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IP Lawfirm Sues Typosquatting Security Researcher

First time accepted submitter scottbee writes "A major New York intellectual property lawfirm has filed a $1m lawsuit against domain squatter/security researcher Wesley Kenzie (aka Securikai). Kenzie registered domain names to collect misaddressed email, and then holding companies to ransom claiming he had found security vulnerabilities and would consult for five figure engagements. Lockheed Martin handled it with a simple UDRP, but the Gioconda Law Group decided instead to file a lawsuit for 'cybersquatting, trademark infringement and unlawful interception of a law firm's private electronic communications in violation of federal laws,' along with a permanent injunction. Kenzie had also tried the same tactic against Rapid7's HDMoore, but was shamed out of the domain names earlier this year."

25 of 101 comments (clear)

  1. Scummy by Anonymous Coward · · Score: 3, Insightful

    Well this Kenzie guy seems to exhibit some pretty scummy behavior. However that bad behavior does not equate to "unlawful interception of a law firm's private electronic communications in violation of federal laws" (at least as I understand the law). He received emails addressed to his legally acquired domain. I don't know if intent plays into the law on this or not - obviously he did intend to get these emails, so maybe that does make him culpable. I am obviously not a lawyer. But as an average citizen, I can say that bad behavior like his should not be rewarded. So hopefully he doesn't make any more money on schemes like this. Just because the way things are setup allows people to be an asshole doesn't mean that they should act like an asshole.

    1. Re:Scummy by Tastecicles · · Score: 2

      if they're making a federal case out of it (pardon the pun), then intent is at the very heart of the matter. It can be proved via cc records and details in the ICANN registry that he bought the domains, so that's not even on the table for discussion. It's for the Feds to prove that his intent was to extort money from "rightful owners" of the domains. I put that in quotes because they missed the boat - he bought the domains, he rightfully owns them.

      --
      Operation Guillotine is in effect.
    2. Re:Scummy by Charliemopps · · Score: 5, Insightful

      No, it'd be like if you had your name legally changed to Mitch Romney, moved in across the street from Mitt Romney, waited until you inevitably got some of his mail and then threatened to release it to the public unless he paid you a consulting fee. What this guy did was wrong, but sadly this is very likely going to result it poorly written court decisions or even laws that end up being used powerful people and organizations to squelch competition. Much like existing cyber squatting laws have been abused.

    3. Re:Scummy by interkin3tic · · Score: 5, Informative

      I'm no lawyer, so I'm not talking about legal standards, but the last link in the summary mentions that at least some other similar schemes this guy pulled off, he essentially threatened to post the e-mail contents, which he said were sensitive, on his blog for all to read. Which to me is a pretty clear indication he did intend to extort.

      It also points out that this is a scheme that is at least 14 years old, hard to claim that he bought all these domains without realizing they were very close to other domains.

      Again I'll point out that I'm not a lawyer, so I'm talking common sense standards here, not legal standards, which usually make no sense to me.

    4. Re:Scummy by sirlark · · Score: 3, Interesting

      I've always wondered about this sort of thing. Specifically how useful those disclaimers are at the end of company emails; This email may contain confidential information intended solely for the recipient. blah blah blah. Well the recipient (in the technical sense) is whoever the email is addressed to; bob@company.com or bob@compnay.com are two different recipients. Also, these emails are almost always sent in clear text, making it pretty clear the sender doesn't give a rat's ass about the recipients right to privacy. Yes this guy was being a dick, but I wouldn't call it illegal. I would argue that it's not like moving in next to Mitt Romney. It's more like renting the post box next to his, and people sending mail to mitt romney at the wrong postbox number without using envelopes. Sender's fault.

      Of course, to be fair, the domain squatting thing is more like renting thousands of post boxes all over the place, and reading everyone's mail... except it's still all postcards and unenveloped stuff. And he still didn't do anything illegal, since email isn't protected under the second ammendment or the laws preventing post from being opened is it? Before anyone bitches about violation of privacy of emails, they should encrypt their mail. This applies especially to companies, who are in the perfect position to make it easy, convenient and MANDATORY for clients to use public key encrypted email.

  2. I love the spin in the title... by CajunArson · · Score: 5, Insightful

    The title makes it sound like this guy is a legitimate academic who just wants to cure cancer for the benefit of all WomynKind is being harrassed by whatever evil megacorp is at the top of the 2 minutes of hate list today on Slashdot. Then you figure out that this guy is just another scumbag fraudster and he doesn't sound like such an innocent "researcher" at all.

    How about a "bank security researcher" who does vital Nobel prize winning research about the response time of police and ambulances when he shoots up a bank during a robbery? I'm sure everyone on this site wants there to be more "research" to make things interesting.

    --
    AntiFA: An abbreviation for Anti First Amendment.
    1. Re:I love the spin in the title... by TemperedAlchemist · · Score: 3, Funny

      That's the problem with you softies, always getting in the way of good science. I bet you work at Black Mesa.

      Now if you excuse me, I have some banks to go rob. For science.

