ABSTRACT
The previous two chapters have considered the parallel evolutionary strands of computer technology and computer misuse together with the attempts of the domestic criminal law to regulate that misuse. Chapter 2 considered the emergence of the problem of computer misuse, the challenges which it presented for the domestic criminal law and the genesis of the Computer Misuse Act 1990 which introduced three new specific offences aimed at computer misuse. The efficacy of the 1990 Act was considered in Chapter 3. This showed that the 1990 Act produced a relatively low number of prosecutions. Moreover, the application of the 1990 Act seemed to be inconsistent, with the courts struggling at times to interpret the Act in a way which furthered its general purpose to prevent computer misuse. Some of these difficulties arose as a result of technological advances. Just as the pre-existing criminal law had been stretched in an attempt to accommodate unforeseen mischief resulting from technologies emerging in the 1980s, so the 1990 Act began itself to suffer during its first 16 years. The Police and Justice Act 2006 introduced some amendments to the 1990 Act in an attempt to bring the legislation in line with technological capability. While the effect of these amendments remains to be seen, it is undoubtedly clear that the domestic criminal law is still seen to have a role to play in the regulation of computer misuse.
