My Lords, I thank the noble Baroness for her amendment and for linking the issue of cyber security with wider questions on national resilience; she is absolutely right to situate it in that space. I also thank her for introducing the topic of the right amount of cyber security support...

My Lords, I thank the noble Baroness for her amendment and for linking the issue of cyber security with wider questions on national resilience; she is absolutely right to situate it in that space. I also thank her for introducing the topic of the right amount of cyber security support...

I thank the Minister, and I thank noble Lords for their support. This is clearly an area where we agree that there is a problem; we are very vulnerable in the United Kingdom. What we have in place is clearly not working sufficiently well if 60% of SMEs that are...

I thank the Minister, and I thank noble Lords for their support. This is clearly an area where we agree that there is a problem; we are very vulnerable in the United Kingdom. What we have in place is clearly not working sufficiently well if 60% of SMEs that are...

Moved by

Lord Clement-Jones

148A: After Clause 52, insert the following new Clause—

“Appeals against decisions under section 50

(1) A person may appeal to the Upper Tribunal against—

(a) a confirmation decision given to the person under section 50;

(b) a decision under section 50 to require the person to pay a penalty;

(c) the amount...

Moved by

Lord Clement-Jones

148A: After Clause 52, insert the following new Clause—

“Appeals against decisions under section 50

(1) A person may appeal to the Upper Tribunal against—

(a) a confirmation decision given to the person under section 50;

(b) a decision under section 50 to require the person to pay a penalty;

(c) the amount...

My Lords, Amendment 148A stands in my name on the Marshalled List. This amendment would address a profound, structural and deeply disturbing gap in the judicial oversight and democratic accountability of the Bill. It represents a direct implementation of the authoritative recommendation of the Select Committee on the Constitution, in...

My Lords, Amendment 148A stands in my name on the Marshalled List. This amendment would address a profound, structural and deeply disturbing gap in the judicial oversight and democratic accountability of the Bill. It represents a direct implementation of the authoritative recommendation of the Select Committee on the Constitution, in...

My Lords, in addressing the amendment in the name of the noble Lord, Lord Clement-Jones, I may increase his stress levels, unfortunately, as I oppose it. This means, I guess, that I am supporting the Government—that is, unless the Government are going to perform a volte-face in the face of...

My Lords, in addressing the amendment in the name of the noble Lord, Lord Clement-Jones, I may increase his stress levels, unfortunately, as I oppose it. This means, I guess, that I am supporting the Government—that is, unless the Government are going to perform a volte-face in the face of...

My Lords, I thank the noble Lord, Lord Clement-Jones, for introducing this important group and all noble Lords for their contributions. Beginning with Amendment 148A, it is reasonable to suggest that there should be a further right to appeal, given that we are talking about potentially large penalties of £17...

My Lords, I thank the noble Lord, Lord Clement-Jones, for introducing this important group and all noble Lords for their contributions. Beginning with Amendment 148A, it is reasonable to suggest that there should be a further right to appeal, given that we are talking about potentially large penalties of £17...

I thank noble Lords for their amendments, starting with Amendment 148A, from the noble Lord, Lord Clement-Jones, which indeed

is in line with the recommendation from the Constitution Committee, which I thank for its report and its detailed scrutiny of this legislation.

As the noble Lord points out, Part 4 enables...

I thank noble Lords for their amendments, starting with Amendment 148A, from the noble Lord, Lord Clement-Jones, which indeed

is in line with the recommendation from the Constitution Committee, which I thank for its report and its detailed scrutiny of this legislation.

As the noble Lord points out, Part 4 enables...

I resume with Amendments 174A and 174B, which were introduced by the noble Lord, Lord Markham. They would require the Secretary of State to create a register of “foreign powers” that pose a threat to UK cyber security, to review this register and to lay the report in Parliament. This...

I resume with Amendments 174A and 174B, which were introduced by the noble Lord, Lord Markham. They would require the Secretary of State to create a register of “foreign powers” that pose a threat to UK cyber security, to review this register and to lay the report in Parliament. This...

I thank the Minister for her response and the noble Lords, Lord Vaizey and Lord Markham, for their contributions. I cannot help feeling that the approach to this by the noble Lord, Lord Vaizey, is coloured by his history as a Minister. I can understand that because I saw the...

I thank the Minister for her response and the noble Lords, Lord Vaizey and Lord Markham, for their contributions. I cannot help feeling that the approach to this by the noble Lord, Lord Vaizey, is coloured by his history as a Minister. I can understand that because I saw the...

Moved by

Lord Clement-Jones

164: After Clause 58, insert the following new Clause—

“Computer Misuse Act 1990: statutory defence for cyber security activities

(1) The Secretary of State must, within 12 months of the day on which this Act is passed, carry out and publish a review of whether the introduction of a statutory...

