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01 February 2007 / Stefan Fafinski
Issue: 7258 / Categories: Features , Technology
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Cyber crime

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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.

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