Within Motive
When Curiosity Becomes Computer Misuse
UK law separates curiosity, intent and harm, but deliberate unauthorised access remains the starting offence.
On this page
- What unauthorised access means
- How intent affects seriousness
- Why motive does not create permission
Page outline Jump by section
Introduction
In discussions of UFO-motivated hackers such as Gary McKinnon, one of the most important legal points is often overlooked: under UK law, curiosity is not the same thing as permission. The Computer Misuse Act 1990 (CMA) was designed to criminalise unauthorised access to computer systems, regardless of whether the person involved was seeking money, intelligence, political advantage or simply answers to questions they believed were being hidden. The law therefore helps explain why a non-financial motive, including a search for alleged UFO evidence, does not automatically excuse an intrusion. [Legislation.gov.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 sits at the heart of the broader debate about UFO-related hacking. A person may genuinely believe they are investigating a public-interest mystery, yet still commit a criminal offence if they deliberately access systems without authorisation. The Computer Misuse Act separates motive from permission and then considers motive mainly when assessing seriousness, public interest and sentencing. [Crown Prosecution Service]cps.gov.ukcomputer misuse actCrown Prosecution ServiceComputer Misuse Act5 Feb 2020 — Section 1: Unauthorised access to computer material; Actus Reus; Mens rea; Secti…
What Unauthorised Access Means
The starting point of the Computer Misuse Act is Section 1, which creates the offence of unauthorised access to computer material. In simple terms, a person commits the offence if they intentionally cause a computer to perform a function in order to gain access to data or programs while knowing that the access is unauthorised. [Legislation.gov.uk]legislation.gov.ukComputer Misuse Act 19901 Unauthorised access to computer material.U.K. · (1)A person is guilty of an offence if— · (a)he causes a comput…
What matters is not whether information is copied, altered or sold. The offence focuses first on the act of obtaining access without permission. UK prosecutorial guidance emphasises that the person must know the access is unauthorised, but it is not necessary to prove financial gain or further damage for the basic offence to exist. [Crown Prosecution Service]cps.gov.ukcomputer misuse actCrown Prosecution ServiceComputer Misuse Act5 Feb 2020 — Section 1: Unauthorised access to computer material; Actus Reus; Mens rea; Secti…
This principle is particularly relevant to so-called curiosity hacking. Consider a person who discovers weak passwords, enters a government system, and browses files solely to see what is there. If the access was deliberate and unauthorised, the legal issue arises before any question of what was found. The law is aimed at protecting the integrity of systems and the authority of system owners to decide who may enter them. [Legislation.gov.uk+2University of Glasgow]legislation.gov.ukComputer Misuse Act 19901 Unauthorised access to computer material.U.K. · (1)A person is guilty of an offence if— · (a)he causes a comput…
The approach also reflects a practical security reality. Once an unknown individual enters a network, administrators cannot immediately know whether the visitor is a harmless enthusiast, a criminal, a hostile intelligence actor or someone preparing a later attack. Organisations therefore have to treat unauthorised access as a security incident regardless of the intruder’s stated intentions. [National Cyber Security Centre]ncsc.gov.uk2 protect the product from unauthorised accessNational Cyber Security Centre2. Protect the product from unauthorised access10 May 2022 — All assets used to design and build the produc…
How Intent Affects Seriousness
Although the Computer Misuse Act criminalises unauthorised access itself, intent still matters. The Act contains escalating offences that distinguish between simple unauthorised access and more serious conduct. Section 2 covers unauthorised access carried out with the intention of committing or facilitating another offence, while later provisions address actions that impair systems or create risks of serious damage. Crown Prosecution Service+2JD Spicer Zeb Solicitors [cps.gov.uk]cps.gov.ukcomputer misuse actCrown Prosecution ServiceComputer Misuse Act5 Feb 2020 — Section 1: Unauthorised access to computer material; Actus Reus; Mens rea; Secti…
This structure shows how UK law separates different questions:
- Did the person access a system without permission?
- Why did they do it?
- What consequences followed?
A curiosity-driven intruder may not have intended fraud, theft or espionage. That can matter when assessing culpability. However, the absence of a more sinister objective does not erase the underlying unauthorised-access offence. [Crown Prosecution Service]cps.gov.ukcomputer misuse actCrown Prosecution ServiceComputer Misuse Act5 Feb 2020 — Section 1: Unauthorised access to computer material; Actus Reus; Mens rea; Secti…
The Home Office’s review of the Computer Misuse Act continues to treat unauthorised access as the foundation offence from which more serious conduct can escalate. Even where no further offence is alleged, Parliament has maintained criminal penalties for unauthorised access because the act itself creates risks and imposes costs on victims. [GOV.UK]GOV.UKReview of the Computer Misuse Act 1990: consultation and…14 Nov 2023 — The section 1 CMA offence of unauthorised access to computer ma…
This distinction is important when analysing cases that become culturally associated with whistleblowing, conspiracy theories or hidden-information claims. A court may consider motive as part of the overall picture, but motive and legality remain separate questions.
