Hacking

Hacking is the unauthorised access to a computer. The attitudes to hacking vary. The fifth Report of the UK Data Protection Registrar (1989) was concerned at the threatened criminilisation of what they regarded as a ìjuvenile hobbyî. In similar terms, the author of the Hackers Handbook (Cornwall 1985) described hacking as ìÖa recreational sport Ö[where] the process of getting in is much more satisfying than what is discovered in the protected computer filesî. To others, hacking represents a serious threat to the integrity of IT systems and involves considerable expense in rectifying breaches of security. In some surveys of users hacking ranked as a source of concern above computer relate fraud.

From an ethical standpoint, there are two views that may be taken. From the ìvictimísî perspective, hacking violates their right to privacy, confidentiality and ownership. Hacking can be seen as trespass although evidence of it may be undetectable. From the Hackerís perspective, there are a number of circumstantial reasons why hacking may be ethically acceptable. The hacked information may be unjustifiably kept confidential and the hacker might believe that such information should be available to the public.

Legal Slant:

The existing criminal law may not cover unauthorised access to a computer or computer data. Traditionally, the criminal law has not regarded unauthorised use of another personís property (in conventional terms of trespass or borrowing) as a crime. There is one jurisdiction in Australia, Queenslandís section 408C of the Criminal Code that has criminilised the unauthorised use of anotherís property. In 1988 the Summary Offences Act 1966 (Vic) was ammended and the offence of Computer Trespass was created. This is a summary offence punishable by 6 months inprisonment.

Existing offences are sometimes used to criminilise hacking;
1. Forgery e.g.; Gold & Schifreen [1988] 2 W.L.R. 984 (H.L)
2. Theft e.g.; Lund v Commonwealth of Virginia 217 VA 688, 232 SE 2d 745 (1977)
3. Abstraction of Electricity
4. Telecommunications Offences - see; Telecommunications (Interception) Act 1979 (Commonwealth)