Within Legal Limits

Why 'Just Exploring' Can Still Be Illegal

Public cybercrime prevention efforts target the belief that unauthorised exploration is consequence-free.

On this page

  • The Cyber Choices message
  • Common misunderstandings about access
  • Legal alternatives for learning skills
Preview for Why 'Just Exploring' Can Still Be Illegal

Introduction

The idea that “I was only looking” can sound harmless, especially in stories about curiosity-driven hacking such as the Gary McKinnon case. Yet one of the central messages of the UK’s Cyber Choices programme is that unauthorised access is not automatically excused because the motivation was curiosity, learning, or a belief that no harm would be done. In practice, many people who are interested in computers underestimate how quickly experimentation can cross a legal boundary. Cyber Choices was created specifically to address that gap in understanding by helping technically skilled people recognise the difference between legal exploration and criminal activity. [National Crime Agency+2National Crime Agency]nationalcrimeagency.gov.ukNational Crime AgencyCyber ChoicesThe Cyber Choices programme was created to help people make informed choices and to use their cyber ski…

Harmless Exploration illustration 1 Within the broader debate about UFO-motivated hacking and other curiosity-led intrusions, the programme’s significance lies in its focus on behaviour rather than motive. The key question is often not why someone accessed a system, but whether they had permission to do so. [National Crime Agency+2Legislation.gov.uk]nationalcrimeagency.gov.ukNational Crime AgencyCyber ChoicesThe Cyber Choices programme was created to help people make informed choices and to use their cyber ski…

The Cyber Choices Message

Cyber Choices is a National Crime Agency initiative delivered through police and regional cybercrime teams across the UK. Its purpose is not simply enforcement. It is an early-intervention programme designed to prevent technically capable people from drifting into cybercrime because they misunderstand the law or underestimate the consequences of their actions. National Crime Agency+2education.southwark.gov.uk [nationalcrimeagency.gov.uk]nationalcrimeagency.gov.ukNational Crime AgencyCyber ChoicesThe Cyber Choices programme was created to help people make informed choices and to use their cyber ski…

A recurring theme in Cyber Choices materials is that cyber skills are valuable and desirable, but they must be used within authorised environments. The programme explicitly focuses on cyber-dependent offences such as illegal hacking, unauthorised access to networks, denial-of-service attacks, and the development or deployment of malicious software. One of its stated aims is explaining the difference between legal and illegal cyber activity before individuals acquire criminal records or become involved in more serious offending. [National Crime Agency+2Met Police]nationalcrimeagency.gov.ukNational Crime AgencyYOUR FUTURE IS AT YOUR FINGERTIPSThe focus of the Cyber Choices network is on cyber dependent crime e.g. illegal hac…

This approach reflects a practical reality observed by law-enforcement agencies: many first-time offenders are not career criminals. Some are students, hobbyists, or enthusiasts who begin by testing boundaries and convincing themselves that passive observation is not really harmful. Cyber Choices seeks to challenge that assumption before experimentation becomes a criminal matter. [Tarian+2southeastcyber.police.uk]tarianrccu.org.ukTarian EducationTarianEducation - Tarian Regional Organised Crime UnitThe Computer Misuse Act 1990 criminalises unauthorised access to computers and tech…

The myth of harmless exploration rests on a misunderstanding of how computer misuse laws work. Many newcomers assume that damage, theft, or financial gain must occur before an action becomes illegal. In reality, the UK’s Computer Misuse Act was designed to criminalise unauthorised access itself. The law focuses on whether access was authorised, not whether the intruder believed they were acting harmlessly. [Legislation.gov.uk+2southeastcyber.police.uk]legislation.gov.ukComputer Misuse Act 1990An Act to make provision for securing computer material against unauthorised access or modification; and for conn…

This distinction matters in curiosity-driven cases. A person may:

  • Guess a password.
  • Use credentials they were not given permission to use.
  • Browse files on a system they do not own.
  • Enter a network simply to see what is there.

