Cyber Crime: Law and Practice

Cyber Crime: Law and Practice, now in its second edition, tackles the fast-growing topic of cyber crime and covers a wide range of issues from electronic fraud, data, interception of communications, cyber stalking, online theft and intellectual property to more involved topics like malicious communications and the rules of evidence relating to cyber-crimes and computers.

The second edition contains updated information on: New Offences under the Computer Misuse Act 1990, Investigatory Powers Act 2016, Data Protection Act 2018 and GDPR, and new CPS guidance on prosecution of offences relating to social media.

Using detailed case studies, examples and statutory extracts the author explains all aspects of cyber crime and computer crime. Cyber Crime: Law and Practice provides a practical, easy-to-follow guide for practitioners in the field, as well as those in law enforcement and academia.

With Foreword by Ian Dyson, Commissioner of the City of London Police, National Lead on Cyber-Crime.

Introduction
List of Contributors
List of Abbreviations
Table of Cases
Table of Statutes
Table of Statutory Instruments
Table of Conventions

1. OFFENCES INVOLVING MISUSE OF COMPUTERS
1.1 Background to the Computer Misuse Act 1990
1.2 Section 1 of the Computer Misuse Act 1990 – unauthorised access to computers
1.3 Section 2 of the Computer Misuse Act 1990 – unauthorised access with intent to commit or facilitate further offences
1.4 Section 3 of the Computer Misuse Act 1990 – unauthorised acts with intent to impair, or recklessness as to the impairment of, a computer
1.5 Types of computer misuse and charges under the Computer Misuse Act 1990
1.6 Section 3ZA of the Computer Misuse Act 1990 – unauthorised acts causing, or creating risk of, serious damage
1.7 Section 3A of the Computer Misuse Act 1990 – making, supplying or obtaining articles for use in offences under Section 1 or section 3
1.8 Meaning of ‘computer’ with regard to offences under the Computer Misuse Act 1990
1.9 Jurisdictional issues for offences under the Computer Misuse Act 1990

2. OFFENCES INVOLVING DATA PROTECTION
2.1 Overview
2.2 Section 170 of the Data Protection Act 2018 – unlawful obtaining or disclosure of personal data
2.3 Access and disclosure of personal data
2.4 Investigatory offences

3. OFFENCES RELATING TO PROPERTY
3.1 Theft under the Theft Act 1968
3.2 Intellectual property theft – infringement of copyright under section 107 of the Copyright, Designs and Patents Act 1988

4. OFFENCES INVOLVING COMMUNICATIONS
4.1 Introduction
4.2 Section 127 of the Communications Act 2003 – improper use of public electronic communications network
4.3 Section 1 of the Malicious Communications Act 1988 – sending letters, etc. with intent to cause distress or anxiety
4.4 Applicability of section 127 of the Communications Act 2003 and section 1 of the Malicious Communications Act 1988 to computer communications
4.5 Unlawful interception of communications

5. OFFENCES RELATING TO INTERNET OR COMPUTER CONTENT
5.1 Introduction
5.2 Section 1 of the Protection of Children Act 1978 and section 160 of the Criminal Justice Act 1988 – making, possession, publication and distribution of indecent images of children
5.3 Section 62 of the Coroners and Justice Act 2009 and section 63 of the Criminal Justice and Immigration Act 2008 – possession of prohibited images of children and possession of extreme pornographic images
5.4 Section 2 of the Obscene Publications Act 1959 – publishing an obscene article or having an obscene article for gain
5.5 Section 53 of the Regulation of Investigatory Powers Act 2000 – ancillary offence of failing to disclose access to computers

6. CYBER HARASSMENT AND CYBER STALKING
6.1 Offences Against the Person
6.2 Sections 2 and 2A of the Protection from Harassment Act 1997 – harassment and stalking

7. CONTEMPT OF COURT, THE INTERNET AND COURT REPORTING
7.1 Criminal contempt of court

8. CRIMINAL EVIDENCE AND COMPUTER TECHNOLOGY
8.1 General background to the rules of criminal evidence
8.2 Hearsay and computer-derived evidence
8.3 Police powers of seizure of computer evidence

APPENDICES
A1 Criminal Procedure Rules 2015
A2 New Social Media Guidelines CPS