Teenage Prosecuted For Spamming
David Lennon, a U.K. teenager aged 18, was punished for sending his former employer five million spam e-mails. Proving guilty of breaching UK's 'Computer Misuse Act', David has been sentenced a two-months curfew by a judge in Wimbledon Magistrates Court for crashing the e-mail server of his former company 'Domestic and General Group'.
Earlier in November, Lennon was cleared of these charges after another judge thought that it wasn't an offense to inundate a server with unlimited messages under 'Computer Misuse Act'. However, the Crown prosecution service challenged this decision in May 2006 and this time Lennon was proved guilty and sued under Section 3 of the 'Computer Misuse Act'.
The curfew imposed on Lennon required him to stay at home between 12:30 am and 7 am on weekdays while till 10:30 am on weekends. The timing has been so set that it does not interfere into Lennon's work schedule at a local cinema. He has been warned not to break the curfew otherwise strict action will be taken against him. However, the sentence will end the day before Lennon starts college in September. Lennon has been fined 29,000 pounds for the damages that arose due to his attack.
But the defense wanted that Lennon be given a 'conditional discharge' owing to ambiguity of the 'Computer Misuse Act'. But the judge asserted that even at his age the offense was grave, and so Lennon must be made to think twice.
The 'Computer Misuse Act' was started in 1990 and it lays down laws controlling unauthorized access and manipulation of computer material. Section 3 specifically relates to illegal data modification and tampering with PCs.
According to Senior Crown Prosecutor, Russell Tyner those who commit crime over the Internet should not be let to escape law, and the police and CPS will ensure this, so that the Internet remain a safe place for both businesses and domestic users. Thus Mr. Lennon's activity was criminal and he must face the consequences.
The 'Computer Misuse Act' is considered insufficient to counter new kind of cyber-crime like 'Denial of Service' attacks and so it will undergo an update.
» SPAMfighter News - 8/29/2006
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