Even if they never alter data or seek financial gain, the unauthorised access can still fall within the scope of the Computer Misuse Act. Official guidance and educational materials repeatedly use examples involving unauthorised access without any sophisticated criminal objective, precisely because this is where many people misunderstand the law. [southeastcyber.police.uk+2ikandp]southeastcyber.police.ukcomputer misuse actThe Computer Misuse Act 1990Section 2 of the Computer Misuse Act makes it illegal to gain unauthorised access to a computer with the inte…

In the context of UFO-related hacking narratives, this point is especially relevant. Someone who believes secret information about extraterrestrial phenomena might exist on government systems may see themselves as a researcher or investigator. The law, however, does not automatically recognise that self-description. Without permission, entering the system remains the critical issue. [Legislation.gov.uk+2Crown Prosecution Service]legislation.gov.ukComputer Misuse Act 1990An Act to make provision for securing computer material against unauthorised access or modification; and for conn…

Common Misunderstandings About Access

“I didn’t damage anything”

One of the most common misconceptions is that harmless browsing cannot be illegal. Cyber Choices materials and Computer Misuse Act guidance repeatedly emphasise that unauthorised access is a distinct offence from damaging a system. Damage can make a case more serious, but it is not always required for legal consequences to arise. [southeastcyber.police.uk+2Legislation.gov.uk]southeastcyber.police.ukcomputer misuse actThe Computer Misuse Act 1990Section 2 of the Computer Misuse Act makes it illegal to gain unauthorised access to a computer with the inte…

Harmless Exploration illustration 2

“The system was poorly secured”

Another misunderstanding is that weak security somehow creates permission. People sometimes assume that if a password is easy to guess or a service is exposed to the internet, exploring it is acceptable. Cybercrime legislation generally does not treat technical vulnerability as consent. The legal question remains whether the user was authorised to access the system. [Legislation.gov.uk+2LexisNexis]legislation.gov.ukComputer Misuse Act 1990An Act to make provision for securing computer material against unauthorised access or modification; and for conn…

“I was only learning”

Cyber Choices exists partly because many technically curious people genuinely believe experimentation is an educational activity rather than a criminal one. Police and safeguarding materials associated with the programme repeatedly note that young people often cross legal boundaries unknowingly and that early intervention is intended to prevent criminalisation through ignorance. [southeastcyber.police.uk+2saferderbyshire.gov.uk]southeastcyber.police.ukParents and CarersIf we can intervene before this happens, putting young people through the Cyber Choices programme, and teaching them ab…

“Everyone does it”

Research and awareness campaigns have highlighted how widespread low-level unlawful cyber behaviour can be among younger users. The National Crime Agency has reported survey findings suggesting that a significant minority of children engage in behaviour that may breach the Computer Misuse Act. Widespread behaviour, however, does not make the activity lawful. [National Crime Agency]nationalcrimeagency.gov.ukNational Crime AgencyOne in five children found to engage in illegal activity onlineA recent survey of children aged 10-16 showed that 20…

A key feature of Cyber Choices is that it does not simply tell people what not to do. It also promotes legal ways to develop technical expertise. The programme’s philosophy is that curiosity and cyber talent are positive traits when directed into authorised environments. [National Crime Agency+2southeastcyber.police.uk]nationalcrimeagency.gov.ukNational Crime AgencyCyber ChoicesThe Cyber Choices programme was created to help people make informed choices and to use their cyber ski…

Examples of lawful skill development include:

  • Using intentionally designed training platforms and cyber ranges.
  • Participating in capture-the-flag competitions and security challenges.
  • Studying defensive cybersecurity techniques in authorised laboratory environments.
  • Taking part in educational programmes, school activities, and recognised cyber-skills initiatives.
  • Conducting security testing only where explicit permission has been granted. National Crime Agency+2education.southwark.gov.uk [nationalcrimeagency.gov.uk]nationalcrimeagency.gov.ukcyber crimeNational Crime AgencyPlay the Cyber Choices Challenge 2023Test your knowledge of the Computer Misuse Act 1990, show off your gaming skill…

This distinction between authorised and unauthorised environments is fundamental. Cybersecurity professionals routinely investigate systems, identify vulnerabilities, and test defences. The difference is that they do so with permission, contractual authority, or within clearly defined legal frameworks. That is the path Cyber Choices encourages individuals to follow. [Practical Law+2National Crime Agency]uk.practicallaw.thomsonreuters.comThose working in the IT…Read more…

