header-logo header-logo

Home Login E-newsletter About us

Cyber crime

© Copyright LexisNexis 2025. All Rights Reserved.
01 February 2007 / Stefan Fafinski
Issue: 7258 / Categories: Features , Technology
printer mail-detail

Can legislation keep pace with technological developments? asks Stefan Fafinski

DPP v Lennon [2006] EWHC 1201 (Admin), [2006] All ER (D) 147 (May) neatly illustrates the shortcomings of the Computer Misuse Act 1990 (CMA 1990) and its seeming inability to keep pace with technological development (see 156 NLJ 7248, p 1712). Lennon concerned so-called ‘denial-of-service’ attacks in which information technology systems are overwhelmed with data, leaving them running slowly or utterly disabled.

Fortune teller’s view

CMA 1990 came about as a result of difficulties with the pre-existing law as it was stretched to encompass previously un-encountered mischief resulting from technological advances. Ironically, and perhaps unsurprisingly, 16 years on it suffered similar problems of scope. CMA 1990 was originally drafted with a fortune teller’s view of how computers might be attacked, with no possible foresight concerning technology’s evolution and potential application to cause harm. There have been three attempts to introduce amendment Bills to update CMA 1990 in response to public and industry concern about denial-of-service attacks. These Bills generally failed for lack of Parliamentary time.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Read All
Sponsored by
Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
Read All
NLJ this week: Law Society calls for clarity on AML
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
NLJ this week: Turning corporate liability into opportunity
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
NLJ this week: A prince no more?
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
NLJ this week: Shareholder secrecy sunk
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
NLJ this week: The expanding remit of national security law
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
Copyright © 2025 LexisNexis
back-to-top-scroll