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back to article ACS:Law fined for data breach

ACS:Law has been fined by the Information Commissioner's Office for failing to follow data protection law. The one-man law firm, which has since ceased trading, won infamy for using IP numbers to accuse people of illegal file-sharing. Victims received a letter offering to settle the claims rather than go to court. But ACS:Law …

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Hmmm

As he apparently did not concern himself with whether the people he was sending notices to had "limited means", I see no reason to not hit him with the full £200,000 fine.

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WTF?

Didn't he say something like.....

squeeze them like pigs and get all you can from them.

Disappointing result. Demanding money with menance is a criminal offence.

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Abso-bloody-lutely

That is all.....

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re: Didn't he say something like.....

"Demanding money with menace is a criminal offence".

Well actually that's a very interesting point. Whilst I don't personally think this comes under that particular criminal provision, some of ACS:Law's tactics *would* seem to come under the recent Protection from Harassment Act, which makes criminal a course of action intended to create fear or distress. British Gas were found guilty of this during a wonderful ruling not long ago. It's a developing area of law for sure.

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FAIL

Has this place

now become the hideout of pikeys, thieves and pirates? Even the editoral seems to encourage piracy these days....

It seems certain editors like to cherry-pick news.

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Did you read ...

the same article as me. Apart from the description of Mr Crossley as arrogant it seems to be wholly objective and a report of the facts. Though, given the quote from Mr Crossley, you'd have to work quite hard to disagree.

I can't see where the article encouraged piracy. Care to enlighten? Or are you just having a bad day?

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Do you work for Sony perhaps

feeling a little persecuted?

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Pirates 'R' Us

The piracy has nothing to do with this case. ACS:Law broke the law and it matters not who they were targeting. They allowed the exposure of 100s of people who may or may not have been doing something illegal, but the point is none of them had been convicted of any offence and they had the right to expect the information concerning them to be kept securely.

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Grenade

It is the Editor's

JOB to cherry pick the news, Coward. Not all news is the same. Unfiltered news is a lot of work for those who have better things to do. I don't have time to sort out corporate dung press releases (which pass for 'news' in the old media) from actual investigation and reporting. That why the Editor gets to be the Editor, and this is why most of us read El Reg.

Hideout of thieves and pirates? Not hardly. Gathering place for people who like to read about arrogant dipshits getting just what they deserve? Since 1998.

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Check your facts

Read the back story. A huge portion of the people ACS:Law were targeting were *not* pirates and had not downloaded the pr0n file of which they were accused. The company had used IP addresses to pinpoint downloaders which were unreliable and non-specific.

Veiled threats of legal action - none of which was likely to happen - were used to scare innocent people into paying up.

In addition, the credit card details of those who had coughed up were stored insecurely on the company network, and these details (along with a lot of correspondence between and outside of ACS:Law) was leaked due to this fact.

ACS:Law were the online equivalent of those dodgy parking companies that hit you with a £60 fine and threaten you with court action even when you're parked legally.

Next time, please check your facts before jumping to conclusions.

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a title is required (apparently)

Pikey... nope

Thief... nope

Pirate... on occasion

if I'm honest around 2% of my music collection is pirate, however that 2% represents tracks that you cannot purchase by any legal means (usually bootleg dance remixes of well known tracks).

on the subject of ACS Law they were well known for sending letters to people who they accused of downloading various content threatening them with court action unless a payment was made to acs law, even though ACS Law did not have enough evidence to prove that the people they were targeting were the ones that had downloaded the content.

a similar analogy would be for a legal company to send you a letter claiming that "your car was spotted doing 102mph on the M1 at some point in the last 12 months, Pay us £1000 or we will take you to court and you will lose your license"

when in reality their evidence is that a silver mondeo with a registration plate containing the number 51 was flashed by a speed camera and they have sent the same letter to every owner of a silver mondeo with a 51 plate.

ACS Law also folded up very quickly after their data loss (data which we now know was not being held securely in any acceptable way), One could almost imagine that the company was dissolved in order to avoid a big fine (£200,000 down to £1000 is quite a nice reduction)

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Pirate

Re: Clueless AC

Arrr. That is all.

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Troll

Hello Mr Crossley

Welcome to El reg.

