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Computer Misuse Act 1990
19 April 2022
Lead MP
Jamie Wallis
Responding Minister
Damian Hinds
Tags
Crime & Law EnforcementForeign AffairsScience & TechnologyBusiness & Trade
Word Count: 10922
Other Contributors: 8
At a Glance
Jamie Wallis raised concerns about computer misuse act 1990 in Westminster Hall. A government minister responded.
Key Requests to Government:
I urge the government to expedite the review of the Computer Misuse Act 1990 to protect cyber-security professionals acting in the public interest. I ask for a statutory defence for these professionals who are carrying out essential threat intelligence research against cyber criminals and rogue states, while ensuring that genuine criminal activities can still be prosecuted effectively.
How the Debate Unfolded
MPs spoke in turn to share their views and ask questions. Here's what each person said:
Lead Contributor
Opened the debate
I am concerned about the outdated Computer Misuse Act 1990, which was introduced when Margaret Thatcher was Prime Minister and before the internet became widely used. The current legislation fails to address contemporary cyber threats and hinders vital threat intelligence research by British cyber-security professionals. Over 52,000 people work in UK cyber security firms, but they are at risk of being prosecuted under the CMA for actions that could prevent future attacks. This risks deterring a new generation from pursuing careers in cybersecurity, at a time when countries like Russia and China pose increasing threats.
Holly Lynch
Lab
Wear Valley
Ms Lynch highlighted the urgent need for reform of the Computer Misuse Act 1990 due to its outdated nature and lack of effectiveness in tackling modern cyber-crime. She cited low prosecution rates, with only 45 prosecutions and 43 convictions in 2020, and called for a statutory defence that would allow cyber-security professionals to perform legitimate activities without fear of legal repercussions. Holly Lynch introduced comparisons with France's approach to cyber security laws and emphasised the importance of learning from other countries' experiences.
Jim Shannon
DUP
Strangford
Mr. Jim Shannon highlighted the importance of improving cyber security for individuals and companies, citing concerns about insecure devices compromising privacy or being hijacked to disrupt internet usage. He questioned whether Government targets set in 2016 had been met regarding making online products and services cyber-secure by default by 2021. With an estimated £1.27 billion cost of cybercrime annually in the UK, Mr. Shannon stressed the need for legislative changes to address issues like weak passwords and user behavior contributing to poor cybersecurity.
Matt Warman
Con
Boston and Lincolnshire
Mr Warman welcomed the debate, thanking officials for recent meetings on improving the Computer Misuse Act. He stated that while the act may not be broken, it can be improved to adapt to changes in cyber-security industry structure since its inception. Matt Warman raised points about statutory defence and emphasised the need to balance reassurances for security professionals without legalising criminal activity.
Paul Beresford
Con
Mpsdon and South Northamptonshire
Apologised for not being present at the beginning of the debate. Agreed with his colleague's suggestion about a statutory defence, but suggested that it could be achieved without amending existing legislation, particularly through co-ordination with the Crown Prosecution Service.
Simon Fell
Con
Barrow and Furness
The CMA is holding the UK back in cyber security, making professionals face legal jeopardy for their work. The Act needs reform to support vulnerability research and threat intelligence without criminalising necessary activities. Simon Fell provided a concise summary of the case for reforming the Computer Misuse Act 1990, advocating for well-considered changes to address current security challenges.
Steven Baker
Con
Devon North
Mr Baker is concerned about the complexity and technical challenges involved in reforming the Computer Misuse Act. He notes that the subject of cyber-security is highly complex, requiring expertise from top 1% software engineers, which makes it difficult for non-experts to understand or legislate effectively. Mr Baker supports reform of the act but opposes an official register of professionals. I recommend the Minister read 'Peopleware', a classic in software engineering, which discusses the significant differences in competence between software engineers and raises interesting issues for consideration.
Cumbernauld, Kilsyth and Kirkintilloch East
Stuart C. McDonald discussed smart fridges and the evolving technological landscape, highlighting that everything from driverless cars to internet-connected devices is becoming a reality.
Stuart McDonald
SNP
Glasgow South
Welcomes the debate and acknowledges the need to revisit and revise the Computer Misuse Act due to technological advancements. Highlights that less than 1% of reports of hacking lead to prosecutions, suggesting the legislation is ineffective. Supports adding a defence to protect ethical hackers identifying vulnerabilities without exploiting them.
Government Response
Damian Hinds
Government Response
Responded to concerns about cyber-crime and the need for updated legislation under the Computer Misuse Act 1990. Acknowledged that cyber-crime accounted for around 15% of all crime. Discussed the importance of updating legislative frameworks and mentioned a £2.6 billion investment over three years towards cybersecurity measures. Emphasized ongoing reviews to ensure laws remain effective against evolving threats, while maintaining careful consideration to avoid undermining law enforcement capabilities.
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About Westminster Hall Debates
Westminster Hall debates are a chance for MPs to raise important issues affecting their constituents and get a response from a government minister. Unlike Prime Minister's Questions, these debates are more in-depth and collaborative. The MP who secured the debate speaks first, other MPs can contribute, and a minister responds with the government's position.