Crime bill overlooks IT offences

Experts criticise government's lack of focus on IT crime

New Home Office proposals for a Serious Crime Bill to crack down on organised crime do not give enough consideration to IT-based offences, experts have warned.
The proposals include crime prevention orders that can be used against individuals and firms, and improvements to data sharing.

However, John Barker, a solicitor with law firm Chadwick Lawrence, said the bill is evidence of the government’s lack of focus on IT crime.

“Crimes under the Computer Misuse Act 1990 are not included within the [proposal’s] definition of ‘serious offences’,” Barker said. “[The government] needs to decide if it considers IT crime to be serious. If it does, it needs to specifically legislate against [IT offences] and give the police the power to investigate cases.”

Microsoft also criticised the Home Office for not doing enough to counter IT crime in a written submission to parliament last week. The software giant said UK police needed more resources to fight problems such as phishing and identity theft.

A separate anti-fraud law that came into force last week could help crack down on certain online crimes, however. The 2006 Fraud Act covers prosecution of those involved in the creation of software designed to be used in connection with fraud.

“The new rules could lead to a 10-year prison sentence for people that carry out phishing attacks,” said Rosemary Jay, a lawyer with Pinsent Masons.
In related news, the US Department of Justice has released a guide for law enforcement officers, advising on areas such as copyright theft and malware.