BBC breaks the law?

As part of the BBC's Click programme, BBC researchers acquired a low value botnet and used it to demonstrate how botnets can be used to send spam and perform denial of service attacks. Graham Cluley of Sophos, questions in his blog whether the BBC have broken the law as represented in Computer Misuse Act.

Video:
http://www.geekpolice.net/computer-security-f27/what-are-botnets-t7500.htm#46235

According to Struan Robertson, a technology lawyer with Pinsent Masons, in a posting on Out-Law.com, the BBC's statement that the activity would only be illegal if those behind it had criminal intent is not true. Robertson said "The BBC appears to have broken the Computer Misuse Act by causing 22,000 computers to send spam.

More links and info:
http://en.wikipedia.org/wiki/Computer_Misuse_Act
http://www.out-law.com/page-9863
http://www.heise.de/english/newsticker/news/134688
http://www.sophos.com/blogs/gc/g/2009/03/1...otnet-send-spam
http://www.virusbtn.com/news/2009/03_12.xml