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ACTIVITIES: CYBERCRIME

The police define cybercrime as any ciminal activity committed with the assistance of a computer. This includes both traditional crimes, such as fraud, and new crimes, such as web site defacements, that are only possible through the use of computers. In cybercrime a computer or network is a tool; crimes such as theft where the computer is the target are not counted as cybercrimes.

JANET sites and their users are likely to become involved in cybercrime as victims, perpetrators and intermediaries (where JANET systems such as proxies are misused by outsiders to commit cybercrime offenses). A very wide range of legislation may be involved in cybercrime, particularly where computers are used as tools to commit traditional crimes. In the case of new crimes, the Computer Misuse Act 1990, which criminalises unathorised access to computer material (s.1) and unauthorised impairment of the reliability of computer systems or data (s.3), is most likely to apply. The question of whether a university or college might be liable for actions performed by its staff or students, or by others misusing its facilities, is unclear. However it is recommended that organisations take measures to inform their members of the existing laws and the requirement to abide by them. Security measures to prevent misuse of systems by insiders and outsiders should be implemented as part of a standard process.

The Police and Justice Act 2006, section 37, created new offences relating to the making, supplying and obtaining of tools used in the existing Computer Misuse Act 1990 offences. Organisations and individuals involved in research or development of security tools, or in training others to use them, should be aware of the Crown Prosecution Service's Guidance to Prosecutors to ensure that their activities are not caught by these provisions.

The JISC Legal Information Service have an article on cybercrime, which provides much more detail.