Harmless Exploration illustration 3

Why the Message Matters in UFO-Hacking Discussions

Stories such as Gary McKinnon’s remain compelling because they appear to involve curiosity rather than conventional criminal motives. Yet Cyber Choices reflects a broader lesson drawn from decades of cybercrime prevention: motivations can vary enormously, but the legal boundary is often much simpler than people expect. [National Crime Agency]nationalcrimeagency.gov.ukNational Crime AgencyCyber ChoicesThe Cyber Choices programme was created to help people make informed choices and to use their cyber ski…

The programme’s core intervention is therefore educational rather than technical. It challenges the belief that exploring a system is harmless if the explorer is merely searching for information, testing skills, or satisfying curiosity. In legal terms, the absence of malicious intent may affect how a case is viewed, but it does not automatically transform unauthorised access into a lawful activity. Understanding that distinction is exactly what Cyber Choices is designed to teach. Legislation.gov.uk+3National Crime Agency+3education.southwark.gov.uk [nationalcrimeagency.gov.uk]nationalcrimeagency.gov.ukNational Crime AgencyCyber ChoicesThe Cyber Choices programme was created to help people make informed choices and to use their cyber ski…

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Endnotes

  1. Source: nationalcrimeagency.gov.uk
    Link: https://www.nationalcrimeagency.gov.uk/cyber-choices
    Source snippet

    National Crime AgencyCyber ChoicesThe Cyber Choices programme was created to help people make informed choices and to use their cyber ski...

  2. Source: nationalcrimeagency.gov.uk
    Link: https://www.nationalcrimeagency.gov.uk/who-we-are/publications/807-cyber-choices-brochure-2026-18-plus/file
    Source snippet

    National Crime AgencyYOUR FUTURE IS AT YOUR FINGERTIPSThe focus of the Cyber Choices network is on cyber dependent crime e.g. illegal hac...

  3. Source: southeastcyber.police.uk
    Link: https://southeastcyber.police.uk/cyber-choices/
    Source snippet

    Cyber ChoicesCyber Choices is all about helping young people to make the right choices in their online behaviour. We want to support them...

  4. Source: legislation.gov.uk
    Link: https://www.legislation.gov.uk/ukpga/1990/18/section/1
    Source snippet

    Computer Misuse Act 1990An Act to make provision for securing computer material against unauthorised access or modification; and for conn...

  5. Source: cps.gov.uk
    Title: computer misuse act
    Link: https://www.cps.gov.uk/prosecution-guidance/computer-misuse-act
    Source snippet

    Crown Prosecution ServiceComputer Misuse Act5 Feb 2020 — Section 2: Unauthorised access with intent to commit or facilitate commission of...

  6. Source: education.southwark.gov.uk
    Link: https://education.southwark.gov.uk/assets/attach/9599/Cyber-Choices-Guidance.pdf
    Source snippet

    Programme AimsCyber Choices is a voluntary, early intervention programme that seek to promote the positive aspects of the cyber world, wh...

  7. Source: saferderbyshire.gov.uk
    Title: Cyber Choices Toolkit
    Link: https://www.saferderbyshire.gov.uk/what-we-do/cyber-crime/current-campaigns-and-tools/cyber-choices-toolkit/cyber-choices-toolkit.aspx
    Source snippet

    a safer DerbyshireCyber Choices is an early intervention programme, developed by the National Crime Agency and delivered by the Cyber Cho...

  8. Source: met.police.uk
    Link: https://www.met.police.uk/cyberchoices
    Source snippet

    Cyber ChoicesCyber Choices is a national programme designed to reduce cyber crime, including illegal hacking of computers and networks, d...

  9. Source: southeastcyber.police.uk
    Link: https://southeastcyber.police.uk/parentsandcarers/
    Source snippet

    Parents and CarersIf we can intervene before this happens, putting young people through the Cyber Choices programme, and teaching them ab...

  10. Source: southeastcyber.police.uk
    Title: computer misuse act
    Link: https://southeastcyber.police.uk/computer-misuse-act/
    Source snippet

    The Computer Misuse Act 1990Section 2 of the Computer Misuse Act makes it illegal to gain unauthorised access to a computer with the inte...

