Other recommendations: Although the inquiry had as its focus the Computer Misuse Act, the report makes it clear that many of the weapons to combat current cybercrimes may lie outside the CMA in more general criminal legislation and through a range of other actions. APIG's other recommendations include:
Legislation on Digital Rights Management Systems: rather than attempting to"shoehorn" DRMS systems into the CMA, the report calls on the Government to consult on specific new legislation in this area;
Measures to combat spyware and adware: the key legal issue relating to such programs is that of the user's consent (or lack of consent) to the gathering of his or her data. OFCOM should investigate this issue with a view to educating end-users and promoting codes of practice for software companies to improve awareness of, and reduce exposure to, the privacy risks posed by such programs. Consumer-protection legislation also has a role to play in ensuring that contracts are clear;
Raising awareness on the scope of the CMA: the report notes a "widespread ignorance of the current law" and the scope of activities which it already covers. It calls on the Home Office to promote awareness of the CMA via its website;
Fraud and misuse of trade secrets: many "new" crimes are adequately covered by existing legislation, or will be addressed by legislation already in the pipeline. For example, the Fraud Bill drafted by the Law Commission should be introduced as soon as possible. In particular, this would plug current loopholes in the current offence of obtaining services by deception, which does not cover deceiving a machine; the Law Commission should expedite its proposals on the law relating to misuse of trade secrets to address current loopholes in law relating to identity theft;
Security scanning: ISPs should to take proactive measures to scan to detect vulnerabilities. ISPs should develop best-practice standards in this area;
Reporting and statistics: the inquiry highlighted a dearth of statistics on cybercrime. The report recommends that the Home Office should undertake appropriate sampling to assist future policy formation.
The Olswang view APIG's two key recommendations -- clarifying that DoS attacks are a crime and making private prosecutions simpler -- will help make the UK even more inhospitable for cybercrooks. APIG's pragmatic conclusions reflect Olswang's view that what is required in the fight against cybercrime is not only a change of law but a change of approach. The report implicitly recognises that the CMA is not a "silver bullet", but that it needs to be employed in combination with other existing and planned laws and other measures.
For more information on this issue please contact Clive Gringras clive.gringras@olswang.com The information in this Update is for general interest only and readers should seek appropriate and specific legal advice before taking or refraining from any action.
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