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Ex-Ashley Madison CTO Threatens Libel Suit Against Journalist

An anonymous reader writes: Security reporter Brian Krebs, who has been instrumental in breaking news about the Ashley Madison hack, is now being threatened by the website's former CTO with a libel suit. Contained in the leaked data was a series of emails from the ex-CTO, Raja Bhatia, to the CEO of Ashley Madison's parent company. In the emails, Bhatia noted a security hole in a competing website, saying that he downloaded their user database and was capable of modifying and exposing it. After reporting on these emails, Krebs received a letter from Bhatia's lawyer (PDF) saying the post was libelous and defamatory. They demanded a retraction, which Krebs is thus far unwilling to do.

142 comments

  1. Dude, just stop by YrWrstNtmr · · Score: 5, Funny

    When you're in a hole, stop digging.

    1. Re:Dude, just stop by Anonymous Coward · · Score: 2, Insightful

      Obviously emails sent from him, on the AM servers, with log files, provided in data dumps following this incident, and reported on by accredited reporters in showing the public interest is "the reporter fabricating information and making shit up on his own"... Libel will get thrown out immediately, but defamation of character... Even if it's true, the public knowing about it and thinking that Raja Bhatia committed wholesale fraud, compromised a competitor's servers, and is an all around dick hole is still defamation of character because yesterday 99.9% of people had never heard his name, and the others had just seen his LinkedIn profile saying he was a CTO of a company making money hand over fist.

    2. Re:Dude, just stop by Anonymous Coward · · Score: 0

      When you're in a hole, stop digging.

      Just don't say that to anyone you met on Ashley Madison

    3. Re:Dude, just stop by MightyMartian · · Score: 4, Funny

      Can't all the fake dating sites just get along? Let's all try to remember why we got into this business; to rip off lonely men.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    4. Re:Dude, just stop by Anonymous Coward · · Score: 0

      Raja Bhatia is his name, filthy indian scum, living on designated shitting street. He should be violently tortured and killed.

      and so should you

    5. Re:Dude, just stop by Anonymous Coward · · Score: 0

      Somewhere down the line, will he be asserting a right to be forgotten? This is a poster-child example of why that European idea is just *nuts*.

    6. Re:Dude, just stop by Anonymous Coward · · Score: 0

      to rip off horny men.

      FTFY

  2. Uh, okay by Anonymous Coward · · Score: 3, Interesting

    I'd love to see under what legal theory that reporting facts could be considered libelous or defamatory.

    1. Re:Uh, okay by Anonymous Coward · · Score: 0

      Maybe he's hoping the emails would be inadmissible in court because they were stolen, and possibly also intending to claim that they might have been tampered with or falsified. I don't like his chances of making that work, but that's the play, isn't it? Deny everything, speak to your lawyer, consider your options.

    2. Re:Uh, okay by Anonymous Coward · · Score: 3, Informative

      Laugh if you want to, but there are jurisdictions, even in well developed, non-dictator ruled countries where truth is not an absolute defense against libel charges. All the prosecution have to do is prove damages. It's then up to the jury to decide whether the common interest weighs heavier on the scales than the damages caused.

    3. Re:Uh, okay by Anonymous Coward · · Score: 0, Informative

      How's that working for ya, Hillary!?

      Just fine, it's being determined she did nothing illegal. Not sure we can say the same about this Ashley Madison guy yet.

    4. Re:Uh, okay by Calydor · · Score: 1

      Pretty sure stolen property can be used for evidence so long as it wasn't the police that stole it.

      Otherwise a trial against a burglar gets really interesting.

      --
      -=This sig has nothing to do with my comment. Move along now=-
    5. Re: Uh, okay by hackwrench · · Score: 1

      That article doesn't say anything about the court decision on the matter, just that the executive branch doesn't think she did. It also doesn't state that it is clear that personal emails were the only things deleted.

    6. Re:Uh, okay by Anonymous Coward · · Score: 0, Troll

      How's that working for ya, Hillary!?

