(c)
to impair the operation of any such
program or the reliability of any such
data; or
(d)
to enable any of the things mentioned in
paragraphs (a) to (c) above to be done.
(3) This subsection applies if the person is
reckless as to whether the act will do any of the
things mentioned in paragraphs (a) to (d) to (c) of
subsection (2) above.
(4) The intention referred to in subsection (2)
above, or the recklessness referred to in
subsection (3) above, need not relate to—
(a) any particular computer;
(b) any particular program or data; or
(c) a program or data of any particular kind.
(5) In this section (a)
a reference to doing an act includes a
reference to causing an act to be done;
(b)
“act” includes a series of acts;
(c)
a reference to impairing, preventing or
hindering something includes a reference
to doing so temporarily.
...”
iii)
An act of CNE, insofar as it consists of, for example, removing or
replacing information on a computer, would not simply constitute an
offence under s.1 but plainly also under s.3 (unless exempt from
sanction).
iv)
Since 3 May 2015 the amendment to s.10 (referred to in paragraph
11(i) above) makes it clear that a person acting under a s.5 warrant or
s.7 authorisation commits an offence neither under s.1 nor under s.3 of
the CMA.
So the only issue relates to the period prior to 3 May 2015.
14.
S.10 of the CMA prior to its amendment read as follows:
“10. Saving for certain law enforcement powers