Section 1 of the Computer Misuse Act states that it is a criminal offence to gain unauthorised access to computer material.

An individual is guilty of an offence if:

· They cause a computer to perform any function with intent to secure access to any program or data held in any computer, or to enable any such access to be secured

· The access they intend to secure, or enable to be secured, is unauthorised and

· That they know at the time that this is the case

The intent an individual has to have to commit an offence under Section1 of CMA does not need to be directed at:

· A particular program or data

· A specific kind of program

· A specific computer

This means that any unauthorised access to data or a computer, where the attacker knows they are not authorised, is a criminal offence.

Should an individual be found guilty of a breach of CMA Section 1, they may be liable to:

· On summary conviction (a minor offence) up to 12 months in prison or a fine

· On conviction on indictment (a serious offence) up to 2 years in prison or a fine

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