What is the primary piece of UK legislation that criminalises unauthorised access to computer systems and data?
The Computer Misuse Act 1990 (CMA).
The Computer Misuse Act 1990 was enacted in response to which legal case from 1984-85?
The R vs Gold and Schifreen case.
Under what pre-existing act were Gold and Schifreen originally prosecuted for accessing British Telecom’s Prestel system?
The Forgery and Counterfeiting Act 1981.
Section 1 of the original Computer Misuse Act makes it an offence to gain unauthorised access to what?
Computer material, which includes systems or data.
What offence is described in Section 2 of the Computer Misuse Act 1990?
Gaining unauthorised access with intent to commit or facilitate further offences.
Section 3 of the Computer Misuse Act 1990 makes it an offence to perform unauthorised acts against computer systems with what intent or outcome?
With intent to impair, or that may cause impairment, even if accidental.
According to the Computer Misuse Act, is the ‘motive’ of a person relevant when determining if gaining unauthorised access is an offence?
No, the Act does not discriminate against motive; even good intentions do not negate the offence.
Who was the systems administrator in a well-publicised case who hacked into NASA and US military systems looking for evidence of coverups?
Gary McKinnon.
What was the outcome for penetration tester Daniel Cuthbert after he performed directory traversal scans on a legitimate charity website he suspected was a phishing site?
He was prosecuted and found guilty under the Computer Misuse Act, fined, and lost his job.
Which act from 2006 amended the Computer Misuse Act to put a stronger emphasis on requiring clear proof of intent?
The Police and Justice Act 2006.
The Police and Justice Act 2006 introduced which new section to the Computer Misuse Act?
Section 3A.
What does Section 3A of the Computer Misuse Act criminalise?
The making, supplying, or obtaining of any ‘articles’ used to commit an offence under the Act.
In the context of Section 3A of the CMA, what can an ‘article’ include?
Any program or data held in electronic form, such as malware or hacking instructions.
Which 2015 act introduced another new section, 3ZA, to the Computer Misuse Act?
The Serious Crime Act 2015.
What does Section 3ZA of the Computer Misuse Act enforce?
Much harsher sentences for unauthorised acts that cause, or risk causing, serious damage.
Under Section 3ZA of the CMA, what kind of damage to human welfare or national security could result in life imprisonment?
Serious damage including illness or death, or disruption to supplies (food, water, energy), transportation, communication, health, or government networks.
How did the Serious Crime Act 2015 update the territorial scope of computer misuse offences?
It expanded the scope to include offences against other countries, and offences by a UK citizen from another country.
Which UK act from 1998 sets out the fundamental rights and freedoms that everyone is entitled to?
The Human Rights Act 1998.
What right is protected by Part I Article 6 of the Human Rights Act?
The right to a fair trial, including the presumption of innocence until proven guilty.
According to the Human Rights Act, how must evidence gathered during security testing be handled to ensure its admissibility in court?
It must be handled in a manner that preserves its integrity.
Part I Article 8 of the Human Rights Act establishes the right to respect for what aspects of a person’s life?
Their private life, home, and correspondence.
What right, relevant to security testing, is protected by Part II Article 1 of the Human Rights Act?
The protection of property and the right to peaceful enjoyment of possessions.
In the context of the Human Rights Act, testers must be particularly careful not to access personal devices and data in what common work scenarios?
Scenarios involving BYOD (Bring Your Own Device) or employees who work from home.
Which two pieces of legislation in the UK protect individuals regarding the processing of their personal data?
The Data Protection Act 2018 and the UK GDPR.