Computer Crime

Computer crime covers a fairly wide number of possible activities that are regarded by the authorities as dishonest and are intended to cause loss for one person and an illicit gain to another. This may be the best way we can define what we mean by computer crime as in truth the activity covered is so varied that a clear definition is an unrealistic wish.

If you have been arrested, if you think you are at risk of being arrested, if you are on bail or have already been charged with an offence relating to computer or internet crime, our expert team of lawyers can help you. We are a much respected firm within the profession and our solicitors and support staff have a wealth of experience and expert knowledge. This allows you to have confidence in our ability to represent you.

We work with trusted expert Barristers and Forensic IT specialists in our diligent defence of your case. Cyber crime has become so sophisticated you need a quality team of Cyber crime defence solicitors to take on your case and understand the complexities of it. The investigation and prosecution authorities can get carried away with a case because they have not understood or have misunderstood what the computer experts are trying to tell them about their case. Defending such cases means your lawyers need to have the technical legal expertise for complex cases together with the intellectual rigour, knowledge and interest to understand such cases to ensure the defence case remains focussed on producing the best line of defence to achieve the right verdict.

Computer crime and internet fraud are complex cases which can stretch across many countries, but not necessarily. You could be at risk of being prosecuted under the Computer Misuse Act, for conspiracy, for fraud and/or money laundering offences. Extradition could be a real possibility).

Some examples of computer or internet crime include Computer Hacking, Identity Theft, Maliciously creating and spreading viruses, Using counterfeit or unlicensed software (Piracy).

The crime could be targeted against an individual, a government or a company. The person accessing the computer could be situated in the same room as the computer, in the area of the premises, anywhere else in the country or abroad. The pervasive nature of computerisation and the internet means that computer crime does not depend on proximity for a crime to be concluded.

Much computer crime is random. It works with spam and targets as many IP addresses as possible on the assumption that sufficient people will be persuaded to respond and give information to allow the ultimate crime to occur. Unfortunately this relies on vulnerable people who are desperate for assistance to end up losing even more.

Alternatively the intention may be to access a specific computer or network to cause damage or obtain information.

A hacker is someone who looks for and then exploits weaknesses in a computer or a computer network. Hackers may be motivated for different reasons which are mainly profit, protest, or challenge. Another use for computer hacking is in the investigation of crime with all the major investigation agencies employing experts to help to access material on computers and phones. The skills of a hacker are also used by big business to test the security of their systems and to trace suspected attacks.

The Computer Misuse Act 1990 introduced three new offences into UK criminal law namely unauthorised:

• access to computer material
• access with intent to commit a further offence
• modification.

For an offence of computer hacking to be committed the access to the computer material has to be unauthorised and the individual gaining access has to be aware that his access is unauthorised. There is no requirement for the intent to be directed at a specific program or file it is simply enough to prove that the access was unauthorised. There is no definition of computer material in the Act as it is far too complicated to be achieved by a piece of legislation. This has enabled the Act to apply to new pieces of technology as and when they are developed. However, the accepted definition of computer being any device for storing and processing information can be found in the Civil Evidence Act 1968.

Section 2 of the Computer Misuse Act covers unauthorised access to computer material with the intent to commit or facilitate the commission of further offences. The basic notion is that someone guilty of an offence under Section 1 of the Computer Misuse Act will have further criminal sanctions imposed on him if this is done with the intention to commit or facilitate the commission of further offences.

Examples of a further offence include Fraud, Forgery, Counterfeiting, Theft and Criminal damage.

Section 3 of the Computer Misuse Act imposes criminal liability on an individual if he has done one of the following three things:

• Caused an unauthorised modification of the contents of the computer
• Has the intention to make such a modification
• Has the knowledge that what he intends to do is unauthorised

In order for an individual to be guilty of one of the above offences under Section 3 he must also be guilty of one of the other offences contained within either Section 1 or Section 2 of the Computer Misuse Act.

Stalking is difficult to define as section 2A(3) of the Protection from Harrassment Act 1997 lists a number of examples of behaviours associated with stalking but the list is not an exhaustive one. The list gives an indication of the types of behaviour that may result in a stalking charge. The listed behaviours are:

1. (a) following a person
2. (b) contacting, or attempting to contact, a person by any means
3. (c) publishing any statement or other material relating or purporting to relate to a person, or purporting to originate from a person
4. (d) monitoring the use by a person of the internet, email or any other form of electronic communication
5. (e) loitering in any place (whether public or private)
6. (f) interfering with any property in the possession of a person
7. (g) watching or spying on a person.

Stalking can take place on the internet and through misuse of email. This is sometimes known as cyberstalking. This can include the use of social networking sites, chat rooms and other forums. The internet can be used for a range of purposes relating to harassment, for example:

• to locate personal information about a victim
• to communicate with the victim
• as a means of surveillance of the victim
• identity theft such as subscribing the victim to services, purchasing goods and services in their name
• damaging the reputation of the victim
• electronic sabotage such as spamming and sending viruses
• tricking other internet users into harassing or threatening a victim.

An allegation of cyber stalking can be tricky to prove and also difficult to defend. It is better to use solicitors with a track record of difficult cases including computer related crime.