irish law on DDoS attacks..?

Sonneta

hi,

what'd happen to someone who got reported to garda about DDoS attacks on a website, or someone elses computer.. what are the laws there. would judge refer to european laws regarding said legislation?

thanks anyway.

Manach

My, 2c/this is not legal advise, opinion is that it depends.

The Guards have a measure of discretion of enforcement of legal matters. There would be difference if the matter was minor and only effecting one person to the other extreme of a serious issue or effecting a group. As well there is the matter of resources they would choose to allocate to a DDoS.

AFAIK, due to the evolving nature of IT the various acts which deal with computer crime are written as broadly as possible so as not to become obsolete which the common law filling any lacunas. Thus as the key effect of a DDoS is to deny the user proper use of his computer, then the Criminal Damage act which covers actually impairing, threatening to or controlling items which damage property would be relevant. There might be more specific actions under the Irish version of the UK's Computer Misuse act under sections mentioning degradation of the target's PC functionality.

Irish law would reflect any EU Directives on the matter.

Hotblack Desiato

Denial of service is a criminal offence under Irish law.

This is what happens next

https://www.youtube.com/watch?v=A6zqu_9Sb7w

pah

My 2c, never heard of it being used but this is probably the most relevant offence.

Section 9 Theft and Fraud Offences Act 2001