Using civil law to deal with cybercriminals
In July 2006, we commented (viruslist.com, 28 July 2006 on a green paper (a consultation document on proposed legislation) published by the Home Office, New Powers Against Organised and Financial Crime [PDF 1Мb]. In this paper the government proposed to fill ‘a gap in the criminal law for catching those involved at the edges of organised crime’ using the civil courts, including the use of Organised Crime Prevention Orders:
The courts would be able to impose an order if they believe on the balance of probability that the subject
* Has acted in a way which facilitated or was likely to facilitate the commissioning of serious crime
* That the terms of the order are necessary and proportionate to prevent such harms in future.
Failure to observe the terms of the order would be a criminal offence.
it's strange Home Office proposed this after the internet dialler frauds were closed down in Aug 2004.
how would BT and Telecom One have found a 'loophole' in that
i wrote to Charles Clark on this subject in 2004 (2005 ?) regarding BT and Telecom One 'facilitated or was likely to facilitate the commissioning of serious crime'. i pointed out to him that the billing of the victims and the supplying of the premium rate numbers was being done in the UK. The ignorant fat ba...... didn't even reply.