Re: [cobalt-users] PortSentry works !

["Jonathan Michaelson" <michaelsonjd@xxxxxxxxxxx>]

Carrie,

> > I read in the Wall Street Journal a few weeks ago, that the UK has ruled
> > that cyberterrorism is a crime that is prosecuted just as if you were
any
> > other terrorist.
> >
> > Kelly
>
> I wonder how this works if the attacker is in the UK but the server is in
> another country?
> Realistically, the 'crime' was being committed in both countries, but I
> wonder if the courts would say it depends on where the server is?

The Computer Misuse Act in the UK suggests that only one element of the
"crime" has to exist within the UK for it to be a crime. So if you're server
is in the UK, or the port scanner is in the UK, it's a criminal offence in
the UK:

"(2) Subject to subsection (3) below, in the case of such an offence at
least one significant link with domestic jurisdiction must exist in the
circumstances of the case for the offence to be committed."

There have been cases in the UK where successful prosecutions have been made
(to do with fraud and pornography) where both have applied, i.e. the server
was in a different country and the perpetrator in the UK and the other way
round.

Regards,
Jonathan Michaelson