  11. Source: lexisnexis.com
    Title: computer hacking misuse under the computer misuse act 1990
    Link: https://www.lexisnexis.com/en-gb/legal/guidance/computer-hacking-misuse-under-the-computer-misuse-act-1990
    Source snippet

    Computer Misuse Act 1990 (UK): unauthorised access...21 May 2026 — The Computer Misuse Act 1990 (CMA 1990) was primarily passed to tackl...

    Published: May 2026

  12. Source: nationalcrimeagency.gov.uk
    Link: https://www.nationalcrimeagency.gov.uk/news/one-in-five-children-found-to-engage-in-illegal-activity-online
    Source snippet

    National Crime AgencyOne in five children found to engage in illegal activity onlineA recent survey of children aged 10-16 showed that 20...

  13. Source: nationalcrimeagency.gov.uk
    Title: cyber crime
    Link: https://www.nationalcrimeagency.gov.uk/what-we-do/crime-threats/cyber-crime?catid=2&id=2723&view=article
    Source snippet

    National Crime AgencyPlay the Cyber Choices Challenge 2023Test your knowledge of the Computer Misuse Act 1990, show off your gaming skill...

  14. Source: cps.gov.uk
    Link: https://www.cps.gov.uk/prosecution-guidance/cybercrime-prosecution-guidance
    Source snippet

    prosecution guidance1 May 2018 — This guidance provides a summary of the main types of cybercrime offending and highlights where further...

    Published: May 2018

  15. Source: nationalcrimeagency.gov.uk
    Link: https://www.nationalcrimeagency.gov.uk/cyber-choices-ransomware

  16. Source: nationalcrimeagency.gov.uk
    Link: https://www.nationalcrimeagency.gov.uk/what-we-do/how-we-work/providing-specialist-capabilities-for-law-enforcement/fugitives-and-international-crime?catid=2&id=2723%3Acyber-choices-challenge-2023&view=article
    Source snippet

    Play the Cyber Choices Challenge 2023Test your knowledge of the Computer Misuse Act 1990, show off your gaming skills, and make the right...

  17. Source: GOV.UK
    Link: https://www.gov.uk/government/consultations/review-of-the-computer-misuse-act-1990/review-of-the-computer-misuse-act-1990-consultation-and-response-to-call-for-information-accessible
    Source snippet

    of the Computer Misuse Act 1990: consultation and...14 Nov 2023 — The section 1 CMA offence of unauthorised access to computer material...

  18. Source: youtube.com
    Title: Teenage cybercrime: Help your child make the right #Cyber Choices
    Link: https://www.youtube.com/watch?v=DjYrxzSe3DU
    Source snippet

    National Crime Agency | Cyber Choices...

  19. Source: youtube.com
    Title: National Crime Agency | Cyber Choices
    Link: https://www.youtube.com/watch?v=UIoGmA4VwEk

  20. Source: tarianrccu.org.uk
    Title: Tarian Education
    Link: https://www.tarianrccu.org.uk/education/
    Source snippet

    TarianEducation - Tarian Regional Organised Crime UnitThe Computer Misuse Act 1990 criminalises unauthorised access to computers and tech...

  21. Source: open.edu
    Link: https://www.open.edu/openlearn/ocw/mod/oucontent/view.php?id=80038&section=_unit8.3.3
    Source snippet

    The Open University2.3 The Computer Misuse Act 1990 (CMA)The original Act introduced three new criminal offences: unauthorised access to...

  22. Source: ikandp.co.uk
    Title: mputer misuse act offences
    Link: https://www.ikandp.co.uk/computer-misuse-act-offences
    Source snippet

    There are various offences covered by the sections of the Computer Misuse Act 1990. Section 1 deals with offence of unauthorised access t...

  23. Source: stannescatholicprimary.com
    Title: Cyber Choices
    Link: https://www.stannescatholicprimary.com/wp-content/uploads/2023/07/Under-12s-Cyber-Choices.pdf
    Source snippet

    Page 6. Unauthorised access with intent to commit or facilitate commission of further offences.Read more...

  24. Source: ssslearning.co.uk
    Title: cyber choices
    Link: https://ssslearning.co.uk/safeguarding-articles/cyber-choices?srsltid=AfmBOoov1vaH0FSvrjs1RZGyzxEpxPKFEPaHw7M0rw-Df2JyPYkNJMne
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    SSS Learning LimitedUnderstanding Children's Cyber Choices: A Call to Action19 Mar 2024 — With one in five children aged 10-16 found to e...