      Just fine, it's being determined she did nothing illegal. Not sure we can say the same about this Ashley Madison guy yet.

      OMFG!

      BWAAAA HAAAAH HAAAAA HAAAAA!!!

      LMAO - at you.

      Holy crap! There's someone who actually seems to believe Hillary! did nothing wrong.

      Next, I'll find a unicorn.

      And no, it HASN'T "been determined she did nothing illegal", you credulous simp. The DoJ saying she can delete emails doesn't mean having classified material on HER server wasn't a felony.

    7. Re:Uh, okay by ShanghaiBill · · Score: 5, Informative

      there are jurisdictions, even in well developed, non-dictator ruled countries where truth is not an absolute defense against libel charges.

      ... and one of those is Canada, where AM is based, and where this lawsuit is being filed. In America, the truth is an absolute defense against libel. Under Canadian Defamation Law, it is not. The defendant can be found liable for damages, whether the accusations are true or not. Also, under Canadian defamation law, the defendant is presumed guilty, and has the onus of proving their statements were harmless.

    8. Re:Uh, okay by Anonymous Coward · · Score: 0

      Actually the argument might go like this:

      The quoted portion of my email to the CEO is taken out of context and both the CEO and I knew I was figuratively discussing the ability someone who exploited Nerve's poorly implemented website would have. At no time did I ever actually exploit their website and the ....

      Oh wait, he included a link to a Github download of part of the Nerve DB in the message to the CEO. Never mind, he has no effective argument for libel.

    9. Re:Uh, okay by HiThere · · Score: 0, Troll

      Actually, what he was was "it's being determined that she did no wrong", which is a true statement, even though I believe she committed a crime. (I'm not sure, it depends on exactly how several different laws are written, as there are several possible crimes involved, and IANAL, so she might, technically, not have been in violation.)

      In any case, this was in response to the question "How's that working out for you", to which the correct answer would be "It's being a minor scandal that's being swept under the carpet." Most people seem to care more about other aspects, so it doesn't seem to be doing her as much damage as it should, and the decision has clearly been not to prosecute. To me this is clearly an example of how the rich and powerful are subject to different laws than the rest of us.

      FWIW, I haven't decided who I'm going to vote for, but it certainly won't be any Republican that I've heard. If it looks close I may even vote for the Democratic candidate, though maybe not, since Obama has been such a total failure. (As would reasonably have been predicted from his position in the Senate overseeing the intelligence community.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    10. Re:Uh, okay by Anonymous Coward · · Score: 0

      "It's being a minor scandal that's being swept under the carpet."

      Go ahead and keep telling yourself that.

    11. Re: Uh, okay by Anonymous Coward · · Score: 0

      Canadian judgements for defamation are not endocrine in the untied states.

    12. Re: Uh, okay by Anonymous Coward · · Score: 0

      >Canadian judgements for defamation are not endocrine in the untied states.

      I suppose they aren't.

    13. Re: Uh, okay by konohitowa · · Score: 1

      Canadian judgements for defamation are not endocrine in the untied states.

      Gland you ok feted that out.

    14. Re:Uh, okay by sabri · · Score: 5, Informative

      and one of those is Canada, where AM is based, and where this lawsuit is being filed. In America, the truth is an absolute defense against libel. Under Canadian Defamation Law, it is not.

      First, no lawsuit is being filed. A lawyer just sent a warning letter.

      Second, Canadian Defamation Laws do not apply to a U.S. newspaper. So why should they apply to a U.S. journalist, writing on a website written in and hosted in the U.S. by a U.S. company (Akamai)?

      Third, even if the idiot can get a Canadian judgement against the U.S. person, that judgement must first go through the U.S. court system in order to be enforceable.

      So, all in all, the guy can scream whatever he wants, but all he is achieving is invoking the Streisand Effect.

      --
      I'm not a complete idiot... Some parts are missing.
    15. Re: Uh, okay by Anonymous Coward · · Score: 0

      ^ how did this not get nodded in for material? So disappoint

    16. Re: Uh, okay by Anonymous Coward · · Score: 0

      UK legal system is exact like that.

