Is the threat of the high-tech computer hacker an exaggerated one, or was there ever a need for the Computer Misuse Act 1990?
Tom Mulhall · Computer Fraud & Security · 1996
This question will be answered by looking at the various elements/definitions which are considered to constitute computer crime. Comment will then be made in the light of Kluwer's suggestion that such crime is “simply ordinary crimes with a computer element”. Hence a number of popular computer crimes will be eluded to, in order to agree with or disagree with Kluwer's comments. These will be examined from a modus operandi perspective, and a determination made to reference the legislation that may be considered applicable. Then the topic of the ‘hacker’ will be discussed and conclusions drawn as to the potential threat posed by such persons. Comment will be made referencing the operation of the current legislation. Were those sceptics right back in the good old days, when suggestions were made that legislation was being used as a sledge hammer to crack the proverbial nut?