Section 3 seems pretty limited in its application and specifies law enforcement agency - as Russell states NatLib is not a law enforcement agency there fore it is not covered by this clause nor its subsections. Ian Cousins (I'm not a lawyer either!) Russell Sharpe wrote:
"252 Accessing computer system without authorisation"(1) Every one is liable to imprisonment for a term not exceeding 2 years who intentionally accesses, directly or indirectly, any computer system without authorisation, knowing that he or she is not authorised to access that computer system, or being reckless as to whether or not he or she is authorised to access that computer system.
"(2) To avoid doubt, subsection (1) does not apply if a person who is authorised to access a computer system accesses that computer system for a purpose other than the one for which that person was given access.
"(3) To avoid doubt, subsection (1) does not apply if access to a computer system is gained by a law enforcement agency-
"(a) under the execution of an interception warrantor search warrant; or
"(b) under the authority of any Act or rule of the common law.
That is it.. Did any get any request for authourisation??? Natlib is not a law enforcement agency... But under "(b) under the authority of any Act or rule of the common law.
That's what we need to look for.. Anyone???
Russell Sharpe
-----Original Message----- From: Simon Lyall [mailto:simon(a)darkmere.gen.nz] Sent: Monday, 27 October 2008 21:25 To: nznog Subject: Re: [nznog] NLNZHarvester2008
On Mon, 27 Oct 2008, Russell Sharpe wrote:
I would be curious who has actually tracked this traffic (themselves or via upstream ISP) and come up with a cost to their organisation? Are they invoicing natlib? if not.. why not?
If I were to do this sort of trolling.. personally, I would resolve addresses to ip's and sort out what is local NZ IP's and off shore and troll from the appropriate source... as much as I feel the ignorance of robots.txt is against the goodwill and security of the big bad world :\
If you were serious about trolling you would of course be looking at sections 250 (2) and 252 (1) of the Crimes Act [1] and trying to work out if certain people at the library are liable for imprisonment for a term "not exceeding 2 years" or "not exceeding 7 years".
This email does not constitute legal advice :)
[1] - http://www.legislation.govt.nz/
-- Simon Lyall | Very Busy | Web: http://www.darkmere.gen.nz/ "To stay awake all night adds a day to your life" - Stilgar | eMT.
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