BBC fails to understand mens rea

[Peter Sommer]

Quite right, Richard!

Peter Sommer
(who was instructed by Daniel Cuthbert's defence team and who gave 
evidence at his trial)

Richard Clayton wrote:
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
>
>
> The BBC decided to build their own botnet...
>
> http://news.bbc.co.uk/1/hi/programmes/click_online/7932816.stm
>
>    Software used to control thousands of home computers has been
>    acquired online by the BBC as part of an investigation into global
>    cyber crime. 
>
>    The technology programme Click has demonstrated just how at risk PCs
>    are of being taken over by hackers. 
>
>    Almost 22,000 computers made up Click's network of hijacked machines,
>    which has now been disabled. 
>
>    The BBC has now warned users that their PCs are infected, and advised
>    them on how to make their systems more secure. 
>
> They also say:
>
>    If this exercise had been done with criminal intent it would be
>    breaking the law.
>
> a statement which I entirely agree with, however, I also agree with the
> further statement that they _didn't_ write in their article:
>
> "Although this exercise was not done with criminal intent, it was still
> illegal under s1 (and possibly also s3) of the Computer Misuse Act 1990
> and we should be prosecuted for our wickedness."
>
> As I understand it, being a journalist (or indeed a security researcher
> - -- since they seem to have cooperated with Prevx in this exercise) does
> not give you immunity from CPA offences [although some useful research
> could occasionally be done if it did! (less than many imagine)].
>
> I suspect that the BBC were extrapolating from "mens rea" principles,
> viz: that you can be excused if you didn't have a guilty thought; but
> quite clearly these people did intend to break into 22,000 machines
> without authorisation, so I cannot see that they have any defence.
>
> Since the Met prosecuted Mr Cuthbert ("the tsunami hacker") for a much
> less serious transgression, doubtless the "Click" programme makers will
> be handing themselves in, to save the time of overworked officers of
> going out to White City to find them...
>
> - -- 
> richard                                              Richard Clayton
>
> They that can give up essential liberty to obtain a little temporary
> safety deserve neither liberty nor safety.         Benjamin Franklin
>
>   


-- 
THE INFORMATION CONTAINED IN THIS E-MAIL IS CONFIDENTIAL AND LEGALLY PRIVILEGED.  IT IS INTENDED ONLY FOR THE ADDRESSEE NAMED ABOVE. IF YOU ARE NOT THE ADDRESSEE ANY DISTRIBUTION, COPYING OR DISCLOSURE OF THIS E-MAIL IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED IT IN ERROR PLEASE NOTIFY THE SENDER BY E-MAIL IMMEDIATELY AND DESTROY THE ORIGINAL
The contents of this e-mail are subject to contract in all cases and no contractual commitments are made whatsoever express or implied. This e-mail and any attachments have been scanned for viruses prior to leaving this office but it is your responsibility to scan any e-mails and their attachments. No liability is accepted for any losses as a result of any viruses being passed on.
Peter Sommer
www.pmsommer.com