(Source: Guardian technology supplement, 2 April 2009, rewritten) Some incredibly broad laws passed last year are being used, apparently for the first time, to attack online anonymity. An unnamed IT worker who owned the colo for the Indymedia UK server has been charged under these laws. His offence appears to be that the server, which he doesn't administer, does not keep IP addresses of posters. After some animal rights activists were imprisoned, an anonymous poster posted Justice Neil Butterfield's home address and incited harassment against him. This was quickly deleted by the admins, and it was posted again and again deleted. Kent police demanded the IP addresses, eventually seized the servers (fortunately they are one of many mirrors), and arrested, charged and bailed him under Serious Crimes Act provisions prohibiting:
"intentionally encouraging or assisting an offence" "encouraging or assisting an offence believing it will be committed" "encouraging or assisting offences believing one or more will be committed" Apparently one possible defence is that he acted reasonably, but "that would be for him to prove", according to a senior partner from Simons Muirhead & Burton. The case now rests with the Crown Prosecution Service. My (toad's) remarks: If he is convicted merely for not keeping logs of IP addresses of posters, what chance do we have? If interpreted that broadly it would surely make all anonymous web services illegal in the UK? Criminal law is supposed to be unambiguous and narrowly defined, this is why harsh penalties are available; not introduce numerous new offences (such as not logging IP addresses on a forum discussing animal rights activism) by the back door!
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