IT law experts from Pinsent Masons have contradicted Ministerial assurances about the interpretation of the new “hacking tools” offence being added to the Computer Misuse Act. Minister Vernon Coaker had told Computer Weekly

“The test for the offence will be whether the person believed at the time that the tool would be used more criminally than legitimately, so IT professionals will not be affected.”

Struan Robertson from Pinsent Masons disagreed.

“I don’t think he’s right when he says ‘more criminally than legitimately’ — that’s not what it says. A person is guilty if they believe the tools are likely to be used for any criminal purposes at all, not if the balance is more criminal than legitimate,” Robertson told ZDNet UK,” I think Vernon Coaker is wrong.”