Why Motive Does Not Create Permission
One of the most common misunderstandings in discussions of curiosity hacking is the belief that a sincere motive can transform unauthorised access into something resembling investigation or research.
The Computer Misuse Act generally rejects that idea. Authorisation comes from the system owner or another lawful source of permission, not from the intruder’s belief that information ought to be public. A person cannot normally create their own authority to access a system simply because they think the information inside is important. [Legislation.gov.uk+2University of Glasgow]legislation.gov.ukComputer Misuse Act 19901 Unauthorised access to computer material.U.K. · (1)A person is guilty of an offence if— · (a)he causes a comput…
This principle explains why UFO-related motivations occupy an unusual legal position. Someone who believes evidence of extraterrestrial visitation is being concealed may view their actions as fact-finding rather than criminality. Yet from the perspective of the law, the central question remains whether they were authorised to enter the system. If not, the offence analysis begins there. [Legislation.gov.uk]legislation.gov.ukComputer Misuse Act 19901 Unauthorised access to computer material.U.K. · (1)A person is guilty of an offence if— · (a)he causes a comput…
The same logic applies outside the UFO context. A journalist, activist, researcher or enthusiast may believe a database contains information of public significance. Unless they have lawful authority, deliberately entering the system without permission risks falling within the scope of the Act. The law therefore places considerable weight on formal authorisation rather than personal conviction. [University of Glasgow]gla.ac.ukUniversity of Glasgow My GlasgowUniversity of GlasgowMyGlasgow - IT - Policy - Computer Misuse Act (1990)Computer Misuse Act (1990) creates three criminal offences. This…
The McKinnon Example and the Curiosity-Hacking Debate
Gary McKinnon’s case remains one of the most famous examples of curiosity-driven hacking because he consistently described himself as searching for evidence relating to UFOs, advanced technology and alleged government secrecy. Whether those beliefs were justified was largely separate from the legal question. The central issue was the alleged unauthorised access to government and military computer systems. [Crown Prosecution Service]cps.gov.ukcomputer misuse actCrown Prosecution ServiceComputer Misuse Act5 Feb 2020 — Section 1: Unauthorised access to computer material; Actus Reus; Mens rea; Secti…
The case continues to resonate because it highlights a tension that still exists in cyber policy. Many people instinctively distinguish between a curious seeker and a malicious cybercriminal. The law recognises that distinction to some extent when considering intent, harm and sentencing. Yet it also insists that curiosity alone cannot serve as a legal permission slip. Deliberately entering systems without authorisation remains the starting offence because the owner of the system loses control over who can access it and what risks that access may create. [Crown Prosecution Service+2Crown Prosecution Service]cps.gov.ukcomputer misuse actCrown Prosecution ServiceComputer Misuse Act5 Feb 2020 — Section 1: Unauthorised access to computer material; Actus Reus; Mens rea; Secti…
For readers trying to understand UFO-motivated hacking, that is the key lesson of the Computer Misuse Act. The law may distinguish between curiosity, profit, espionage and sabotage when judging seriousness, but it does not treat curiosity as a defence to deliberate unauthorised access. The moment someone knowingly crosses a digital boundary without permission, the legal analysis has already begun. [Legislation.gov.uk+2Crown Prosecution Service]legislation.gov.ukComputer Misuse Act 19901 Unauthorised access to computer material.U.K. · (1)A person is guilty of an offence if— · (a)he causes a comput…
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Endnotes
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Source: legislation.gov.uk
Link: https://www.legislation.gov.uk/ukpga/1990/18/contentsSource snippet
Computer Misuse Act 1990An Act to make provision for securing computer material against unauthorised access or modification; and for conn...
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Source: legislation.gov.uk
Link: https://www.legislation.gov.uk/ukpga/1990/18/section/1Source snippet
Computer Misuse Act 19901 Unauthorised access to computer material.U.K. · (1)A person is guilty of an offence if— · (a)he causes a comput...
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Source: cps.gov.uk
Title: computer misuse act
Link: https://www.cps.gov.uk/prosecution-guidance/computer-misuse-actSource snippet
Crown Prosecution ServiceComputer Misuse Act5 Feb 2020 — Section 1: Unauthorised access to computer material; Actus Reus; Mens rea; Secti...