    17. Re:Uh, okay by GNious · · Score: 1

      Could they get a Canadian court to block the source?
      I.e. if a foreign newspaper is found guilty in Libel and Defamation, could the judge order the nation's ISPs to block access to that newspaper's website, and halt import of printed copies?

    18. Re: Uh, okay by Anonymous Coward · · Score: 0

      Of course the executive branch thinks it wasn't illegal. They want more corporate trolls in office, so they've got to keep Hilariously Delinquent Racketeering Crook as the "democrat" candidate (anybody find the root "candid" of candidate to be rather inappropriate for most candidates?).

    19. Re:Uh, okay by davecb · · Score: 1

      Wikipedia is highly opinionated in the earlier paragraphs, and it sounds like the commentator is actually talking about the UK. As noted later, the person suing had to prove you said something defamatory (positive onus) and your defences are justification (the truth, same as the US), fair comment, responsible communication, privilege and innocent dissemination.

      Trust CanLII over Wikipedia (;-))

      --dave

      --
      davecb@spamcop.net
    20. Re: Uh, okay by davecb · · Score: 1

      s/endocrine/enforceable/

      --
      davecb@spamcop.net
    21. Re:Uh, okay by Anonymous Coward · · Score: 0

      Generally speaking, in Ontario, one can assert a public interest in one's defence in a defamation action and litigate on that. An officer of a newsmaking company would be hard pressed to overcome such a defence unless the defamation had little contact with her or his official duties with respect to that company, AND was made maliciously (e.g., with the clear goal of inflicting *unfair* damages). Few Ontario lawyers with any experience in defamation law would advise their client to continue a defamation action once such a defence had been notified to them, and almost all of them would appeal to the court to come off the record as the attorney for the claimant who continued in spite of such advice.

      Moreover, while there may be cost consequences -- which can be considerable if the defendant faces an order to pay any of the claimant's costs -- simply proving liability does not guarantee that one can also prove a quantum of damages. Damages are rarely large in defamation actions in Ontario, and can almost never be exemplary.

      On its face, the threat of a defamation action is an empty one in this case. A clever claim might be filed, and there's always the chance of a default judgment. However, that's not a given, especially as achieving a default for a client does not protect an Ontario lawyer from censure by the Law Society or indeed liability to his own client if a court sets aside a default judgment.

      Finally, a good Ontario lawyer would ask seriously whether the claimant actually has any further reputation to lose in light of the public news, and to remind the claimant that the process of litigation can result in even greater embarrassments, and that exploiting that risk of embarrassment is a common tactic in court (and such embarrassment comes on top of the risk of carrying the defendant's costs as well, if unsuccessful). In short, actually going to trial risks a Streisand effect against which a claimant may have no recourse.

    22. Re:Uh, okay by Anonymous Coward · · Score: 0

      Fuck off APK, nobody gives a fucking shit what you think.

    23. Re:Uh, okay by Anonymous Coward · · Score: 0

      I believe it was the NYT (but it could have been the WSJ or one of those other big pappers) was sued in Melbourne, Australia for defemation (or libel, I forget and can't be bothered Googling) for making statements about an Australian man. They successfully argued jurisdiction due to having Australian digital subscribers.

      I hate jurisdiction shopping, but I do think that the laws of where you live/are incorporated probably should apply as much as the ones where the person committing the act is.

    24. Re:Uh, okay by pdclarry · · Score: 1

      Maybe he's hoping the emails would be inadmissible in court because they were stolen, and possibly also intending to claim that they might have been tampered with or falsified. I don't like his chances of making that work, but that's the play, isn't it? Deny everything, speak to your lawyer, consider your options.

      The problem is that in the lawyer letter he acknowledges sending the email. Not the brightest lawyer in the world.

    25. Re:Uh, okay by hawk · · Score: 1

      I am a lawyer, but this is not legal advice. If you want legal advice from me, pay my retainer. If you get legal advice on slashdot, may God have mercy on your soul.

