[matthewheath]

The whole of 3ZA is new — that didn't exist before the Serious Crimes Act 2015.

However, they do have to actually take action and material damage is defined by s3ZA(2) with "damage to human welfare" (s3ZA(2)(a)) constrained by s3ZA(3).

It is unlikely that the threshold for a charge under S3ZA would be met. The more likely charge is S1 (unauthorised access) or S3A(3) which makes it an offence to obtain any article intending to use it to commit, or to assist in the commission of, an offence under section 1, 3 or 3ZA — you don't even have to actually use the software to be criminalised, merely possessing it is enough provided the prosecution can prove your intent beyond reasonable doubt.

You can read the Explanatory Notes for the SCA 2015 amendments that altered the CMA 1990 at http://www.legislation.gov.uk/ukpga/2015/9/notes/division/3/... for background on why these changes were made.

[heyyyouu]

Thank you! This is extremely informative.

[pbhjpbhj]

Thanks for your input MatthewHeath.