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Old 08-04-2008, 20:53   #2668
AlexanderHanff
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Re: Virgin Media Phorm Webwise Adverts [Updated: See Post No. 1, 77, 102 & 797]

Quote:
Originally Posted by Florence View Post
I have it now Florence (see previous post) but thanks anyway

Alexander Hanff

---------- Post added at 20:53 ---------- Previous post was at 20:51 ----------

Quote:
Originally Posted by popper View Post
Alexander,i like that

37 Making, supplying or obtaining articles for use in computer misuse offences
After section 3 of the 1990 Act there is inserted—
“3A Making, supplying or obtaining articles for use in offence under section 1 or 3

(1) A person is guilty of an offence if he makes, adapts, supplies or offers to supply any article intending it to be used to commit, or to assist in the commission of, an offence under section 1 or 3.

(2) A person is guilty of an offence if he supplies or offers to supply any article believing that it is likely to be used to commit, or to assist in the commission of, an offence under section 1 or 3.

(3) A person is guilty of an offence if he obtains any article with a view to its being supplied for use to commit, or to assist in the commission of, an offence under section 1 or 3.

(4) In this section “article” includes any program or data held in electronic form.

(5) A person guilty of an offence under this section shall be liable—
(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum or to both;

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both;

(c) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.”
I was going to include that in my analysis in order to illustrate Phorm as being complicit but in reality, it would be difficult to prove that they knew BT was going to use the equipment in a way which contravened British law.

Alexander Hanff
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