UK Asks High Court To Review Whether Denial Of Service Attacks Are Legal

from the why-not-just-change-the-law? dept

Back in November we wrote about a court finding saying that denial of service attacks in the UK do not violate that country's Computer Misuse Act because a DoS attack doesn't involve "unauthorized access." We figured that this would make politicians leap into action and change the law, but that doesn't seem to be happening just yet. Instead, the Crown Prosecution Service is looking to appeal the judge's interpretation of the law, and ask the High Court to simply say that the CMA does cover denial of service attacks, even if it doesn't actually appear to from the text of the law.

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  1.  

    No Subject Given

    identicon
    Ben McNelly, Jan 5th, 2006 @ 10:51am

    Just a thought... So if Tech dirt or /.'ers pound some poor site with interesting breaking news/info, thats not realy an "attack" on thier server... it seems its a good thing to have sooo many hits it slows your server to a halt. Although if one had a big enough audiuance they could probably use it as an attack.

    reply to this | link to this | view in thread ]

  2.  

    Re: No Subject Given

    identicon
    Rikko, Jan 5th, 2006 @ 11:22am

    Except I think by definition a DOS attack comes from a single (or a few) sources - a /. bomb isn't an attack in that it's totally distributed and not malicious. A ping flood from a couple of university campuses, by comparison, most definitely is.

    reply to this | link to this | view in thread ]

  3.  

    DDOS the High Court!

    identicon
    PB, Jan 5th, 2006 @ 11:30am

    Perhaps a well-placed DDOS launched against the High Court for a few days might convince them it's a problem, hmmm?

    reply to this | link to this | view in thread ]

  4.  

    Other laws?

    identicon
    Keir, Jan 5th, 2006 @ 11:44am

    Seems like DOS attacks, like most other supposed computer crimes could be handled by other existing laws, without the internet being given any special treatment.

    I don't know much about law, but wouldn't there be something more generic in place that makes it illegal to intentionally cause financial loss?

    reply to this | link to this | view in thread ]

  5.  

    Re: Other laws?

    identicon
    Anonymous Coward, Jan 5th, 2006 @ 5:05pm

    Do you happen to work for the recording industry?

    Should I not be allowed to open a business next to yours, provide better service, and steal all your customers? It is intentional, and it would certainly cause you to have a financial loss.

    reply to this | link to this | view in thread ]

  6.  

    Re: Other laws?

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    Anonymous Coward, Feb 8th, 2006 @ 1:55pm

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