UK Court Rules on Jurisdiction Question Involving Malicious

[David Farber <dave () farber net>]

Begin forwarded message:

From: Jonathan Ezor <jezor () tourolaw edu>
Date: November 1, 2006 12:05:02 PM EST
To: David Farber <dave () farber net>
Subject: UK Court Rules on Jurisdiction Question Involving Malicious  
Hacking from Russia

Dave,

For IP if you wish:

As has happened in the U.S., a UK court has ruled it has jurisdiction  
over a
malicious hacking incident in which a Russian firm is alleged to have  
broken
in to a UK firm's computer over the Internet.  Judge Hirst is quoted as
saying,

""Ashton's computer server was in London. That is where the  
confidential and
privileged information was stored," he wrote. "The attack emanated from
Russia but it was directed at the server in London and that is where the
hacking occurred. The fact that it was transmitted almost instantly  
to Russia
does not mean that the damage occurred only in Russia. If a thief  
steals a
confidential letter in London but does not read it until he is  
abroad, damage
surely occurs in London."

"I also consider that substantial and efficacious acts occurred in  
London, as
well as Russia. That is where the hacking occurred and access to the  
server
was achieved. This may have been as a result of actions taken in  
Russia but
they were designed to make things happen in London, and they did so,"  
wrote
Hirst. "Effectively the safe was opened from afar so that its  
contents could
be removed. It would be artificial to say that the acts occurred only in
Russia. On the contrary, substantial and effective acts occurred in  
London.""

For the story, see:

<http://www.out-law.com/page-7434>

The judgment itself may be found online at:

<http://www.bailii.org/ew/cases/EWHC/Comm/2006/2545.html>

-------------------
Prof. Jonathan I. Ezor
Assistant Professor of Law and Technology
Director, Institute for Business, Law and Technology (IBLT)
Touro Law Center
300 Nassau Road, Huntington, NY 11743
Tel: 631-421-2244 x412  Fax: 516-977-3001
e-mail: jezor () tourolaw edu


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