Did BBC break the Law with Click’s Botnet investigation?
Click “The BBC’s flagship technology programme” have gained access to and used a botnet in a piece of investigative journalism.
Once they had gained control of the botnet “Click ordered its PCs to send out spam” and”Click launched a Distributed Denial of Service (DDoS) attack on a backup site owned by security company Prevx”. Although the email addresses spammed and site DDoSed were both in agreement, the infected PCs that made up the botnet belonged to people who had not agreed to take part. This seems like a clear crime under the Computer Misuse Act 1990:
(1) A person is guilty of an offence if—
(a) he causes a computer to perform any function with intent to secure access to any program or data held in any computer;
(b) the access he intends to secure is unauthorised; and
(c) he knows at the time when he causes the computer to perform the function that that is the case.
I have emailed the BBC to ask them for an explanation of their action, and will post an update when I know more or receive a response.
update 10:47: The email I sent to the BBC is below:
In this story it is stated that you acquired and used a botnet. Although the target of the DDoS and spam had consented to this, the article makes clear that the computers that made up the botnet belonged to owners who were not aware you had access.
Can you please respond regarding your position on the legality of your teams actions, especially with regards to the Computer Misuse Act 1990.
Regards,
John Graham
update 13:23.
Still nothing from the BBC and nothing on The Reg, but Sophos’s Graham Cluley has written now blogged about this. His piece is worth checking for extra details, which included:
Furthermore, at the end of the first excerpt you’ll see that the BBC “warned” the users that their computers were part of a botnet. They did this by changing the desktop wallpaper of affected computers owned by innocent third parties to display a message from BBC Click.
As Graham notes this looks like another clear violation of the Computer Misuse Act. Also, the email accounts they spammed were located on Google and Microsoft owned services…
update 13:30
Well The Reg has finally posted an article on this story. For the moment as they haven’t mentioned the tip off I gave them over 3 hours ago.
update 14:17
I have received a very polite response to an email query to John Leydens the journalist who wrote The Register’s article on the BBC Click Botnet. It seems they had multiple tip-offs which seems plausible and the delay in posting the story was due to attempts to gain comment from the BBC and other sources prior submitting.