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Source: cps.gov.uk
Title: Crown Prosecution Service Cybercrime
Link: https://www.cps.gov.uk/prosecution-guidance/cybercrime-prosecution-guidanceSource snippet
Cybercrime - prosecution guidance1 May 2018 — Section 1 CMA 1990 – causing a computer to perform a function with intent to secure unautho...
Published: May 2018
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Source: ncsc.gov.uk
Title: 2 protect the product from unauthorised access
Link: https://www.ncsc.gov.uk/collection/technology-assurance/principles-through-life/2-protect-the-product-from-unauthorised-accessSource snippet
National Cyber Security Centre2. Protect the product from unauthorised access10 May 2022 — All assets used to design and build the produc...
Published: May 2022
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Source: report.ncsc.gov.uk
Title: Report a Cyber Incident
Link: https://report.ncsc.gov.uk/Source snippet
Cyber security incidents reported using this form are monitored 24/7 by a NCSC Defence Watch Officer, who will endeavour to reply at...
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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-accessibleSource snippet
Review of the Computer Misuse Act 1990: consultation and...14 Nov 2023 — The section 1 CMA offence of unauthorised access to computer ma...
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Source: data.parliament.uk
Title: Computer Misuse Act 1990 consultation 7.2.2023
Link: https://data.parliament.uk/DepositedPapers/Files/DEP2023-0108/Computer_Misuse_Act_1990_consultation_7.2.2023.pdfSource snippet
Review of the Computer Misuse Act 1990The section 1 CMA offence of unauthorised access to computer material carries a maximum penalty of...
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Source: committees.parliament.uk
Link: https://committees.parliament.uk/writtenevidence/107707/html/Source snippet
HTML 34KBThe Computer Misuse Act was created to criminalise unauthorised access to computer... unauthorised access offences involve law...
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Source: health-ni.gov.uk
Title: computer misuse act 1990
Link: https://www.health-ni.gov.uk/articles/computer-misuse-act-1990Source snippet
The Computer Misuse Act 1990 | Department of HealthThe Act is relevant to electronic records in that it creates three offences of unlawfu...
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Source: sso.agc.gov.sg
Link: https://sso.agc.gov.sg/Act/CMA1993Source snippet
Misuse Act 1993 - Singapore Statutes OnlineAn Act to make provision for securing computer material against unauthorised access or modific...
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Source: nationalcrimeagency.gov.uk
Link: https://www.nationalcrimeagency.gov.uk/cyber-choicesSource snippet
Cyber ChoicesSection 1. Unauthorised access to computer material. · Section 2. Unauthorised access with intent to commit or facilitate co...
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Source: assets.publishing.service.gov.uk
Title: Factsheet Computer Misuse Act
Link: https://assets.publishing.service.gov.uk/media/5a819c6de5274a2e87dbe8fd/Factsheet_-Computer_Misuse-_Act.pdfSource snippet
sheet: Part 2: Computer misuseThe 1990 Act, which applies UK-wide, makes unauthorised access to, or modification of, computer material un...
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Source: gla.ac.uk
Title: University of Glasgow My Glasgow
Link: https://www.gla.ac.uk/myglasgow/it/policy/computermisuseact1990/Source snippet
University of GlasgowMyGlasgow - IT - Policy - Computer Misuse Act (1990)Computer Misuse Act (1990) creates three criminal offences. This...
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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-actSource snippet
JD Spicer Zeb SolicitorsWhat is the computer misuse act?12 Sept 2023 — Section 1: Unauthorised access to computer material; Section 2: U...
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Source: bsblaw.co.uk
Title: the computer misuse act 1990
Link: https://www.bsblaw.co.uk/the-computer-misuse-act-1990Source snippet
London Criminal SolictorsThe Computer Misuse Act 1990 GuideThe most commonly charged Computer Misuse Act provision is the section 1 offen...
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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...
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Source: open.edu
Link: https://www.open.edu/openlearn/ocw/mod/oucontent/view.php?id=80038§ion=_unit8.3.3Source snippet
2.3 The Computer Misuse Act 1990 (CMA)unauthorised access with intent of committing or aiding further offences; unauthorised modification...
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Source: open.edu
Link: https://www.open.edu/openlearn/mod/oucontent/view.php?id=48328§ion=3.3Source snippet
2.3 The Computer Misuse Act 1990 (CMA)The CMA has been amended a number of times to cover new offences including denial-of-access or deni...
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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-actSource snippet
Computing Science Revision - Computer Misuse ActMaximum Penalties · Section 1: Unauthorised access to computer material · Section 2: Unau...