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Pint

re: Has this place

Well, it's a broader church now than it seemed a year or two ago. Andrew Orlowski has been running quite a few good articles sticking it to the freetards, thank god. But you'd be forgiven for thinking it was a pro-pirate publication, given the editorial enthusiasms which one can sense. And, yes, this article (re ACS:Law) is in a sense a pro-pirate piece, because it is all about a single bad policeman, as it were, and ignores the vast collective harm done to artists (those who can still afford to call themselves that) by intellectual property theft.

Yes, Crossley seems very much a rogue, and it is pleasant to read about him getting his comeuppance, but we shouldn't lose sight of the bigger picture.

Incidentally there is a *wonderful* article on the subject in the New York Times here: http://www.nytimes.com/2011/02/15/opinion/15turow.html

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Troll

Successful Troll

is successful.

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@ fisher39

Maybe its all the Down votes he knew he would be getting! lol

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My Thoughts

My thoughts exactly!

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Re: Has this place

Computed probablility of OP being:

JimC: 48%

Doug Glass: 37%

PirateSlayer: 14%

Other: 1%

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re: Has this place

"Andrew Orlowski has been running quite a few good articles sticking it to the freetards, thank god."

Orlowski is apparently in favour of a robust copyright regime. That is a separate matter to whether such a regime is fair or not. Not that people who grin vacantly and use the term "freetard" would be able to comprehend this.

"Yes, Crossley seems very much a rogue, and it is pleasant to read about him getting his comeuppance, but we shouldn't lose sight of the bigger picture."

So the average organised criminal asking for protection money is just a lovable old rogue, too? I guess you fit into the Britard template quite nicely: as long as such "colourful characters" give you something to read in the tabloids, who cares if they're actually vicious, threatening bastards?

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Pirate

"we shouldn't lose sight of the bigger picture."

How big do you want the picture to get? The biggest picture of all is that on a long enough timeline the survival rate for everyone drops to zero.

Your post sounds like one of those Creationist rants, "teach the controversy".

The controversy is between established fact and people who are just bitter for one reason or another that the world changes without them.

Just because you spent all of your life savings on music, doesn't mean I have to, grandpa.

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What comes around..

goes around.

Wonder if his dole being 10 minutes late or the queues at the soup kitchen are quite as annoying?

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Anonymous Coward

"but since it's gone titsup it will instead fine Andrew Crossley as an individual"

If it happens I'll be amazed - this is one of the reasons for establishing Limited Liability Companies - i.e. limiting ones personal liability.

That said, it couldn't happen to a nicer person.

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Legal firms are partnerships

Legal firms cannot be limited companies they are all partnerships. The Law Society requires that partners in law firms are personally responsible for all liabilities. That is unless they have changed the rules recently.

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Anonymous Coward

Sole trader

As he was a sole trader he can be help liable for any debts his company cannot cover.

But considering the highly dubious nature of his business it is quite astonishing that a layer of all people wouldn't have covered himself with limited liability.

His incompetence seems to have no end.

As for him getting a piddling £1,000 fine because he’s skint, he didn't seem to worry about other peoples finances when he was boasting about buying a Ferrari.

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Anonymous Coward

Limited Liability doesn't work like that

Without boring you with the finer details directors of Ltd companies can be found liable and accountable for actions taken by that company, despite the limited liability part. Which is why, I suppose, it is limited liability and not zero liability.

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Anonymous Coward

ACS Law

ACS LAW LTD

49 VICTORIA CRESCENT

MONTON

MANCHESTER

M30 9AN

Company No. 05332373

Company Type: Private Limited Company

Nature of Business (SIC(03)):

7411 - Legal activities

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Law Firms

Law firms tend to be LLP rather than LTD - Limited Liability Partnerships

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Anonymous Coward

Limited - from Business Link

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1087521544&r.l1=1073858805&r.l2=1085161962&r.l3=1073865730&r.s=sc&type=RESOURCES

Private limited companies:

Limited companies exist in their own right. This means the company's finances are separate from the personal finances of their owners.

