Ok, so one of my sites that I run, which I cannot publish the URL as it's content is of an adult nature, has many members on it and there is one member who keeps spamming everything. Spamming the forum, sent over 3,100 messages to random members, filling up the advert board and posting hundreds of comments on pictures and videos... all containing the same thing - a simple copy and paste then submit. I've removed his account before but he creates a new one, I block his IP address he just releases his IP and comes back on with a new IP address. Am I able to proceed with any legal action? (I'm based in the UK and this annoying person is also based in the UK - well according to the IP address he is). Last time I had a thread given to me over the internet the police did sod all to help... they didn't even know what a database was or an IP Address. :/ What would you suggest?
I would suggest you to put a flooding system on the messages system and on your forum. You can only send messages every 1 minute and on your forums, you can only open a thread/ post every 45 seconds. Also you could get his IP Address (if he isn't using a proxy) and find his ISP and get in contact with them. - Give them the exact time him and his IP Address when he was browsing on your site. (I'm guessing he has a dynamic IP Address or he is using a proxy. Lets hope a Dynamic IP Address, you can easily get him). - Provide some of the spam that he has been posting. Good Luck with this!
Hey James12513, I will be in touch with his ISP tomorrow, I hope it's not NTL / Virgin Media ... I'm not waiting almost an hour on hold. I think I will implement a message flood check thing. (Oh do you know if they've published anything in writing saying that it is (or is not) illegal to spam?)
Sorry no idea about the writing but I'm sure it is illegal to spam a site. I'm gald you will implement the flood checking script, this should stop a lot of spammers. Probably because most of them cant be bothered to design a program to automatically spam according to your flood timings lol Theres no point only if your site had millions of hits a day lol ~ James P.S. Let us know how it goes!
You could apply to the court for an injunction (interdict in scotland)- this would probably be granted in the circumstances, and would prevent him from causing you any more problems. If he breaches the injunction, there will be serious conseuqences, and it might not be too expensive...
Sorry for the late response, just noticed this thread. Firstly, I'm not a lawyer, so if all of the following is total crap and leads to the end of the world as we know it it's not my fault I'm not sure offhand about UK legislation relating to spam, but I'd say that this guy could be in breach of Section 1(1) of the Computer Misuse Act. He's obviously not authorised to do anything on your forum, because you've banned him (and presumably he's also in breach of your forum's terms of use), posting spam should amount to causing the server to perform a function with intent to secure access to program or data, and he should know this is the case because he's taken steps to circumvent the ban. As PLRDeluxe says, an injunction might be in order here. You might also consider the Protection from Harassment Act, where a person must not carry out a course of conduct which amounts to harassment of another - the harassment can include distress, and must happen on at least two occasions for it to be a "course of conduct". The Protection from Harassment Act sets out both criminal and civil aspects of harassment, so if plod is less than enthusiastic about taking the matter up you could issue civil procedings against your spammer - your solicitor will be able to tell you more, but I'd think some kind of restraining order and maybe a claim for damages might be in order? Computer Misuse : http://www.opsi.gov.uk/acts/acts1990/Ukpga_19900018_en_1.htm Harassment Act http://www.opsi.gov.uk/acts/acts1997/1997040.htm Hope that helps a bit! Rob.
To discourage the offender change the values for every 24 and 48 hours and leave it that way for a week. Spammers can wait for 1, 3 or 5 minutes when it comes to annoy other people