My reading of the Act - although I don't think there have ever been any relevant case histories - is that section 3 offenses are committed the intent is any one of:
a) impairing computer or program operation b) preventing access c) impairing the reliability of data
I would imagine vandalism would fall pretty squarely under (c).
Having looked into it further, I would agree it would have to go to summary trial which would mean a maximum 3 months in jail or £2,500 fine as the value of the damage is less than £2,000 (CJA88s38)
---- Original Message ----- From: "Phil Nash" pn007a2145@blueyonder.co.uk To: "English Wikipedia" wikien-l@lists.wikimedia.org Sent: Friday, 17 April, 2009 00:18:42 GMT +00:00 GMT Britain, Ireland, Portugal Subject: Re: [WikiEN-l] Rod Liddle, Spectator, on his Wikipedia article
Andrew Turvey wrote:
Glad to have an expert on hand!
Personally I think this would be more a section 3 offense (unauthorized modification) rather than section 1 (unauthorized access). Could there be a case here?
The problem is that the *unauthorised modification* under section 3 must be with "intent to degrade its operation".