Question

Tim’s Tiny Tools (TTT) is a fictional UK manufacturer of specialist equipment for model makers. TTT sell their products all around the world through the TTT website. Customers must create accounts on the TTT website before they can place an order. As well as buying from TTT, user accounts are used to distribute marketing materials as well as enabling users to communicate with fellow model makers on the TTT discussion forums.

To create an account customers are required by TTT to provide their full name, full address, email address, telephone number and a password.

In July 2017, a fraudster, Trudy, pretended to be a courier in order to access the TTT offices. Trudy was successful in gaining full access to the TTT offices. Using a computer in one empty TTT office, Trudy installed a Trojan capable of stealing the contents of databases and destroying hard disks. The malware extracted a copy of the TTT customer database and sent it to Trudy’s home computer.

Six months after the attack, some TTT customers whose data was stolen were victims of telephone fraud. A police investigation identifies Trudy as the person who introduced the malware onto the TTT computers. Further investigations in co-operation with Trudy’s bank reveal that she defrauded TTT customers of approximately £250,000. Trudy is now facing one or more charges under the Computer Misuse Act 1990 (CMA). Use your knowledge of the CMA to answer the following question.

Has Trudy breached Section 2 of the CMA?

Use an argument, as introduced in Block 3 Part 4 and Block 3 Part 5, to explain your answer. For each of the items of Section 2, explain why it applies or does not apply to the situation that is described above. You may present your arguments as text only or also include an argument map.

Answer 1

Yes Trudy had breached Section 2 of the CMA because she had accessed some unauthorized content.
According to this Section A person who intends to access some unauthorized content he/she is guilty.It is illegal for the purposes of this section if unauthorized access is committed on any future occasion or on the same occasion.
Since Trudy was caught after 6 months so now according to this section whether criminal commits on the same occasion or any future occasion he/she is guilty for which the sentence is fixed by law. So in the given condition Section 2 of CMA is applied on Trudy.