APPENDIX I
SCHEDULE
LEGAL ISSUES
Domestic law
1. Prior to the amendments to the Computer Misuse Act 1990 (“CMA 1990”) with effect
from 3 May 2015, and after those amendments:
a. was an act constituting an offence under s.3 CMA 1990 capable of being
rendered lawful by a warrant issued under the Regulation of Investigatory
Powers Act 2000 (“RIPA 2000”) or a warrant or authorisation under the
Intelligence Services Act 1994 (“ISA 1994”)?
b. would the CNE activities of a Crown servant in the course of his employment,
if committed in a foreign country or against assets or individuals located in a
foreign country, have amounted to an offence under s.3 CMA 1990 as though
the activities had been committed in England and against assets or individuals
located in England?
2. Does s.5 ISA 1994 permit the issue of a ‘class’ or ‘thematic’ warrant, i.e. a warrant
authorising certain acts or types of acts in general rather than by reference to specified
property or wireless telegraphy?
3. Does the power under s.5 ISA 1994 to authorise interference with “property”
encompass physical property only, or does it also extend to intangible legal rights,
such as copyright?
ECHR
4. Is the regime which governs Computer Network Exploitation (“the regime”) “in
accordance with the law” under Article 8(2) ECHR / “prescribed by law” under
Article 10(2) ECHR? In particular:
a. Is the regime sufficiently foreseeable?
b. Are there sufficient safeguards to protect against arbitrary conduct?
c. Is the regime proportionate?
d. Was this the case throughout the period commencing 1 August 2009?
5. Specifically: