Unsuspecting network managers could find themselves at the centre of libel action if their hacked websites publish slanderous statements.

Despite not originating the offensive material, with software defences improving, ignorance may not be considered a defence in future.

In the past month alone, a hacker called Herbless has broken into 450 corporate sites. Instead of stealing valuable customer or financial information, he used their web pages to make a variety of protests.

One victim, HSBC bank, found credit card details untouched after Herbless hacked its website. But he gave his opinion on petrol prices, and published a picture and fake statement from UK Prime Minister Tony Blair.

Even though HSBC did not create this content, as the owner of the site and therefore publisher of the defamatory statement, it could be sued for libel.

Ian Austin, Halliwell Landau's litigation partner, said that if hacking caused libel, it could make a case that would stand up in court.

"A defamatory statement can do a lot of damage before a network manager realises and takes it down," said Austin. "The company would have a good chance of being taken to court. As technology gets better, prevention and detection of hacking has become easier. It makes it harder to plead hacking as a defence, because content not corrected speedily could be seen by the court as neglect."

HSBC removed Herbless' statement within hours, but Legoland took three days to recover. Less obvious attacks have the potential to remain undiscovered for months.

Alan McDonald, network manager at Stirling Council, said that he unaware that he could be taken to court for the things that a hacker placed on his website. "It takes time and money to secure a website, but if you can be sued for libel it makes it even more important to do it," he said. "Knowing this, I may now find the budget to buy software that mirrors websites, and overrides changes caused by hackers."

First published in Network News

See also:

Anti-hacking squads could help corporates

Gartner has called on enterprises to consider establishing specialist internal anti-hacking teams who would have wide ranging powers to defend against internet attacks.  18 Oct 2000

How harmless is Herbless?

Although many hackers argue that they are merely airing grievances rather than causing malicious damage, website administrators may unwittingly find themselves subject to libel action if their web pages carry defamatory material.  02 Oct 2000

Herbless - five weeks of 'hacktivism'

From Sheffield City Council to Hong Kong and Shanghai Banking Corporation, via Legoland.  21 Sep 2000

HSBC internet sites hacked

HSBC's UK internet site and three of its international sites have been hacked as part of an ongoing campaign in support of the fuel protest.  20 Sep 2000

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