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I
suspect
they
won't
be
prosecuted
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There are a couple of loopholes they might be able to wriggle out of in the Computer Misuse Act, basically given that they were acting for good rather than bad (double standards, Gary McKinnon anyone?) ... technically they did commit a crime though, I don't disagree with that and I suspect it will go to court - it has to, the BBC deserve to be held to the very highest standard of public behaviour. Also, if some of the PCs weren't British (a very likely scenario) then they have commited crimes against other countries too, which theoretically should stop them ever getting into the USA, for instance.
However, they certainly did not create their own botnet, my colleagues reckon they probably hung around in the right/wrong IRC chatrooms and rented one for a bit - so now they've spent taxpayers money on this, and publicly advertised that they broke up the botnet, thus pissing off the owner, more likely than not to be organised crime.
I'm glad I'm not them.
-- Miguel.
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AUTHOR OF THIS MESSAGE Miguel
MESSAGE TIMESTAMP 13 march 2009, 22:24:00
AUTHOR'S IP LOGGED 86.16.34.166
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