Commons Sense

House of Commons · Westminster Hall

Computer Misuse Act 1990

19 April 2022 · 8 other contributors · 10,922 words

Opened by Jamie Wallis Con Bridgend

Responding minister: Damian Hinds

Summarised by AI from the official record, so it can contain mistakes.

At a glance

Jamie Wallis raised concerns about computer misuse act 1990 in Westminster Hall. A government minister responded.

Key points

  • Concerns raised about the outdated Computer Misuse Act 1990, which does not address contemporary cyber threats and hinders threat intelligence research.
  • Specific asks of government include expediting the review of the Computer Misuse Act 1990 to protect cyber-security professionals acting in the public interest.
  • Minister acknowledged the need for updated legislation and ongoing reviews to ensure laws remain effective against evolving cyber threats.

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.

Opened the debate

Jamie Wallis Con Bridgend

I am concerned about the outdated Computer Misuse Act 1990, which was introduced when Margaret Thatcher was Prime Minister and before the internet became widely used.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.

Other contributors (8)
  • 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    Ms Lynch highlighted the urgent need for reform of the Computer Misuse Act 1990 due to its outdated nature and lack of effectiveness in tackling modern cyber-crime.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.

  • Stuart C. McDonald SNP 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

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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