                                 DMUK 12/93
                                ANTI-HACKING
                                ------------
A BILL
------
                  " To create offenses of unauthorised access to
                  electronically stored data and its transmission;
                  to confer powers of monitoring, search, seizure
                  and destruction of such data; and for related
                  purposes "

                         Presented by Emma Nicholson
Offenses                 ---------------------------
--------
          1.(1) (a) A person who effects unauthorised access to a computer
                    or computer system either

                    (i) to his own or another's advantage; or
                    (ii)to another's prejudice;

                    or

                (b) being reckless as to whether his action would result in

                    (i) his own or another's advantage; or
                    (ii) another's prejudice;

                shall be guilty of an offence.

            (2) A person who without lawful authority or reasonable excuse
                has in his custody or under his control anything with the
                intention of effecting unauthorised access to a computer or
                computer system to enable some act or acts to his own or
                another's advantage or to another's prejudice, shall be
                guilty of an offence.

            (3) A person who, without lawful authority or reasonable excuse,
                transmits, receives, or causes to be transmitted or received
                by means of wire, radio or television communications
                including electro-magnetic waves, any writing, signals,
                signs, pictures or sound

                (a) with the intention of committing an act

                   (i) to his own or another's advantage; or
                   (ii)to another's prejudice;

                   or

                (b) being reckless as to whether his action would result in

                   (i) his own or another's advantage; or
                   (ii) another's prejudice;

                shall be guilty of an offence.

            (4) A person commits and offence if he effects unauthorised
                access to the computer of another for an unauthorised
               purpose.

Penalties
---------

          2.(1) A person guilty under section 1(1) above shall be liable:-

                (a) on conviction on indictment, to a fine, or to
                imprisonment for a term not exceeding ten years or to
                both; or

                (b) on summary conviction, to a fine not exceeding level 5 on
                    the standard scale.

            (2) A person guilty of an offence under subsection (2) or (3) of
                section 1 above shall be liable -

                (a) on conviction on indictment, to a fine, or to
                    imprisonment for a term not exceeding five years or to
                    both; or

                (b) on summary conviction, to a fine not exceeding level 5 on
                    the standard scale.

            (3) A person guilty of an offence under section 1(4) above shall
                be liable on summary conviction to a fine not exceeding level
                 5 on the standard scale.

Powers of search and seizure
----------------------------

         3.(1) If it appears to a Justice of Peace, from information given
               on oath, that there is reasonable cause to believe that a
               person has in his custody or under his control:-

                (a) anything which he or another has used, whether before or
                    after the coming into force of this act, or intends to
                    use, for the making of anything in contravention of
                    section 1(2) above or

                (b) any unauthorised documentation obtained by the
                    unauthorised accessing of a computer of another, whether
                    before or after the coming into force of this act or

                (c) anything, custody or control of which, an offence under
                    section 1(2) above; he may issue a warrant authorising a
                    constable to enter and search the premises.

            (2) If it appears to a Judge of the Crown Court from information
                given to him on oath that there is reasonable cause to
                believe an electronic device is being used to unlawfully
                access the computer of another, he may authorise the
                monitoring of such a device, by the police, by electronic
                means, in order to intercept the transmitted data and to
                produce evidence of unauthorised access

            (3) A constable may at any time after the seizure of anything
                suspected of falling within paragraph (a) or (b) ofsubsection
                (1) of this section (whether the seizure was effected by
                virtue of a warrant under that section or otherwise) apply to
                a magistrates court for an order under this subsection with
                respect to the object; and the court, if it is satisfied both
                that the object falls within any of those paragraphs and that
                it is conducive to the public interest to do so, may make
                such an order as it thinks fit for the forfeiture of the
                object and its subsequent destruction or disposal.

            (4) Subject to subsection (5) below the court by, or before,which
                a person is convicted of an offence under this Act may order
                anything shown to the satisfaction of the court to relate to
                the offence to be forfeited and either destroyed or dealt
                with in such other manner as the court may order.

            (5) The court shall not order anything to be forfeited under
                subsection (4) above where a person claiming to be the owner
                of, or otherwise interested in it, applies to be heard by the
                court unless an opportunity has been given to him to show
                cause why the order should not be made.

Interpretation
--------------

          4.(1) In this Act -

                "computer" includes any device for storing and processing
                 information or communications facility directly relating
                 to, or operating in conjunction with, such device.

                "wire" includes any wire, cable, printed circuit, or any
                 means by which communications can be transmitted.

                "unauthorised access" includes access by a person who is
                 authorised to have access to a computer, but who exceeds the
                 terms of such authorisation.

                "another" includes any person, body corporate, institution,
                 firm, association, trust, or any other body of persons.

                "prejudice" is caused if, and only if, an action leads to -

                   (i)   The temporary or permanent loss of property or
                         information; or
                   (ii)  The deprivation of an opportunity to earn
                         remuneration or greater remuneration; or
                   (iii) The deprivation of an opportunity to gain financial
                         advantage otherwise than by way of remuneration.

            (2) In this section "loss" includes not getting what one might
                get as well as parting with what one has.

Jurisdiction
------------

          5.    A court within England and Wales shall have jurisdiction for
                an offence under this Act if at the time the offence was
                committed:-

                (a) the accused was within England and Wales; or

                (b) the computer or computer system in relation to the
                    offence was within England and Wales; or

                (c) the communication links through which such an offence was
                    committed are within England and Wales; or

                (d) the proceeds of the said offenses are, or deposited,
                    processed or transferred from within England and Wales.

          6.(1) This Act may be cited as the Anti-Hacking Act 1989.

            (2) This act does not extend to Scotland or Northern Ireland.

       Brought to you by DiMeNsIoN UK - Hope that makes it all clear!!
                   ASCII Translation by Meeko / Hi-ReS UK.


