible damage".=20

Hence the CMU Act deals with "intangible damage". As you will be aware,
so called "intangible acts" are unauthorised modifications that:

  o impair operation (eg. denial of service attacks)

  o prevent or hinder access (eg. logical time locks in programs)

  o affect reliability (eg. password sniffers; these do not impair
    immediate operation but do effect authorised use)

 =20
Quentin
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PHONE: +44 191 222 8209    Computing Service, University of Newcastle
FAX:   +44 191 222 8765    Newcastle upon Tyne, United Kingdom, NE1 7RU.
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"Any opinions expressed above are mine. The University can get its own."
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> -----Original Message-----
> From: Donald ramsbottom [mailto:donald@ramsbottom.co.uk]
> Sent: 21 February 2001 07:51
> To: ukcrypto@chiark.greenend.org.uk
> Subject: Terrorism Act 2000
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> Below is S:1 of the new Terrorism Act 2000, the whole act can=20
> be found at:
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> http://www.legislation.hmso.gov.uk/acts/acts2000/20000011.htm
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> While I have no problem with most of it S:1(2)(e) includes=20
> intereference
> with an electronic system. There do not appear (and I may be=20
> wrong and am
> happy to be corrected) to be any further definitions or=20
> clarifications as
> to what an electronic system is and what is meant by interference.
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> I perceive that they are thinking of National critical sytems such as
> power, air traffic control etc, but as usual these days it=20
> does not say
> that. It would appear from the definition that any=20
> "interference" with any
> system is an at of terrorism and as "interference" is not=20
> defined, then for
> example, does encryption count as interference as it prevents "an
> electronic system" from accessing or reading what would be=20
> say plaintext.
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> I realize that the anti terrorist squad are hardly likely to=20
> swoop on the
> student who hacks his university computer or something=20
> similar (well I hope
> not), but the fact remains, that they could if they wanted=20
> to. Just another
> example of bad (well from a citizen's point of view)=20
> drafting, in which the
> state is saying we know best trust us.
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> Oh, I nearly forgot, you can do this anywhere in the world,=20
> its not just
> limited to the UK, that could be tricky to enforce!
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> "1. - (1) In this Act "terrorism" means the use or threat of=20
> action where-
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> (a) the action falls within subsection (2),
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> (b) the use or threat is designed to influence the government or to
> intimidate the public or a
> section of the public, and
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> (c) the use or threat is made for the purpose of advancing a=20
> political,
> religious or
> ideological cause.
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> (2) Action falls within this subsection if it-
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> (a) involves serious violence against a person,
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> (b) involves serious damage to property,
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> (c) endangers a person's life, other than that of the person=20
> committing the
> action,
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> (d) creates a serious risk to the health or safety of the public or a
> section of the public, or
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> (e) is designed seriously to interfere with or seriously to disrupt an
> electronic system.
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> (3) The use or threat of action falling within subsection (2) which
> involves the use of firearms or
> explosives is terrorism whether or not subsection (1)(b) is satisfied.
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> (4) In this section-
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> (a) "action" includes action outside the United Kingdom,
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> (b) a reference to any person or to property is a reference=20
> to any person,
> or to property,
> wherever situated,
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> (c) a reference to the public includes a reference to the public of a
> country other than the
> United Kingdom, and
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> (d) "the government" means the government of the United=20
> Kingdom, of a Part
> of the United
> Kingdom or of a country other than the United Kingdom.
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> (5) In this Act a reference to action taken for the purposes=20
> of terrorism
> includes a reference to
> action taken for the benefit of a proscribed organisation."
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> Donald Ramsbottom BA LLb (Hons) PGdip
> Ramsbottom & Co Solicitors
> Internet and Global Encryption Law Specialists & General UK =20
> Law Matters
> 5 Seagrove Avenue Hayling Island Hampshire UK
> Tel (44) 023 9246 5931 Fax (44) 023 9246 8349
> Regulated by the Law Society in the conduct of Investment business
> Service by Fax or Email NOT accepted
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