A company may be limited by shares or limited by guarantee:

a company is limited by shares if members' liability is limited to the amount, if any, unpaid on the shares held by them

a company is limited by guarantee if members' liability is limited to an amount the members agree to contribute to the company in the event of its being wound up

For a company limited by shares, shareholders are not responsible for the company's debts unless they have given guarantees - eg a bank loan.

However, they may lose the money they have invested in the company if it fails.

Shareholders may be individuals or other companies. However, shares cannot be offered to the general public.

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Limited Liability

For both limited companies and LLPs, liability is NOT limited for directors/partners if they can be shown to have been negligent or criminal. HMRC has successfully extracted money from former directors of bankrupt limited companies on this basis.

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FAIL

Wait a mo...

"A spokeswoman for the ICO said Crossley had provided the court with a written, legal statement showing he was skint."

Presumably on the same notepaper that he used to provide "written, legal statements" trying to extort money from innocent people? And for this he gets 99.5% of the fine that he should have faced written off? Sheesh...

Oh, @AC "Has this place..." - no, you're mistaking El Reg for the offices of the late ACS Law...

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I think the words "f***king chancer"

about covers him.

As for that "I;m skint" routine I'd rather strongly doubt it.

I suspect a good forensic accountant would discover some very interesting transactions on his finances.

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Skint Lawyer

Isn't that an oxymoron?

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Happy

Couldn't happen to a..

..nastier bunch of shitbags.

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Headmaster

Well, actually it could...

... but only because Crossley is a lone shitbag.

Permission is granted to go Tonto on him anyway, though.

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Joke

A lawyer skint.....

in other unlikely news Democrats lower taxes, and politicians found to be honest and sincere.

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In other unlikely news

Pop has Protestant leanings and bears seen heading out if woods after eating.

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So...

... when is the Information Commissioner going to fine Sony over their similar fail? Will it be in proportion to the number of people who they have exposed to identity theft, relative to ACS:Law?

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Grenade

Hows the coffee queue now?

Shame the ICO is still spineless though, fine him the full £200,000, take his house and cars as a message to other would be chancers.

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Totally Agree

£1000, what a joke. It really makes me sick.

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Happy

Ah the irony :)

I didn't realise until now, ACS:Law was a one man show. I must have missed that bit of news. :)

Still it helps explain why ACS:Law as a company appeared so single mindedly arrogant.

ACS:Law always gave me the impression it was setup as an extortion racket.

So Crossley tried to intimidate money out of people only to end up having to pay up himself. Ah what irony. :)

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WTF?

But what about British Telecom?

They committed *exactly the same offence*... they sent acutely sensitive personal information as an unencrypted email attachment in defiance of an explicit court order.

"Sensitive personal details relating to thousands of people were made available for download to a worldwide audience and will have caused them embarrassment and considerable distress. The security measures ... in place were barely fit for purpose in a person's home environment, let alone a business handling such sensitive details"

That statement is also true of British Telecom. BT they had the skill, the technology, and the resources to comply with the court order and they too showed complete contempt.

And yet, the ICO have done nothing to penalise them, yet BT are perfectly capable of paying a £200,000 fine.

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Skint lawyer?

Don't worry, the bailiffs will happily take your TV, Car and house.

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The Biter Bit

Fair's fair. Just set the fine at the national debt.

It's a pity we have done away with debtors' prisons. I would love to see film of him winding the screw machine all day. I would probably download a copy via peer-to-peer.

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Looking at some of the numbers quoted in this interview...

I'm highly skeptical that he could have burnt through all the cash and assets mentioned.

http://www.telegraph.co.uk/culture/8110261/Are-you-a-middle-class-pirate-This-man-wants-a-word-with-you....html

£1000 is a joke given how directly and personably responsible he seems to be have been found for the inadequate security provisions.

I'd like to know how this "self certify my abiilty to pay" works as I'd love to use it on my next tax bill.

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Anonymous Coward

@Adam.c and others

Reference burning through cash and assets.

It is quite easy, really - put them in someone else's name such as a spouse or child. You can then honestly say you own nothing even if you live in your wife's mansion, driving your wife's Ferrari and buying Armani Suits in you r size and cut but for your wife, with money your wife gives you to go shopping for man's suits in your size for her.........

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@Lee

Okay, who's up for seducing his wife and causing a divorce?

No, I don't know what she looks like!

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