Reply to post: Re: And they are

Malvertising maniac messes MSN, serves corrupted creative

Crazy Operations Guy

Re: And they are

Keeping it a civil offense would be a better move. In a criminal case, the burden of proof is on the prosecutor to convince a jury that the defendant is Guilty beyond a reasonable doubt. Whereas a Civil trial, the burden is on the defendant to prove that they are innocent beyond a reasonable doubt (This is why OJ Simpson walked free in the criminal trial but was found guilty in a civil court). In a criminal court, the defense attorney would just need to argue that the victim's DNS settings or the routing of the poackets were tampered with and the malicious code came from a faked website (In which case the prosecutor would need to gather every packet from the transaction to to actually prove that the code came from the defendant's servers). Beside, a private citizen cannot gain anything from a civil trial, so any fines or punishments would go right to the state.

What is really needed is a bunch of high-end lawyers working on such a case pro-bono to counter the lawyers the large advertisers employ. You;d also need some large organization to shoulder the burden if the case is lost (In the US, the loser pays the legal fees of whoever wins).

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