“It is almost impossible to be sent to prison for these kinds of crimes in Spain, where prison is mainly for serious crime cases,” said Captain Cesar Lorenzana, deputy head technology crime division of the Spanish Civil Guard. “In Spain, it is not a crime to own and operate a botnet or distribute malware. So even if we manage to prove they are using a botnet, we will need to prove they also were stealing identities and other things, and that is where our lines of investigation are focusing right now.”
Mariposa botnet owners unlikely to get jailtime
Posted on Friday, March 05 2010 @ 18:50 CET by Thomas De MaesschalckKrebs on Security reports the three Spanish men that were arrested for building a network of more than 12 million infected PCs that were used for everything from spamming to identity theft are unlikely to get jailtime because of insufficient cyber crime legislation in Spain.
