The three men accused of building the Mariposa botnet may never be imprisoned, due to the nature of Spanish law.

"Spain is one of nearly three dozen countries that is a signatory to the Council of Europe’s cybercrime treaty, but Spanish legislators have not yet ratified the treaty by passing anti-cybercrime laws that would bring its judicial system in line with the treaty’s goals," writes Krebs on Security's Brian Krebs.

"Juan Santana, CEO of Panda Security, said he hopes this case will spur Spanish lawmakers to amend the penal code to more specifically punish cyber crime activities," Krebs writes. "'I don’t think these guys will go to jail, especially if it is the first time they have committed a crime,' Santana said. 'The government needs to pass laws that are enforceable and enforced afterward.'"

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