    2. Re:I love the spin in the title... by dAzED1 · · Score: 2

      agreed. If the argument is that anyone trying to figure out and/or exploit security flaws is a "security researcher" then someone busting your car window to steal the iphone you left on the center console is also a "security researcher." Is subby a similar type of "researcher," thus the sympathy/misnomer?

  3. I'm confused by ArhcAngel · · Score: 5, Funny

    The summary didn't tell me who to root for so I am completely confused.

    --
    "A person is smart. People are dumb, panicky dangerous animals and you know it." - K
    1. Re:I'm confused by NettiWelho · · Score: 2

      Sometimes evil fights evil.

    2. Re:I'm confused by WillDraven · · Score: 2

      Better yet, root for a meteor to hit the courtroom when all concerned parties are in it.

      --
      This is my sig. There are many like it but this one is mine.
  4. Hardly unlawful interception by houghi · · Score: 2, Insightful

    He own the domain. People send the mail to him. So I hope that they trow that part out. The receiver can not be responsible, the sender should be.

    This does not mean that I agree with what he does. He did a lot things wrong, but unlawful interception isn't one of them.

    If they will allow it, whenever you get a mail by mistake, YOU will be responsible. For now the stoopid signatures that legal adds to your external mail mean nothing. For now!

    --
    Don't fight for your country, if your country does not fight for you.
    1. Re:Hardly unlawful interception by gnasher719 · · Score: 2

      He own the domain. People send the mail to him. So I hope that they trow that part out. The receiver can not be responsible, the sender should be.

      No, people didn't send mail to him. They sent mail to the intended recipient, something went wrong on the way, and he set up his domain intentionally to benefit of these mistakes. What went wrong was the user making a mistake while typing the email address; that doesn't change who the intended recipient was, and it doesn't change that the mail was intercepted intentionally.

  5. Use OpenPGP to solve this problem by magic+maverick+ · · Score: 5, Informative

    For those of you, like me, who weren't sure what UDRP meant, it means Uniform Domain-Name Dispute-Resolution Policy and ICANN has a page on it.

    Anyway, this indicates a major problem with the domain name system. One which could be solved by a simple, careful and widespread application of OpenPGP. That is, if everyone encrypted emails for recipients, people like this would not be able to read them.

    Also, if I were this "security researcher" I would set up legitmate looking websites at the various domains. Perhaps giocondolaw.com could be a website for Grand International Operations. ConDoLaw., a website trying to put together a convention about law for lay peoples, run by GIO, an organisation setup by our hero... Or something. You know, it doesn't even have to be clever, just appear to actually have a real use for the domain name. In the case of the lockheedmartun.com website well, maybe a shell company called Lockhe, which makes an editor (ed) called Martun, Lockhe Ed Martun. Perhaps repackage and sell (for only $5000 a seat, this wonderful software, complete with source code, and what we won't tell you unless you buy it, is that it's just GNU EMACS or perhaps VIM (depending on what you hate the least).

    --
    HELP MY ACCOUNT HAS BEEN HACKED BY AN ILLIBERAL ART STUDENT SET TO DESTROY THE INTERWEBZ!
  6. Agressively stupid by DarkOx · · Score: 2

    Kenzie clearly does not understand how e-mail works. What he is doing is clearly an attempt to extort money for owners of legitimate domains. I don't know if he is doing anything that will pass muster in court of law but he is obviously stupid, a fraud, and prick.

    Still though he does even though he does sorta point out a weakness in mail even if his solutions are off base. The correct way to handle this is as follows:

    1. Sign all mail, and really try to convince recipients to validate signatures. This will give you integrity and irrefutably when sending; at least if you tell all your recipients, if its not signed to assume its a fraud.

    2. Use SFP this will allow recipients to know mail really did come from your domain even if they can't check signatures. It will also help guard against innocent miss configured sending clients and servers, on similar but legitimate domains. It will also keep your domain off RBLs if someone tries false flag spamming to get your domain listed.

    3. Encrypt anything you send if any of it is remotely confidential. Not only will this offer protection from interception, it will also cover you in the case you send to a black hole domain like Kenzie likes to set up by mistake; he won't have the ability to decrypt.

    If we did these things routinely the over all security picture of Internet E-mail would be enhanced to the point that would be "good enough" to thwart most serious threats. Kenzie is dipshit but he is correct about the weakness of e-mail. Perhaps this security researcher should do a little more research and a little less "consulting" until he learns a thing or two. He is just best ignored.

    --
    Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
    1. Re:Agressively stupid by viperidaenz · · Score: 2

      But the law firm couldn't have done any of that to fix the "problem". The problem is their clients are typing their email address wrong. Until the whole world follows your 3 rules for email security it won't so much good.

  7. Immoral, but shouldn't be illegal by Hentes · · Score: 3, Insightful

    What this guy did is certainly not ethical but shouldn't be illegal. You shouldn't have a right to every domain similar to one that you have bought just because you are a big corporation. If a company wants to own all variations of a domain, fucking pay for all of them.

    1. Re:Immoral, but shouldn't be illegal by TuringCheck · · Score: 5, Insightful

      The extortion part is however illegal. It also proves the domain registration was done with intention to commit an illegal activity.
      Hope this guy rots in jail - there are too many "security researchers" in extortion business of a kind or another.

