More bad law to be "fixed" by COP

[Richard Clayton]

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In article <049201c7e342$69f85ea0$d401010a@neos.tv>, Tom Thomson
<cmt@btinternet.com> writes

>A Lords Science and Technology Committee says
>"Legitimate security researchers are at risk of being criminalised as a
>result of the recent amendments to the Computer Misuse Act. ... We welcome
>the Minister's assurance that guidance on this point will appear later in
>the summer, but urge the Crown Prosecution Service to publish this guidance
>as soon as possible, so as to avoid undermining such research in the
>interim."
>
>Why is there this crazy idea that bad, downright stupid, counterproductive
>legislation can be fixed with a Code of Practice and doesn't require
>amendment?  

The idea comes from assurances from the Government that the community is
over-reacting...   you may or may not believe that is so.

>We know perfectly well from recent experience that Ministerial statements
>about restricting the applicability of a law beyond what restrictions
>clearly and unambiguously exist on the face of the law are completely
>worthless, since the various authorities which use/enforce the law can
>ignore such statements with impunity.  Why should we imagine that if Mr
>Croaker approves a Code of Practice it will have any real effect? 

Mr Croaker doesn't have a role in approving a CoP here --- what's going
on is that the CPS (the DPP in fact) will publish a statement saying in
what circumstances they would expect to approve a prosecution.  This
will colour the attitude of police in pursuing cases and submitting them
to the CPS for a decision on proceeding.

So it will have an effect -- or not, depending what it says!

BTW: "summer" in this case is the Civil Service notion of "summer" which
means sometime before the Queen's Speech in November :)

- -- 
richard                                              Richard Clayton

They that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety.         Benjamin Franklin

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