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As suggested by a friend of mine, why didn't they just prosecute the guy under s.127(2)(c) of the Communications Act 2003 instead.

Kevin Calder

It's an interesting question. The Communications Act 2003 provides for an offence where a person '...for the purpose of causing annoyance, inconvenience or needless anxiety to another...persistently makes use of a public telecommunications network.' The facts of the case are not completely clear, but two possibilities are that there was an issue in proving: (i) that the motive behind the emails was in fact 'causing annoyance, inconvenience or needless anxiety', or (ii) that the individual had 'persistently made use' of the network, given that the relevant software may have generated the emails in such a way that the network was not persistently re-used by the individual in question.

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