  8. I disagree. by khasim · · Score: 5, Insightful

    He specifically took action to create a destination for the incorrectly addressed emails.

    If he had not done that then the emails would have been rejected by the sender's system and kicked back to the sender.

    And the way he did that was to register misspellings of legitimate email domains.

    He is responsible because he chose to do that.

  9. He's No Security Researcher by thoughtcancer · · Score: 5, Insightful

    First, he's not a security researcher; calling him that gives him an air of credibility he DOES NOT deserve. He's a sleazy typosquatter giving himself the title of "researcher" to gain a veneer of respectability. I am the risk manager for an organization hit by this guy; his intent is made perfectly clear in the extortion snail-mail he sends his victims: I have your mail, pay me what I ask or I go public. He might wrap it up in a "i'm just an unsolicited security researcher trying to help you", but any attempts to discuss the "vulnerability" with him (the "vulnerability" being that my company didn't register every possible misspelling of our trademarks across all possible TLD's), he will refuse to do so until we signed a consulting contract with him.

    Complete scumbag who abuses the system for his own benefit. He started this scam going after smaller companies with no InfoSec staff or Risk Managers, offering to settle for $295; once that worked a couple of times, he moved up to mid-sized companies, provincial government assets, international law firms, banks, and finally the big boys like Lockheed Martin. While he may have succeeded on some of the smaller companies, every bigger organization saw through his scam and either passively ignored his demands or is suing him into oblivion.

    He is not welcome in the information security or information risk management communities as long as persists in this behaviour. HDMoore at Attrition.org has has been acting as a clearinghouse for this dude's activities; one read-through and you'll understand that Kenzie has unclean hands.

    This guy is a Sith and does not deserve your empathy. When justice is meted out, he will never work in IT again.

    1. Re:He's No Security Researcher by whitesea · · Score: 2

      Please, mod the parent up. There is so much speculation in this thread; we can all benefit from actual facts of this story.

  10. Re:Doesn't intent matter... by Anonymous Coward · · Score: 4, Insightful

    This is one in a class of issues where the conclusion that makes perfect sense to an (intelligent and educated) technician is directly opposed to the conclusion that makes perfect sense to an (intelligent and educated) non-technician.

    The technician sees a system with clear and unambiguous rules. You get an address, you send to an address, stuff goes to that address. Breaking THOSE rules seems obviously punishable to a technician (like making stuff go to a different address than the one to which it was sent, for example), but when following those rules (to the letter) all is fair. If you send to the wrong address (which nobody forced or tricked you into doing), that is your own fault, all responsibility is on you.

    The non-technician sees the deliberate and conscious setting of a trap that will result in the receipt of communication that was not intended for you. Furthermore, if the trap had not been set, those communications would have harmlessly bounced-back and gone to nobody. The setting of the trap created a hole that was not there before, because now that the trap is set the communications will seem to be delivered when in fact they were "intercepted." The technical details of how this trap was set are completely irrelevant. The fact that someone else (an actual criminal) could easily have set the same trap and spied on you without your knowledge indefinitely is also completely irrelevant.

    Generally speaking, the non-technical position is the one that wins whenever such issues go to trial.

  11. Kenzie's Conduct IS Illegal by TheLimey001 · · Score: 2

    I took a closer look at the actual complaint in the case itself and the UDRP decision in the Lockheed case. Here is why I think Kenzie's conduct IS going to be found illegal under U.S. laws here: 1. Intentional Cybersquatting: Cybersquatting is illegal under US federal law and is punishable by a fine up to $100,000.00. To prove Kenzie is guilty of cybersquatting, the law firm only needs to prove that Kenzie adopted the confusingly similar domain name intentionally and in bad faith, that is, without a bona fide or non-commercial reason. In the prior UDRP proceeding, which is binding on Kenzie, Kenzie's identical conduct against Lockheed Martin was found to be bad faith cybersquatting. By extension, Kenzie is likely to be found guilty here and is going to have a tough time convincing a judge and jury that the Lockheed panel was wrong as well. 2. Intentional interception of private electronic communications: Seems to me that Kenzie intended to do exactly this, and is just trying to justify it in the name of conducting unauthorized and spurious "research." In the Lockheed UDRP case, he as much as admitted that he intentionally intercepted e-mails intended for Lockheed, but that his only defense was that it was done in the name of bona fide research to benefit Lockheed, even though they didn't know about it until he was confronted with the UDRP. The panel rejected this defense, finding that Kenzie simply wasn't authorized to conduct this "research," but was merely trying to line his own pockets by getting a consulting fee out of it. Seems to me that Kenzie is going to lose this one, too.

  12. error in summary by Alimony+Pakhdan · · Score: 2

    Why do we continue to call these sorts of clowns "researchers"?

  13. Re:Doesn't intent matter... by Larryish · · Score: 2

    The Canadian's biggest problem can be summed up as follows:

    GoDaddy.Com

    What sort of "security researcher" uses GoDaddy on purpose?

    I mean, seriously?