IANAL, but it sounds to me like bluster.
Unless cookies are used (and the surfer does not disable them) or the
surfer's ISP is involved there is no way of tracking whether they do access
the site.
One of my business interests is partnership in a web business that is
vulnerable to fraudsters, scammers, spammers etc at http://partnermine.com
(it is office safe) We get the lot. Credit card fraud attempts, Russian
Brides, Nigerian 419 scams, everything.
What we do is simple. We have blocked all IP ranges in Nigeria and
surrounding nations, Russia, and a large tranche of Israel since a major
Israeli ISP gives IP space to satellite surfing from Nigeria.
The answer is that it is technically possible to do this pretty easily, but
it is a large small meshed net. It catches innocent people as well.
By the way the Privacy Policy was pretty interesting to write! All that
sensitive data!
-----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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