HAMILTON, Bermuda, CMC – Parliament has approved legislation providing for stringent punishment, including life imprisonment for anyone convicted for offenses that cause “a significant risk of serious damage to human welfare or serious damage to national security.”
National Security Minister Michael Weeks they were told that the Computer Misuse Act 2024, which the government said is intended to help battle cybercrime in the British Overseas Territory, will also provide for a one million dollar fine.
Weeks told legislators that over the past five years, the Department of Public Prosecutions (DPP) has prosecuted only two cases under the existing legislation and that the Computer Misuse Act 1996 was “not conducive” to the present-day realities involving the use of computers.
He said the amendments would give police and the DPP the powers to investigate and prosecute computer-related offenses, saying, “This is to bring the legislation into more current status.”
Last September, Bermuda suffered a “major cyberattack” that brought down government information technology (IT) services.
Premier David Burt said an investigation into the cyber attack that severely hampered the government’s information systems in September had found circumstantial evidence that personal data may have been exfiltrated.
Under the new legislation, offenses will include:
- Unauthorized access to computer material.
- Unauthorized access with intent to impede computer operation.
- Unauthorized acts that cause or create a risk of severe damage.
The legislation defined “Damage” as damage to human welfare, the environment, the economy, or the national security of any country. The legislation also makes it an offense to adapt, supply, or offer to supply any article to assist in computer crime.
Weeks said the crimes covered in the legislation were severe and should attract significant penalties.
Opposition Leader Jarion Richardson said the advancement of technology meant that a large part of modern life was determined by activity on servers and in cloud computers, and bad actors could cause irreparable damage.
He told legislators that it was vital that the island keeps up, even though he acknowledged that he was always concerned by legislation clauses granting ministers regulatory power.
The government has also placed on the Order Paper the Cybersecurity Act 2024, which would set up a Cybersecurity Advisory Board, a National Cybersecurity Unit, and a National Cybersecurity Incident Response Team.
That piece of legislation is yet to be debated.
and then 