Computer Misuse : Response, Regulation and the Law

Description

This book is concerned with the nature of computer misuse and the legal and extra-legal responses to it. It explores what is meant by the term 'computer misuse' and charts its emergence as a problem as well as its expansion in parallel with the continued progression in computing power, networking, reach and accessibility. In doing so, it surveys the attempts of the domestic criminal law to deal with some early manifestations of computer misuse and the consequent legislative passage of the Computer Misuse Act 1990. This book will be of interest to students of IT law as well as to sociologists a.  Read more... Abstract: This book is concerned with the nature of computer misuse and the legal and extra-legal responses to it. It explores what is meant by the term 'computer misuse' and charts its emergence as a problem as well as its expansion in parallel with the continued progression in computing power, networking, reach and accessibility. In doing so, it surveys the attempts of the domestic criminal law to deal with some early manifestations of computer misuse and the consequent legislative passage of the Computer Misuse Act 1990. This book will be of interest to students of IT law as well as to sociologists a Content: Cover Computer Misuse Title Page Copyright Page Table of Contents List of abbreviations List of figures and tables Table of cases Table of legislation Acknowledgements Preface 1 Introduction Principal research questions and chapter structure Terminology Part 1 Constructing the problem of computer misuse 2 The emergence of the problem of computer misuse A brief history of computing Manifestations of computer misuse Pre-1990 regulation The genesis of the Computer Misuse Act 1990 The Computer Misuse Act 1990 Conclusion 3 The evolution of the problem of computer misuse. The evolution of computing and computer misuse post-1990Prosecutions under the Computer Misuse Act 1990 Interpretation of the Computer Misuse Act 1990 Limitations and proposals for reform The Police and Justice Act 2006 Alternative domestic criminal legislation Conclusion 4 Computer misuse and the criminal law Theories of criminal law The instrumentalist construction of the criminal law The moralistic construction of the criminal law The structural conflict theory of criminal law The interactionist theory of criminal law Computer misuse as a public or private wrong. Computer misuse and jurisdictionConclusion Part 2 The governance of computer misuse 5 The risk of computer misuse and its governance Risk The realist perspective on risk Constructionist perspectives on risk Cultural and symbolic perspectives on risk The 'risk society' The role of the state and governmentality Governance The precautionary principle Risk, computer misuse and the domestic criminal law 6 The legal governance of computer misuse: beyond the domestic criminal law European Union initiatives Council of Europe initiatives Commonwealth initiatives. United Nations initiativesGroup of Eight initiatives Computer misuse and legal governance 7 The extra-legal governance of computer misuse Frameworks for extra-legal governance Warning and response systems Education and public engagement Technical regulation Conclusion Part 3 Examining the solution 8 The constellation of control Principal research findings Conclusion Appendix: Outline research methodology Bibliography Index.