Microsoft Uses DMCA To Force Cryptome Offline
from the abuse-of-dmca dept
You may recall late last year we wrote about how Yahoo got upset about the security website Cryptome publishing their "surveillance guide," which details the process (and prices) for law enforcement to request information from Yahoo. Yahoo got upset and issued a DMCA takedown notice, which Cryptome fought. Cryptome has published similar documents from a variety of companies. Recently, for example, it published one from Microsoft, and... once again it's faced with a DMCA takedown. Microsoft sent the DMCA takedown to Network Solutions who refused to stand up for Cryptome, leading to the site being taken offline. Even worse, Network Solutions didn't even wait until its self-imposed deadline to take down the site. As soon as Cryptome filed a counternotice (which would actually give NetSol a reason to keep the site up), NetSol took the site down.This is a massive abuse of the DMCA takedown process by Microsoft. The DMCA is designed to stop people from sharing copyrighted information not for the purpose of hiding documents -- and especially not for the purpose of trying to suppress the release of important information.
Furthermore, this kind of move has only served to do one thing: call much more attention to Microsoft's surveillance guide, which, yes, is now much more widely available. On top of that, it's made clear that Network Solutions will immediately buckle under DMCA threats -- so if they're your register, perhaps it's time to look elsewhere. Microsoft is a company that should know better than to abuse the DMCA to stifle free speech, and it seems quite likely that they will end up regretting this decision.
Update: And, of course, now that they've drawn much more attention to the whole thing, Microsoft has withdrawn the takedown.
![Hide This Hide this](https://ii.techdirt.com/s/t/i/topclose.png)
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: copyright, dmca, security
Companies: cryptome, microsoft
Reader Comments
Subscribe: RSS
View by: Time | Thread
huh?
The company that creates guides for spying on people should know better then to abuse DMCA (which is designed to be abused). Im not sure why you think that?
[ link to this | view in chronology ]
MS now stands for R.E.T.A.R.D.
[ link to this | view in chronology ]
what wouldyou say to proof they spy
I REPEAT ALL
remember that comment by them that they OWN YOUR PCS
[ link to this | view in chronology ]
Re: what wouldyou say to proof they spy
[ link to this | view in chronology ]
Good ISPs?
Freedom
P.S. Sure glad we don't have censorship in the US like China (argh!).
[ link to this | view in chronology ]
Re: Good ISPs?
[ link to this | view in chronology ]
I AM SPARTACUS
your all pwned
one left in canada
= teksavvy
[ link to this | view in chronology ]
Re: I AM SPARTACUS
It is almost free :D
[ link to this | view in chronology ]
Re: I AM SPARTACUS
[ link to this | view in chronology ]
Huh? v2
[ link to this | view in chronology ]
Re: Huh? v2
[ link to this | view in chronology ]
Donate
http://cryptomeorg.siteprotect.net/
Get the 14 year Archive for $25.
[ link to this | view in chronology ]
Re: Donate
Got to love the internet.
[ link to this | view in chronology ]
Re: Re: Donate
[ link to this | view in chronology ]
Confused
In most cases you can get another account at another provider in a day or two and be up and running again, even if they were your host.
I can remember when you managed your own name shortcuts and DNS was for those folks who couldn't use their hosts file. Now get off my lawn, you punk kids.
[ link to this | view in chronology ]
Re: Confused
"Network Solutions shut Cryptome.org and has placed a "legal lock" on the domain name, preventing its transfer, until the "dispute" is settled. Some recent files are available now and the full collection is being transferred."
[ link to this | view in chronology ]
Re: Re: Confused
I'm sorry, but... WHAT? Is that even legal? If that's not a massive violation of the FTC Act or some other anti-anticompetition law, it ought to be.
[ link to this | view in chronology ]
Re: Confused
I think you meant "registrar", and NS locked the domain name specifically to prevent Cryptome from moving to another registrar.
[ link to this | view in chronology ]
What's the point?
Why waste your time looking like a douche for issuing DCMA notices? All you did was make Cryptome look like martyrs and you look like you have something to hide.
Everyone knows law enforcement has access to anything in the cloud, because laws have not kept up with technology.
[ link to this | view in chronology ]
Just another reason
[ link to this | view in chronology ]
I believe the word you wanted there is registrar. Just sayin' ;)
[ link to this | view in chronology ]
FYI
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Crappy, isn't it?
"...upon receipt of a Counter-Notification from you, Network Solutions will disable your site for “not less than 10 days, nor more than 14 business days following receipt of the Counter Notification..."
This is what they sent to Cryptome. Note they said they would disable UPON RECEIPT... So... yeah... Sucky service, huh?
[ link to this | view in chronology ]
Microsoft not at fault regarding takedown
Microsoft's only fault might have been the use of a DMCA notice in the first place. Although, I haven't yet heard a legal argument for why the public should be entitled to this "important information". Yes, it could be a bad business decision not to publish the document, but how does this override their copyright claim to it?
[ link to this | view in chronology ]
"Spying Guide" not so much
Really the point I am trying to make is that the description of these documents as being so very shady is misleading, although I will grant that MS's response is a little ridiculous, they are correct the document does have a prominent copyright notice on it, but really the document seems far to benign to be worthy of the kerfuffle that MS caused by going DMCA after it.
[ link to this | view in chronology ]
Re: "Spying Guide" not so much
So who here claimed that it had "prices for spying"? (Although I could see why some M$ apologist might like to create such a straw man here. More sleaze.)
[ link to this | view in chronology ]
A response from Network Solutions
Thank you for contacting Network Solutions Customer Service Department. We are committed to creating the best Customer experience possible. One of the first ways we can demonstrate our commitment to this goal is to quickly and efficiently handle your recent request.
We do apologize about that the Web site was brought down. However, the domain name CRYPTOME.ORG is back online and the current Registrant is able to make updates to the Web site. We checked the Internet and were able to resolve to http://cryptome.org/.
We value your business staying with Network Solutions and we hope you will not be moving your services out of Network Solutions.
We hope this update has been helpful. However, if you have any additional questions, please don't hesitate to contact our Customer Service Department.
Please do not respond to this E-mail. If you have any additional questions, you can reach us by phone at 1-888-642-9675, from outside the U.S. or Canada, please call 1-570-708-8788 and provide Service Request # 1-452491624.
Thank you for choosing Network Solutions.
Sincerely,
xxxxxxxx
Network Solutions Customer Support
(c) Copyright 2010 Network Solutions, LLC. All rights reserved.
[ link to this | view in chronology ]
Re: A response from Network Solutions
An apology? That sounds like an admission of guilt, to me.
[ link to this | view in chronology ]
Re: A response from Network Solutions
sounds pretty funny in a formal letter.
just like Galileo wrote to pope:
I checked the universe and found that Earth is still revolving round The Sun. I hope you will find this interesting and include it in your next Sunday Scientology Talk...
[ link to this | view in chronology ]
re
[ link to this | view in chronology ]
That said, I have a song: "Ring of Fire" by Johnny Cash. Today, I'm quite well established in my own ring elsewhere.
"Wild desire.
YOU went down down, down, and the flames went higher.
And it burns, burns, burns, the ring of fire.
The ring of fire."
[ link to this | view in chronology ]
Re:
[ link to this | view in chronology ]
Thank you Microsoft, your wealth of ignorance astounds me.
If it wasn't for this foolishness I might have never known about cryptome, and worse I might have used Network Solutions and my domain registrar.
Now I have a new favorite site and know better than to trust network solutions to even attempt to fight for my rights to free speech.
[ link to this | view in chronology ]