Asperger Job Or Career Finance

The Rafiki spam and other stories to keep you awake (I)

Today I read some resolutions of the Agency that have made me the creeps.

The first comment referred them to a case is certainly unique in the agency business. This is a case for sending advertisements without consent by mail that the spammer was found to be minor. Anyway, this Rafita of spam registered a domain name from which it was operating illegally collected e-mails and was devoted to "sporadic commercial actions" without doubt in order to gain money for kalimochos.

Anyway, Monsieur le Directeur does not punish anyone, even acknowledging that it has incunplido LSSICE the Data Protection Act and, based on the following reasoning:

" In the present case can not forget that this is a minor who has committed acts that might sanction, having been accredited to the assumptions that define the requirements that have been violated. But it is necessary to distinguish the responsibility of guilt. The first occurs when the subject materially takes the steps necessary for the consummation of the crime, which in this case is the sending of email without the observance of the provisions in both LSSI and in the Data Protection Act, but the guilt is the ability of understanding and the possibility otherwise acting, so things can be responsible for a violation and whether it might not be guilty, considering the volitional element of intent or fault.

(...)

In the present case can not fail to value the development of new technologies and their use is not proportional to the evolving knowledge of sectoral rules "Ratione materiae" as applied here (LSSI and Act), so in this case, however much the child used to the use of new technologies appears to be fully proved their knowledge of regulations specifies that the regulated and the consequences of the breach, and that while ignorance of the rule does not excuse, that "extra cognitio" due to a minor, establishing a strict liability regime, which as stated ut above is outlawed in our or rdenamiento.

It can be concluded that although the facts are accredited criminalizing the provision, lack the volitional element of guilt in order to give the cases for deploying the power to sanction the case, proceeded to file this proceeding . "

Now, between you and me who The Blame it does not exist because the baby did not know what he did is prohibited. Read the full resolution here.

Now I'm going to sleep. Lopedé I've had enough for today. Good night.