In message <31450.1469667681@turing-police.cc.vt.edu>, Valdis.Kletnieks@vt.edu writes:
On Thu, 28 Jul 2016 10:48:47 +1000, Mark Andrews said:
As soon as a transaction takes place, conspiricy to harm <X> by <Y>. If the DoS actually occurs you can add additional charges for the actual actions.
If the claim is that a law has been broken, you have to show that <Y> is actually a crime in the jurisdiction involved. If it's a civil claim, in general only <X> will have standing to actually file suit. That's a big chun k of the problem - the gamer who ticked off another gamer and got DDoSed doesn' t have the knowledge, time, or resources to file a claim that will actually accomplish anything, and nobody else can file the claim on their behalf.
There have always been plenty of laws to cover DoS attacks. You don't need "with a computer" in the law. You just need to apply existing laws.
This is no different conceptually to hiring a thug to take a baseball bat to a place. You can be charged for consipiricy to commit a crime even if the crime does not occur.
Bringing a baseball bat to a place isn't usually in and of itself illegal. Thug A may bring a bat to someplace, but absent evidence that Thug B will then use said bat for nefarious purposes, you're still left with nothing. You have to draw *all* the dots, Mark. :)
It's the hiring that triggers the conspircy. The crime has been committed the moment there is agreement to perform the act. Mark -- Mark Andrews, ISC 1 Seymour St., Dundas Valley, NSW 2117, Australia PHONE: +61 2 9871 4742 INTERNET: marka@isc.org