[ILUG] [Fwd: I fought the scammer... and I won.]

[kevin lyda]

On Mon, Apr 05, 2004 at 10:44:28AM +0100, Steffen Higel wrote:
> [not subscribed to list these days]

so i cc'd you here.

> I took at a look at the EU data protection act. Here's the relevant bit:

thanks!  i was hoping someone would.

> (e) processing is necessary for the performance of a task carried out in
> the public interest or in the exercise of official authority vested in the
> controller or in a third party to whom the data are disclosed; or
> 
> (f) processing is necessary for the purposes of the legitimate interests
> pursued by the controller or by the third party or parties to whom the
> data are disclosed, except where such interests are overridden by the
> interests for fundamental rights and freedoms of the data subject which
> require protection under Article 1 (1).
> 
> So I guess my ass is covered by bits of (e) and (f). Previously, the
> gardai had told me that I'd need to catch the individual in the act, and
> also avoiding being blacklisted by spamcop would probably fall under
> "purposes of the legitimate interests pursued" from our point of view.

ok, i watch far too much law and order.  and i know it isn't the best
source of info since a) it's fiction b) it's tv c) it's about american,
not irish law.  but that said, weren't you essentially acting as an
agent for the police at that point?  and the reason i ask is that might
actually restrict what you could do even further.

also, the case isn't over.  the guy was just arrested and possibly
charged.  have they told you what might happen next?  will you have
to testify?  i'd be curious how that works out so please let us know if
you can.

i know many of us have said it here and on #linux, but what you did
was really cool.  i'm not asking all this to take away from it, i'm
just curious and i also think it highlights the need for the gardai to
communicate better with system admins (and vice-versa).

kevin

-- 
kevin at ie.suberic.net  ~  Would you put on your resume that 3,000 people
                         died due to your failure while you were in charge?

                         So why is George Bush?