Major report calling for reform of the Computer Misuse Act launched in the House of Commons
23 January 2020
The CyberUp campaign joined up with the Criminal Law Reform Now Network (CLRNN) to launch their report into the reforms needed to the Computer Misuse Act 1990 (CMA) in the House of Commons.
Hosted by Alex Chalk MP, the reception was attended by Parliamentarians, academics and leading industry figures all united in their desire to see the UK’s cybercrime laws updated to reflect 21st century threats.
Speaking at the reception, barrister Simon McKay, a civil liberties and human rights law practitioner, member of CLRNN and project lead for the report, commented: “The Computer Misuse Act is crying out for reform. It needs to be future- and technology-proofed to ensure it can meet the challenges of protecting the embedded internet-based culture we all live in and depend on. This report delivers a blueprint for the government to use and develop to make the law more effective in policing and prosecuting cybercrime.”
The reports’ recommendations include:
a range of measures to better tailor existing offences in line with the UK's international obligations and other modern legal systems, including new corporate offences.
new public interest defences to untie the hands of cyber threat intelligence professionals, academics and journalists to provide better protections against cyber-attacks and misuse, while ensuring consistency with overlapping offences within the Data Protection Act 2018.
a set of new targeted guidance for prosecutors, including the prosecution of young defendants, and calls for greater transparency regarding the use of PREVENT programmes by police.
the creation of new sentencing guidelines, and provides detail on their formation and function.
Dr John Child, Senior Lecturer in Criminal Law at the Birmingham Law School and co-director of CLRNN, says: “The legal case for reform of the Computer Misuse Act 1990 is overwhelming. Experts from academia, legal practice and industry have collaborated to identify the best route to ensure proper penalties are enforced to enable prosecution of hackers and companies who benefit from their activities, whilst permitting responsible cyber security experts to do their job without fear of prosecution.”
About the Report
The report has been endorsed and launched with an industry-led campaign. Various stakeholders, including global cyber and risk mitigation experts, NCC Group, have contributed their views during the formation of the report, making a business (as well as legal) case for reform.
About the Criminal Law Reform Now Network
Launched in 2017, the Criminal Law Reform Now Network (CLRNN) facilitates collaboration between academics and other legal experts to discuss, draft and disseminate comprehensible proposals for criminal law reform to the wider community. Our research contacts include members of the public and mainstream media as well as legal and industry professionals, police, policymakers, and politicians. The CLRNN is ready to consult with and make suggestions to anyone who has the power to bring about law reform. The CLRNN is supported by AHRC Network Grant funding.