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Microsoft Says It Never Meant To Knock Cryptome Offline

CWmike writes "Microsoft withdrew on Thursday its demand that Cryptome.org yank the 'Microsoft Global Criminal Spy Guide' document from the site, and said it had never intended for the whistleblower's domain to be knocked off the Web. 'In this case, we did not ask that this site be taken down, only that Microsoft copyrighted content be removed,' said a Microsoft spokeswoman. 'We are requesting to have the site restored and are no longer seeking the document's removal.' The document, a 17-page guide to law enforcement on how to obtain information about users of Microsoft's online services, including its Windows Live Hotmail, the Xbox Live gaming network and its Windows Live SkyDrive storage service, was published by John Young, who runs Cryptome.org, on Feb. 20. Earlier this week, Microsoft demanded that Young remove the document from his site, citing the Digital Millennium Copyright Act. When Young refused, his Internet provider shut down the site, and Network Solutions, the registrar of Young's domain, put a 'legal lock' on the domain name. The last prevented him from transferring the URL to another ISP. Computerworld blogger Preston Gralla dug into the document today in his 'Leaked Microsoft intelligence document: Here's what Microsoft will reveal to police about you' post."

7 of 176 comments (clear)

  1. Openness by sopssa · · Score: 5, Interesting

    While I completely agree that using DMCA to pull of the site is an asshole move, the documents also gave reassurance about privacy policies used in those services, mainly that MS isn't logging chat between people in Messenger and that when you move the email from their servers to your local computer email box, it isn't kept on MS servers. While in contrast, in my understating, for example Google keeps even deleted email somewhere in their networked file system for many many months.

    I actually like to see more of these from different companies. Most interestingly, Facebook has a lot personal data. And what about Google? Yahoo?

    If anything, such openness is good for MS in this case (even while they don't seem to agree to it, until now that it's leaked).

    1. Re:Openness by moco · · Score: 5, Informative

      The site is back up. Facebook's equivalent document is already there http://cryptome.org/isp-spy/facebook-spy.pdf

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      moi
  2. Oh COOL: Tracking stolen xboxen... by nweaver · · Score: 5, Interesting

    One thing thats implied is that if the police say "this X-Box, SN#ABC, was stolen on this date", Microsoft will return the subsequent connection history for that xbox!

    Speaking as someone who had my house broken into and my Wii stolen (I had no xbox at the time), this would have been very cool to have, since Nintendo would do F-all when asked.

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  3. Who gave Network Solutions a badge? by TwineLogic · · Score: 5, Interesting

    That Network Solutions, Inc. placed a "legal lock" on his domain name strikes me as NSI appointing themselves sheriff.

    We don't need totalitarian internet authorities who "enforce the law" for Microsoft's civil complaints.

    I suggest we all boycott Network Solutions, Inc. over their treatment of cryptome.org. I will do so.

    1. Re:Who gave Network Solutions a badge? by dch24 · · Score: 5, Interesting

      No, if cryptome.org is hosted at Network Solutions (it was, IIRC), Network Solutions should disable or block the hosting.

      Commandeering the domain name (a.k.a. "legal lock") is neither protected by the DMCA nor permitted by ICANN.

      John Young may be able to sue Network Solutions on this basis.

    2. Re:Who gave Network Solutions a badge? by laughingcoyote · · Score: 5, Insightful

      Permission is not required in the instance of fair use. In this case, he was distributing something that was technically copyrighted, but is not in itself a commercial product, and was clearly distributed for the purpose of commentary, criticism, and public interest. Fair use is ultimately only determined by a court case, but those are all strong factors in favor of it.

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  4. Fun to hate on MS but... by slimjim8094 · · Score: 5, Insightful

    I'm no fan of Microsoft, but I think they've handled this whole situation correctly.

    There's no indication that the document in question was *not* copyright by Microsoft. In this case, the correct legal action is a DMCA, same as if you had a movie up on your site. NetSol is just being a dick, as usual - it's not their responsibility to screw with the domain over the dispute between 2 third-parties unless legally required to (I don't think that's the case here).

    In any case, when Microsoft saw how this was about to go all Streisand on them, they decided correctly that it wasn't worth the fight.

    I believe them when they said they didn't intend to take Cryptome down. Looks like it was just NetSol being... proactive. So really the only thing they'd be at fault for was sending a DMCA, which is clearly within their rights. They probably have underlings scouring the web and sending DMCAs - so they were probably not delibrately targeted. When it had unintended consequences, they withdrew it.

    I don't think MS is at fault here. I actually think they acted quite exemplary.

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