New Research: a proposal for a principles-based framework for the application of a statutory defence under a reformed Computer Misuse Act

A new piece of work by the CyberUp Campaign released today puts forward a proposal for a set of principles that would guide the application of a statutory defence under a reformed Computer Misuse Act.

 One of the CyberUp Campaign’s central recommendations is that the Computer Misuse Act be reformed to include a statutory defence so that cyber security researchers acting in the public interest are able to defend themselves from prosecution.

 In response to questions about how this well-established legal principle would operate in the cyber context, the paper seeks to demonstrate that courts are capable of successfully and consistently applying an assessment of whether an act of unauthorised access (currently illegal under the Computer Misuse Act) was defensible, and thereby inform an evolving understanding of what constitutes legitimate conduct in cyber space.