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Davey Winder's Blog

DoS illegal, problem solved. Not!

By Davey Winder in Editorial

Posted in Uncategorized on November 12, 2006 at 4:58 pm

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Sometimes I do not know whether to laugh or cry. The cause of this emotional confusion? The hilarious read that is the Police and Justice Act 2006.

Now please do not get me wrong, it is not that I am against legislation when it comes to IT security issues. The trouble is, I have seen all too often otherwise fairly sensible grown-ups, actually scrap that as I am talking about politicians and lawyers here, believing that by making something illegal it will simply go away. The truth is, obviously enough to anyone with their thinking head on, that the world just does not work that way.

Sure, the gap in the Computer Misuse Act which did not include Denial of Service attacks within its remit, mainly because there was no such thing as a DoS, or DDoS for that matter, when the CMA was penned, needed to be filled. And the 10 years in pokey available to the judiciary courtesy of the Police and Justice Act fills the gap nicely enough I guess. But I am not going to be giving up my day job, fearful of nothing to write about, no clients to advise on defence against the crime, and you, dear reader, can not let your defences down sure in the knowledge that the bad guys have been beaten away with this legal big stick.

Yes, if PJA had been around this time last year then David Lennon, accused of sending some five million emails to a former employer by way of a revenge attack, might not have escaped with a technical not guilty because there was no suitable offence under the CMA. But, you see, he didn

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