Re: So, did the BBC cross the line?

[Paul Ferguson <fergdawgster () gmail com>]

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On Fri, Mar 13, 2009 at 5:32 PM, David Lodge <dave () cirt net> wrote:

> On Thu, 12 Mar 2009 20:25:16 -0000, Paul M. Moriarty <pmm () igtc com>
> wrote:
> > It seems like a pretty fine point to say it's ok to create a botnet as
> > long as one doesn't have criminal intent, don't you think?
>
> It's convoluted, the Computer Misuse Act (CMA) has a lot of ambiguous
> clauses which state "with intent", but, on the counter side if you do
> anything unauthorised on a computer system you are in breach (irrelevant
> of intent). So, my call, as a non-lawyer would be that they've broken the
> law and I'd like to see them investigated. Certainly if I did similar
> without authorisation I'd expect to be arrested for it.
>
> I'm also curious about whether the ISPs they used to traverse the
> Internet for their DDoS will take them on in the civil arena...

For me, at least, that last bit is the real issue -- the transit path
"collateral damage" issues, not the creation of a pseudo-botnet and the
consent of Prevx.

Let's put this in proper perspective.

- - ferg

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-- 
"Fergie", a.k.a. Paul Ferguson
 Engineering Architecture for the Internet
 fergdawgster(at)gmail.com
 ferg's tech blog: http://fergdawg.blogspot.com/
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