Legal Question in Technology Law in Canada
DDoS and Hacking
What can be done about a hacker that is performing DDoS (Denial Of Service) attacks on individuals and servers? How would a situation such as this be handled if the hacker is located in Canada and I am located in the United States?
2 Answers from Attorneys
Re: DDoS and Hacking
Geneva convention. This is all theoretical, because I've never done it. Ok, so what you do is sue here, but you need to find them and serve them in accord with the Geneva Convention. They can't defend here, because it is too expensive. You get a default judgment and then you bring the Judgment there and collect in accord with the Geneva Convention. Can you figure out where they are?
Re: DDoS and Hacking
It's hard to really be sure where a given attacker is coming from, and even harder to prove it in court. Then you have the problem of serving court papers on the person. Then, assuming you win, you have the problem of finding their assets and persuading a court in their locality to take the assets on your behalf. This is all really difficult and money-intensive. And you could call the authorities, but it seems they generally do not enforce the law on behalf of individuals, they only seem to want to protect ISPs, banks, or big corporations. It's tough. Your best hope is that the attacker will be dumb enough to target an organization having enough clout to get the attacker arrested. If you have good evidence that identifies the attacker, you could try providing your information to the FBI or the RCMP. But don't hold your breath waiting for them to do anything about it. Likely as not, the attacker is a juvenile and effectively beyond criminal punishment.
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