fran ilich on Sat, 20 Apr 2002 16:57:07 +0200 (CEST)


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[nettime-lat] FW: [LINK] Hacking 'legal' in Argentina



------ Mensaje reenviado
De: geert lovink <geert@desk.nl>
Fecha: Fri, 19 Apr 2002 12:47:13 +1000
Para: fran ilich <ilich@de-lete.tv>
Asunto: Fw: [LINK] Hacking 'legal' in Argentina


----- Original Message -----
From: <jeff.evans@dsrd.vic.gov.au>
To: <link@www.anu.edu.au>
Sent: Thursday, April 18, 2002 11:17 AM
Subject: [LINK] Hacking 'legal' in Argentina


 This BBC article may be of interest:

 Hacking 'legal' in Argentina : Another judge could yet rule differently on
 the case
 Tuesday, 16 April, 2002, 06:48 GMT 07:48 UK
 http://news.bbc.co.uk/hi/english/world/americas/newsid_1932000/1932191.stm

 By Lourdes Heredia
 BBC correspondent in Buenos Aires

 An Argentine judge has ruled that hacking is legal by default in the
 country, arguing that the law covers crimes against people, things and
 animals, but not cyberspace.

 Hackers protested the death of a journalist whose murder was linked to an
 associate of Menem It is the first case against computer hacking in
 Argentina. The judge gave his decision after presiding over the case of a
 group of people that broke into the Supreme Court's website.

 Argentine law does not protect a website, so hacking into it cannot be
 illegal, he said, declaring those on trial innocent of
 the charges that they broke into the site.

 'Legal void'
 However, in the ruling, the judge warned of a "serious legal void" in the
 prosecution of digital crimes. And in Argentina, courts rulings do not set
 legal precedents, therefore another judge could rule differently in a new
 case.

 The group, known as the X-Team, modified the high court website in 1998,
accusing the judges of covering up the murder of the prominent journalist
 Jose Luis Cabezas.Cabezas' bullet-ridden, charred body was found in his
car in 1997 after he posted pictures of businessman Alfredo Yabran. Yabran
was alleged by some to have been corrupt and was linked to former Argentine
President Carlos Menem. He committed suicide after a judge ordered his
 arrest.

 The death of the journalist, which happened during Mr Menem's government,
 provoked several protests against impunity and corruption among the
 Argentine elite.

 Regards

 Jeff Evans
 Online Services Manager, Small Business Online
 Department of Innovation, Industry and Regional Development
 Victoria, Australia

 http://www.businessaccess.vic.gov.au
 http://www.business.channel.vic.gov.au
 http://www.export.vic.gov.au
 --


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