[IP] UK Court Rules on Jurisdiction Question Involving Malicious
Begin forwarded message:
From: Jonathan Ezor <jezor@xxxxxxxxxxxx>
Date: November 1, 2006 12:05:02 PM EST
To: David Farber <dave@xxxxxxxxxx>
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@xxxxxxxxxxxx
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