UK Government Weighs Revision of Computer Misuse Act

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Security Minister Dan Jarvis Advocates for Protection of Security Researchers

UK Government Considers Computer Misuse Act Revision
Minister for Security’s official portrait, July 2024. (Image: UK Home Office/CC BY 2.0)

The U.K. government is contemplating revisions to its Computer Misuse Act, originally enacted over thirty years ago, to provide legal protections for security researchers. In a recent statement, Security Minister Dan Jarvis expressed concerns that the existing law may deter ethical hackers from conducting vital activities such as bug bounty programs.

At a Financial Times cybersecurity summit, Jarvis indicated that the government aims to implement a “statutory defense” for researchers, allowing them to identify and report vulnerabilities without the fear of legal repercussions. The current framework, established in 1990, criminalizes unauthorized access to computer systems, which complicates the legal landscape for security research.

“These researchers are crucial in fortifying U.K. systems and addressing unknown vulnerabilities,” Jarvis remarked. “Rather than pushing them away, we should encourage their contributions.” The proposed changes would enable researchers to responsibly discover and disclose weaknesses in systems while minimizing potential legal risks.

British cybersecurity authorities have been vocal in urging the government to revise the Computer Misuse Act, arguing that its outdated provisions hinder the growth of the sector. Concerns from within the government have also emerged, highlighted by testimonies from the National Crime Agency’s director general, emphasizing that the law’s limitations hinder effective law enforcement (see: AI-Enabled Crimes Are Already Here, UK NCA Chief Says).

In 2024, the Labour government proposed amendments intended to safeguard good-faith researchers as part of the Data Use and Access Bill. However, it failed to gain the necessary parliamentary approval, leading to further calls for reform in supporting ethical hacking efforts (see: Proposed UK White Hat Legal Shield Fails in House of Lords).

A representative from the Cyber-Up campaign, a coalition advocating for updates to the Computer Misuse Act, has stated that the minister’s recent remarks signal a recognition of the importance of enabling security researchers to conduct their work without the threat of prosecution.

Verona Johnstone-Hulse, head of government affairs at NCC Group and a longstanding advocate for the Act’s revision, emphasized the necessity of modernizing legal protections to include threat intelligence. “Without a contemporary legal framework, those dedicated to our cybersecurity face significant legal risks,” she asserted.

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