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Email Bomber Faces Retrial

Posted by ryuzaki0 on from the putting-the-case-back-on dept.

An anonymous reader writes "A UK teenager who was cleared last year of launching a denial-of-service attack now faces a retrial. Judges have ruled that crashing a server with five million emails probably isn't permitted under the law. With NASA hacker Gary McKinnon vowing to fight on after losing his extradition fight yesterday, it's been a busy few days for the UK courts."

8 of 106 comments (clear)

  1. What is british spam like, anyway? by Orrin+Bloquy · · Score: 5, Funny

    T/\lly H0! Av01d y0ur ch3m15t's f0r ch33p laudanum!

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    "Made up/misattributed quote that makes me look smart. I am on /. and I must look smart."
  2. nothing to do by Mydron · · Score: 4, Funny

    it's been a busy few days for the UK courts

    Yes, I'm sure they had nothing to do before these guys came along.

  3. Re:Double Jeopardy by Lewisham · · Score: 4, Informative

    In the UK, you can be retried for the same offence if there is "new and compelling evidence" (usually DNA samples), or if the case was never fully closed, as here. The CPS appealed the case after the ruling, saying that the magistrate read the law wrongly, which sends it up the chain for review. If High Court had said, "Nah, it was a fair call", then the case would be closed and he could no longer be tried again. However, the High Court has sent it back for further review. IANAL so I don't know why the High Court itself doesn't make the decision, and I don't know what happens if the magistrate decides the same way again.

    Such stuff happens infrequently, but is sometimes reported on the news.

  4. The good thing about extradition to the US... by spiritraveller · · Score: 3, Insightful

    At least you know if you win the first trial, they don't get to do it over.

    1. Re:The good thing about extradition to the US... by Adam9 · · Score: 4, Insightful

      Unless you're an "enemy combatant." The constitution doesn't cover them.

    2. Re:The good thing about extradition to the US... by spiritraveller · · Score: 4, Informative

      Why should they get to do it all over again with a financial punishment and a lower standard of proof?

      "They" don't. The criminal case is "the state" or "the people" against the defendant. The civil case is "the families of ron goldman and nicole simpson" against the defendant. Those families didn't get to decide whether the case was prosecuted criminally. They can't force the state to seek restitution for them. Instead, they have to seek it for themselves.

      What "different purpose" does that serve?

      It serves to compensate people for a loss that another person has caused to them. The criminal case serves the public's desire for retribution against someone who has violated our rules.

      If someone steals your car and wrecks it, they can be prosecuted by the state, regardless of whether you want them to be. Either way, you still have the right to sue them for the financial loss they have caused.

  5. What if? by Zaphod2016 · · Score: 4, Interesting

    I was working on a new cron tab the other day. It had been one of those 20-hour days, so I was already well-past "bobo mode" when I started. After a half an hour, I began to wonder where the hell all my confirmation emails were going....(er duh).

    I wasn't "spamming", I was setting up on a new server and tired. Luckily, the default sendto was a null addy, but *what if*? What if one day I accidentally run a cron tab, and mail bomb the shit out of some poor shmoe?

    Don't get me wrong: if I *did* ever do something so stupid, I would expect a civil lawsuit, and I would expect to lose. But is this really a criminal offense?

    --
    barack to the future?
  6. Re:named for being 18 by ObsessiveMathsFreak · · Score: 3, Informative

    I thought the general principle under which juvinile records are sealed is to protect someone from being punished for life for a childhood mistake.

    Juviniles enjoy enourmous privilage under the law. They are effectively exempt from all but the most grevious of crimes. They will often literally have to kill one, possibly two people before they are given a serious sentance. Even then, the killings will have to be in cold blood, not in a fracas or the like, and the victims will probably have to be "innocents" of some kind rather than society's persona non grata.

    To answer you question, if he were put on trial as a juvinile, he may have stood trial, and might even be convicted, but his sentance would be extremely lienient. It's probable he would have faced a small fine and perhaps a week or two of community service, if that.

    However, having been visited by the wonderous Majority Fairy at the stroke of midnight on his 18th birthday, his juvinile privilages, exemptions, and get out of jail free cards have been revoked along with, presumably; his sexual innocence, mental incompetance and intolerance for alcohol. He is now fair game for the full weight of the law to be set on his shoulders as an example to all. A five year sentance is not out of the question, a step up from five weeks visting old folks homes to be sure.

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    May the Maths Be with you!