Moved by

Lord Clement-Jones

164: After Clause 58, insert the following new Clause—

“Computer Misuse Act 1990: statutory defence for cyber security activities

(1) The Secretary of State must, within 12 months of the day on which this Act is passed, carry out and publish a review of whether the introduction of a statutory...

My Lords, Amendment 164 is in my name and, I am delighted to say, that of the noble Lord, Lord Arbuthnot of Edrom. Sadly, he is tied up next door with matters of national security—I hope that I am not giving away any secrets—and is unable to speak to this...

My Lords, Amendment 164 is in my name and, I am delighted to say, that of the noble Lord, Lord Arbuthnot of Edrom. Sadly, he is tied up next door with matters of national security—I hope that I am not giving away any secrets—and is unable to speak to this...

My Lords, I strongly support the amendment from the noble Lord, Lord Clement-Jones, whether technically or in spirit. He is right to point out how outdated the Computer Misuse Act is and that its blanket prohibition on undertaking cyber security activities without any public interest defence is ridiculous.

The noble Lord’s...

My Lords, I strongly support the amendment from the noble Lord, Lord Clement-Jones, whether technically or in spirit. He is right to point out how outdated the Computer Misuse Act is and that its blanket prohibition on undertaking cyber security activities without any public interest defence is ridiculous.

The noble Lord’s...

My Lords, the campaign to reform the Computer Misuse Act is at least 10 years old, not just five. We—including me—have been working to try to get the provision that is contained in the amendment before us from the noble Lord, Lord Clement-Jones. I endorse every single word that he...

My Lords, the campaign to reform the Computer Misuse Act is at least 10 years old, not just five. We—including me—have been working to try to get the provision that is contained in the amendment before us from the noble Lord, Lord Clement-Jones. I endorse every single word that he...

My Lords, I will speak briefly in support of the amendment from the noble Lord, Lord Clement-Jones, which he so comprehensively set out. I did not mention this at Second Reading because I thought it was so self-evidently sensible that this needed to be fixed. I should know better, having...

My Lords, I will speak briefly in support of the amendment from the noble Lord, Lord Clement-Jones, which he so comprehensively set out. I did not mention this at Second Reading because I thought it was so self-evidently sensible that this needed to be fixed. I should know better, having...

My Lords, one of the advantages of being in this Committee Room for these debates in Committee is that I can use Claude—I hope that is allowed—to answer the question of what the cyber security community thinks about the Computer Misuse Act. The answer comes back in bold. I will...

My Lords, one of the advantages of being in this Committee Room for these debates in Committee is that I can use Claude—I hope that is allowed—to answer the question of what the cyber security community thinks about the Computer Misuse Act. The answer comes back in bold. I will...

My Lords, I thank the noble Lord, Lord Clement-Jones, for introducing this amendment and the noble Lord, Lord Arbuthnot of Edrom, whom I see in his place. I am sorry he was unable to attend the beginning of this debate, but we are told it was for very good reasons....

My Lords, I thank the noble Lord, Lord Clement-Jones, for introducing this amendment and the noble Lord, Lord Arbuthnot of Edrom, whom I see in his place. I am sorry he was unable to attend the beginning of this debate, but we are told it was for very good reasons....

I am grateful to the noble Lord for raising this topic through his amendment, and I recognise the strength of feeling on reforming the Computer Misuse Act. I agree that the UK should have the right legislative framework to allow us to tackle the threats posed by cyber criminals.

The Home...

I am grateful to the noble Lord for raising this topic through his amendment, and I recognise the strength of feeling on reforming the Computer Misuse Act. I agree that the UK should have the right legislative framework to allow us to tackle the threats posed by cyber criminals.

The Home...

I thank the Minister for that response. The noble Lord, Lord Vaizey, said that we know what the Minister will say: that it will be in a future piece of legislation. To that extent, we are pleased that at least we have a commitment to it, but this has been...

I thank the Minister for that response. The noble Lord, Lord Vaizey, said that we know what the Minister will say: that it will be in a future piece of legislation. To that extent, we are pleased that at least we have a commitment to it, but this has been...

Moved by

Lord Markham

174E: After Clause 58, insert the following new Clause—

“Increasing resilience by reducing data retention

(1) The Secretary of State must, within one month of the day on which this Act is passed, open a consultation on the potential impact of minimising data collection and increasing data anonymisation on the...

Moved by

Lord Markham

174E: After Clause 58, insert the following new Clause—

“Increasing resilience by reducing data retention

(1) The Secretary of State must, within one month of the day on which this Act is passed, open a consultation on the potential impact of minimising data collection and increasing data anonymisation on the...

Amendment 174E in my name and those of my noble friends Lord Camrose and Lord Holmes builds on the point I made in the debate last Thursday that the best defence in cyber is, of course, not to present an attractive target in the first place.

I go back to my...

Amendment 174E in my name and those of my noble friends Lord Camrose and Lord Holmes builds on the point I made in the debate last Thursday that the best defence in cyber is, of course, not to present an attractive target in the first place.

I go back to my...