  25. Source: uk.practicallaw.thomsonreuters.com
    Link: https://uk.practicallaw.thomsonreuters.com/2-379-9391?contextData=%28sc.Default%29&transitionType=Default
    Source snippet

    Those working in the IT...Read more...

  26. Source: sites.google.com
    Title: computer misuse act
    Link: https://sites.google.com/rgc.aberdeen.sch.uk/rgc-highercomputing/computer-systems/security-risks-and-precautions/computer-misuse-act
    Source snippet

    · Unauthorised access with intent to commit or facilitate commission of further offences.Read more...

Additional References

  1. Source: cscp.org.uk
    Link: https://cscp.org.uk/wp-content/uploads/2021/06/Teachers-Cyber-Choices-Brochure_Online.pdf
    Source snippet

    Cyber ChoicesA range of these information packs are available offering information for various age groups, as well as a leaflet that expl...

  2. Source: cscp.org.uk
    Link: https://cscp.org.uk/wp-content/uploads/2021/06/Parents-Guardians-Carers-Cyber-Choices-Brochure_Online.pdf
    Source snippet

    Cyber ChoicesUnauthorised access with intent to commit or facilitate commission of further offences. Unauthorised acts with intent to imp...

  3. Source: crimestoppers-uk.org
    Link: https://crimestoppers-uk.org/fearless/more-info/crime-types-explained/cyber-crime
    Source snippet

    Cyber offences explainedCyber offences are committed when someone is using a computer or other digital technology. There are two main typ...

  4. Source: nwrocu.uk
    Link: https://www.nwrocu.uk/protecting-you/cybercrime/cyber-resources
    Source snippet

    cyber choicesThe brochures provide detailed advice on how to help individuals who may be vulnerable to becoming involved in cyber-crime o...

  5. Source: pshe-association.org.uk
    Link: https://pshe-association.org.uk/lesson-plans/nca-cyber-choices
    Source snippet

    NCA: Making the right #CyberChoicesWe've worked with the National Crime Agency (NCA) on a free lesson pack to help upper KS2 pupils make...

  6. Source: media.product.which.co.uk
    Link: https://media.product.which.co.uk/prod/files/file/gm-a7246a37-2a00-4085-a831-f263019651e7-which-response-to-computer-misuse-act-1990-call-for-information.pdf
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    which.co.ukWhich? Response to Computer Misuse Act 19908 Jun 2021 — Updated guidance on fair use of tools, such as port scanning, so that...

  7. Source: criminaldefencebarrister.co.uk
    Title: offences under the computer misuse act 1990 a practical guide
    Link: https://www.criminaldefencebarrister.co.uk/criminal-defence-barrister-blog/2025/offences-under-the-computer-misuse-act-1990-a-practical-guide/
    Source snippet

    Offences under the Computer Misuse Act 1990 – A Practical...This article explains the key offences under the Computer Misuse Act 1990, i...

  8. Source: cyberupcampaign.com
    Title: cyberup view on the dojs new guidance for prosecutors
    Link: https://www.cyberupcampaign.com/news/cyberup-view-on-the-dojs-new-guidance-for-prosecutors
    Source snippet

    CyberUp view on the DoJ's new guidance for prosecutors6 Jun 2022 — The CFAA is the US equivalent to the UK's Computer Misuse Act (CMA) –...

  9. Source: bristolsafeguardingineducation.org
    Link: https://www.bristolsafeguardingineducation.org/media/v2hlcm33/safeguarding-leaflet.pdf
    Source snippet

    We can do this on a 1:1 basis, as a workshop or more long...Read more...

  10. Source: jdspicer.co.uk
    Title: what is the computer misuse act
    Link: https://www.jdspicer.co.uk/site/blog/crime-fraud/what-is-the-computer-misuse-act
    Source snippet

    ?12 Sept 2023 — What are the sentencing guidelines for the Computer Misuse Act? · Unauthorised access to computer material – Maximum sent...

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Legal Limits When Curiosity Becomes a Computer Crime

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