I think it would be very difficult to prove if visitors were not
authenticated in some way - ie. web server access logs would not
strongly identify the individual.
If they were authenticated by means of username/password type
arrangement then yes, they can be banned and yes, it is my feeling that
this does have some mileage under CMA if they attempt to gain access.
I'm not yet aware of any previous cases of this type.
You may also find that a case in the event of the user not being
authenticated may fail based on the fact that the user must also know
that the attempts are unauthorised at the time of the access - which if
the web site is saying 'welcome please have a look around' of course
contradicts such a stance.
Ian
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Nick Landau
Sent: 20 December 2006 16:18
To: [log in to unmask]
Subject: [data-protection] "Unauthorised" access to "public" website
Someone posted on uk.legal.moderated that they had heard that someone
had
been "banned" from a particular website.
"I heard a story recently about someone being 'banned' from using or
viewing a Company's website. This individual is not an employee of the
company, and the website is not one through which goods can be
purchased; articles posted etc."
Someone posted that:
"Computer Misuse Act.
If they have been informed that they are no longer authorised to access
the computer(s) at that address, then they will be in breach of the CMA
if they do so."
I would have thought that simply informing someone that they are
"banned"
from a website is meaningless where a site is accessible by anyone on
the
Internet.
Can I have comments?
I would have thought that the owner of the website was supposed to put
up
some barrier to entry - if there is an open door how can one be accused
of
breaking and entering?
It is not Friday afternoon but...
Nick Landau
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