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According to the CMA [0];

The offence of unauthorised access requires proof of two mens rea elements, (see section 4 CMA):

    (1) there must be knowledge that the intended access was unauthorised; and
    (2) there must have been an intention to obtain information about a program or data held in a computer - section 1(2) CMA.
[0] http://www.cps.gov.uk/legal/a_to_c/computer_misuse_act_1990/


See also http://www.legislation.gov.uk/ukpga/1990/18 - the current unauthorised intercept of data, installation of a MitM system appears to be an offence under inter alia Section 1, 2 and 3 separately.




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