Amendments to the Computer Misuse Act 1990 (CMA) received the finishing touches last week, as the controversial Police and Justice Bill headed for its final reading in the House of Commons.

The proposed changes to the CMA - which clamps down on the unauthorised access or use of computer systems - have been roundly condemned by IT security specialists, journalists and other commentators.


The Police and Justice Bill itself has been criticised for its sweeping powers and the vagueness of its drafting, gaining an on-line notoriety not seen since the Regulation of Investigatory Powers Act dealing with the interception of e-mail communications was passed in 2000.


But law enforcers argue that crimes such as industrial espionage are taking place and, because they may fall inside section one of the CMA, which currently carries a maximum sentence of less than a year, the perpetrators are escaping the long arm of the law. The Police and Justice Bill amends the CMA to allow for a maximum sentence under section one to be 12 months, making it possible to apply for extradition.


Detective Inspector Chris Simpson of the Metropolitan Police's computer crime unit said: 'Such acts - that's to say, hacking for commercial gain - can be conducted across international boundaries and through multiple jurisdictions. Consequently, the strengthening of this legislation is a vital part of deterring any future criminal activity and impacting on that which does take place. I think that the increase in maximum penalty is proportionate in light of the sensitivity or indeed the commercial value of data residing on today's corporate networks.'


Rodney Warren, director of the Criminal Law Solicitors Association, said: 'It's important that the law keeps pace with the developments in technology. What any critics of proposed changes have to bear in mind is that one doesn't enter into criminality accidentally - unauthorised access is a deliberate act.'


However, some civil rights activists do not share these views, especially when they are speaking for IT people whose activities or digital creations they say may from now on be treated as criminal.


Mark Dziecielewski, an IT expert and digital rights campaigner, runs the respected SpyBlog Web log. He said that the imminent changes were being rushed through with scant regard for proper consideration. 'It will make no difference to real criminals at all,' he said.