UK Computer Misuse Act convictions declined last year despite pandemic explosion in online criminal activity

Prosecutions under the UK's Computer Misuse Act (CMA) dropped by a fifth in 2020 even as conviction rates soared to 95 per cent during the year of the pandemic, new statistics have revealed. This week's conviction statistics also showed that the most common CMA crime taken to court was the offence of "unauthorised access to …

[Yet Another Anonymous coward]

So in summary

The CMA is being used to go after white collar crime because it's sufficiently vague you can get a case past crown prosecution.

Emailing secret military plans to the enemy isn't a computer misuse offence.

Shouldn't the police be using the computer missue act to go after Russian, Iranian, N. Korean ransomware hackers?

[TimMaher]

Re: So in summary

They probably would if they could, even though they are massively underfunded.

However, as you have pointed out, they are all well out of range in unfriendly countries.

[Yet Another Anonymous coward]

Re: So in summary

>they are all well out of range in unfriendly countries.

I thought Global Britain (tm) ruled the waves again ?

[Mike Lewis]

Re: So in summary

It's "waved the rules".

[Conundrum1885]

Incidentally

Its been suggested that part of the problem is that cases never get to court in the first place as they are tried under something else.

Case in point, car thieves using a computer and SDR to break into and then steal expensive designer vehicles should logically lead to

a CMA conviction but I haven't seen any evidence of one.

Same with the infamous case recently of a student using a USBKiller to damage school property.

In the US the culprit got 10 years in Fed for this, but the one in the UK was just cautioned despite being caught red handed with it.

[John Sager]

Re: Incidentally

What would be an appropriate sentence? 10 years in Club Fed versus a caution speaks more to the US predilection for heavy sentences. I agree a caution seems a bit light for that one.

Where a particular crime involves several offences the CPS would most likely go for the one with the heaviest tariff that has a likelihood of a conviction. A CMA offence probably isn't it.

[Conundrum1885]

Re: Incidentally

Well, he used a computer to order the device (charge 1), used "unauthorized access" to get into the lab and do damage (charge 2) and then incite others to do the same via video blog (charge 3)

At the very least they could also add a charge of money laundering as he apparently used crypto-currency obtained by deception to order the device (charge 4) and failed to register as a currency exchange (charges 5, 6, 7)

[anonymous1726]

Re: Incidentally

All standard crimes, no need for CMA for any of these. Fraud, incitement, etc..

[katrinab]

Re: Incidentally

Would there be any point in adding a CMA offence to the charge sheet, when Theft is the most obvious wrong they committed, and that likely carries a stiffer sentence?

[John Brown (no body)]

Re: Incidentally

Exactly. The examples given were "simple" theft and vandalism. They just happened to use technology to carry out the crimes.

[anonymous1726]

Re: Incidentally

Because in many cases we don't actually need the Computer Misuse Act.

Vehicle theft - well that's theft, regardless of how it's done.

The USBKiller - bog standard criminal damage.

Just because it's done using a computer doesn't exempt it from all the usual laws covering crime.

[Anonymous Coward]

It's because

the persons committing such crimes are Far Far away in another country and their local police can't be bothered to do anything about it.

[Anonymous Coward]

Last time I checked, it was companies and their staff misusing computers, many of them think its magic and have no idea how any of it works

I am actually pretty surprised any computer crimes can be considered considering the shitshow that is infosec and software.

Case in point:

https://www.bbc.co.uk/news/technology-57156799

So here we have a telecommunications company designing and selling shit

We also have a family, who didnt even know they should be changing admin passwords or wifi key

The education system has alot to answer for

People are clearly not taught how to think for themselves

[Dave314159ggggdffsdds]

Is that the story about the family with the paedo parent? Sure, we all believe the excuse...

(Seriously, though, they probably did something dumb that isn't mentioned, like running a Tor node. They weren't 'hacked'.)

[Dave314159ggggdffsdds]

Obviously the CMA does nothing to stop people scamming from outside the UK. Which is where all the scammers are, except the most stupid.

[teebie]

"This data shows the increase in crime over the last year clearly isn't leading to more prosecutions"

If the acts being carried out are already crimes, then the problem with a lack of convictions isn't that the law is wrong, its that resources aren't being put toward upholding the law.