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Source: freeprivacypolicy.com
Title: computer misuse act 1990
Link: https://www.freeprivacypolicy.com/blog/computer-misuse-act-1990/Source snippet
The Computer Misuse Act 199025 Feb 2025 — The Computer Misuse Act 1990 is the main legislation in the United Kingdom dealing with compute...
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Source: en.wikisource.org
Title: Computer Misuse Act 1990
Link: https://en.wikisource.org/wiki/Computer_Misuse_Act_1990Source snippet
Section. 1. Unauthorised access to computer material. 2. Unauthorised access with intent to commit or facilitate...Read more...
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Source: lawteacher.net
Title: computer misuse act 1990
Link: https://www.lawteacher.net/acts/computer-misuse-act-1990.phpSource snippet
The first offence which is covered in section 1 of the Act is the 'unauthorised access to computer material.' Even if no damage is done b...
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Source: Wikipedia
Title: Computer Misuse Act 1990
Link: https://en.wikipedia.org/wiki/Computer_Misuse_Act_1990Source snippet
Computer Misuse Act 1990Section 35. Unauthorised access to computer material, punishable by up to two years in prison or a fine or bot...
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Source: termsfeed.com
Title: computer misuse act 1990
Link: https://www.termsfeed.com/blog/computer-misuse-act-1990/Source snippet
6 Feb 2026 — The Computer Misuse Act criminalizes several acts, including accessing data without authorization (i.e. hacking) and install...
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Source: burtoncopeland.com
Title: computer misuse act 1990 offences you probably didnt know existed
Link: https://www.burtoncopeland.com/news/computer-misuse-act-1990-offences-you-probably-didnt-know-existed/Source snippet
The Computer Misuse Act 1990 - offences you probably...The offence can be dealt with in either the Magistrates or Crown Court, and sente...
Additional References
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Source: researchgate.net
Link: https://www.researchgate.net/publication/323786681_The_Computer_Misuse_Act_1990_to_support_vulnerability_research_Proposal_for_a_defence_for_hacking_as_a_strategy_in_the_fight_against_cybercrimeSource snippet
The Computer Misuse Act 1990 to support vulnerability...This paper argues that a defence would allow security researchers, if prosecuted...
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Source: stuartmillersolicitors.co.uk
Link: https://www.stuartmillersolicitors.co.uk/computer-misuse-act-offences/Source snippet
A Guide to Computer Misuse Act OffencesUnauthorised access to computer material (Section 1 CMA): In this offence, the defendant is allege...
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Source: facebook.com
Link: https://www.facebook.com/NCA/posts/-watch-out-for-warning-signs-teach-your-kids-the-computer-misuse-act-red-flags-1/810161377817888/Source snippet
National Crime Agency's postWatch out for warning signs! Teach your kids the Computer Misuse Act red flags: 1️⃣ Unauthorised access to s...
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Source: cyfor.co.uk
Link: https://cyfor.co.uk/the-computer-misuse-act-and-cyber-crime/Source snippet
The Computer Misuse Act and Cyber CrimeThe Computer Misuse Act protects data from unauthorised access and is imposed against cybercrimina...
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Source: globalinvestigationsreview.com
Title: practitioners perspective cyber investigations in the united kingdom
Link: https://globalinvestigationsreview.com/guide/the-guide-cyber-investigations/fourth-edition/article/practitioners-perspective-cyber-investigations-in-the-united-kingdomSource snippet
A practitioner's perspective on cyber investigations in the...31 Jul 2025 — This chapter sets out the key laws in the UK defending again...
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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-1990Source 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
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Source: independent.co.uk
Link: https://www.independent.co.uk/bulletin/news/parliament-staff-member-hacking-computer-misuse-b2961150.htmlSource snippet
uding intent to commit or facilitate further offences, and unauthorised...Read more...
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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-prosecutorsSource snippet
CyberUp view on the DoJ's new guidance for prosecutors6 Jun 2022 — We have long argued that one of the problems with the Computer Misuse...
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Source: rahmanravelli.co.uk
Title: cybercrime covid 19 and the computer misuse act 1990
Link: https://www.rahmanravelli.co.uk/expertise/cybercrime/articles/cybercrime-covid-19-and-the-computer-misuse-act-1990/Source snippet
Cybercrime, Covid-19 And The Computer Misuse Act 199022 May 2020 — Section 1, Unauthorised access to computer material: This offence, whi...
Published: May 2020
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Source: inzpire.com
Title: stay safe online get to know the computer misuse act
Link: https://www.inzpire.com/news/stay-safe-online-get-to-know-the-computer-misuse-actSource snippet
Stay safe online: Get to know the Computer Misuse Act26 Mar 2024 — This legislation outlines various offences related to unauthorised acc...
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