Friday 12 April 2013

Week 4


R v Gold & Schifreen (1988) was a case that allegedly prompted the drafting of the Computer Misuse Act. As such it was a very early case and some of the issues involved reflected the newness of technology and the issues it posed.
The case of R v Gold & Schifreen was a very early case regarding Computer Hacking. In this case Stephen Gold and Robert Schifreen were found to have illegally accessed the computers and database from British Telecoms Prestel service. They had managed to get into the service by shoulder surfing an engineer for the company, retrieving both the username and password. The user name was 22222222, whilst the password was 1234, due to the unsecure nature of both the password and username, British Telecom received criticism for their security. As it was so easy for these two to get into the service and even get key information such as Prince Phillips message box, new laws had to be made in order to protect organisations in future and to. This is where the Computer Misuse act came in as to try to prevent circumstances like this again in future.
Originally Stephen Gold and Robert Schifreen were charged under Section 1 of the Forgery and Counterfeiting Act 1981. They were fined £750 and £600, however on appeal were acquitted of all charges. This prompted Lord David Brennan to state that the current laws did not go as far to protect against these sorts of circumstances and that they were trying to fit the crime to legislation that it did not belong to.
The Procrustean attempt[3] to force these facts into the language of an Act not designed to fit them produced grave difficulties for both judge and jury which we would not wish to see repeated. 
– Lord Brennan
Due to this being one of the first cases that actually had intent to hack into the organisations system, it meant that the judge and courts were unprepared and thus could not give a fair punishment and to prevent against this in future the Computer Misuse Act was drawn up. This states many different ways in which the defendant could be guilty under this act, with a key point on intent to hack.
¨  The offence of unauthorised modification of computer material requires:
¤  the modification to be unauthorised
¤  the requisite intent
¤  and the requisite knowledge
The punishment under this act includes 6 months imprisonment or a fine, not exceeding £5000 for unauthorised access to a computer.  For unauthorised access with intent to commit or facilitate commission of further offences, a 6 months/maximum fine on summary conviction or 5 years/fine on indictment. Same sentences as section 2 offences for unauthorised modification of computer material,






R v Gadd (1999) Paul Gadd aka Gary Glitter was a glam rocker from the 70’s who gained notoriety as a result of his prosecution for possession of indecent images of children. The circumstances of his arrest were that he had deposited his laptop with PC World near Bristol for repair. A technician “found” the images during the repair and notified the Police. What potential issues in relation to ACPO guidelines might there be and had this not been a case of child pornography might there have been a different outcome.
Principle 2 of ACPO, states how a person can only access the data if they are able to give evidence explaining the relevance and implication of their actions. This relates to the technician, as it begs the question, did he really need to be searching through Gary Glitters folders in order to be fixing his computer.   Because of this, I feel that if the photos on the laptop were not found to be incriminating then Gary Glitter may have a case for invasion of privacy against the technician.
– In exceptional circumstances, where a person finds it necessary to access original data held on a computer or on storage media, that person must be competent to do so and be able to give evidence explaining the relevance and the implications of their actions. – Principle 2 (ACPO)
As stated by QC, John Royce, the act of downloading the illegal content must have been done with intent and this can be seen to be the case in this scenario.
The examinations, said Mr Royce, revealed firstly that he had downloaded the material and secondly "that it was carefully, deliberately and enthusiastically done".
ACPO legislation gives the police and authorities a chance to gather further evidence in a case in order to prove themselves. However it is need to be adhered to as otherwise would breach the Computer Misuse Act.

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