      Most (I believe almost all) other english speaking countries tend to follow the English Rule where it diverges from the American Rule. They may have areas which are largely changed, but I think the US is pretty much alone in the variations on defamation, contingency fees, and loser pays.

      hawk, esq.

    26. Re:Uh, okay by sabri · · Score: 1

      I believe it was the NYT (but it could have been the WSJ or one of those other big pappers) was sued in Melbourne, Australia for defemation (or libel, I forget and can't be bothered Googling) for making statements about an Australian man. They successfully argued jurisdiction due to having Australian digital subscribers.

      That may be fine on the island of prisoners, but that doesn't make any judgment enforcable in the U.S.

      I hate jurisdiction shopping, but I do think that the laws of where you live/are incorporated probably should apply as much as the ones where the person committing the act is.

      Which in this case both are in the U.S.

      --
      I'm not a complete idiot... Some parts are missing.
  3. It's mind blowing by ZorinLynx · · Score: 5, Insightful

    It's been twelve years since it was coined, and yet it's unbelievable that people STILL haven't heard of the Streisand effect.

    Trying to shut someone up in this age just makes the information spread much faster and wider. I wouldn't have heard of this at all if the lawsuit wasn't threatened.

    1. Re:It's mind blowing by Anonymous Coward · · Score: 0

      Right on it sir. Pliz retweet.

    2. Re:It's mind blowing by Striek · · Score: 2, Interesting

      This actually has nothing to do with the Ashley Madison hack, except that Brian Krebs discovered this alleged hack during his investigation, and that the plaintiff used to be Ashley Madison's CTO.

      The lawsuit centres around the claim that Mr. Batia hacked into rival company nerve.com and exfiltrated their entire client database back in 2012. It has nothing to do with any claims against Ashley Madison.

      --
      "Government is like fire; a handy servant, but a dangerous master." -- George Washington
    3. Re:It's mind blowing by Anonymous Coward · · Score: 0

      Streisand effect or not, there still exist people that don't really care or can't be burdened with that kind of thinking, who are only out to get those that they consider their adversaries. If there's the smallest chance that he could damage Krebs, and he has the money/means, he could pursue this regardless.

  4. He committed a crime by Anonymous Coward · · Score: 0

    I think he's posturing ready for the inevitable lawsuits and criminal investigation. He did after all, admitted in his emails, hack into a competitor and steal their database of users.

  5. PLEASE, litigate this! by jcr · · Score: 4, Insightful

    I can't wait to see those AM twats get cross-examined.

    -jcr

    --
    The only title of honor that a tyrant can grant is "Enemy of the State."
    1. Re:PLEASE, litigate this! by Anonymous Coward · · Score: 1

      Haven't you heard- none of the Ashley Madison twats were real. They were all dicks.

  6. Streisand Effect is in effect by kheldan · · Score: 1

    Someone else, above, said 'when you're in a hole, stop digging!', which is good advice -- unless your intention is to draw as much attention to yourself as possible. I'm still holding out for the idea that somehow this whole 'hacking' event was engineered and staged by Ashley Madison themselves, perhaps for generating large sums of money via blackmail, and to also generate as much interest in their business as possible, so when they 'rise from the ashes' of this incident, security ostensibly renovated and reinforced, they'll have an even larger client base than ever before, despite all the revelations of fraud. Before anyone objects: Do you really put anything past people who would run a business like this one? Seriously, it's only a half-step above running a brothel.

    --
    Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    1. Re:Streisand Effect is in effect by vux984 · · Score: 4, Insightful

      Seriously, it's only a half-step above running a brothel.

      A brothel is at least an honest business.

    2. Re:Streisand Effect is in effect by kheldan · · Score: 0

      A brothel is at least an honest business.

      Please, tell me you're not that naive..

      --
      Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    3. Re:Streisand Effect is in effect by U2xhc2hkb3QgU3Vja3M · · Score: 5, Funny

      A brothel is at least an honest business.

      You really think so? I've heard that brothel customers keep getting screwed.

    4. Re:Streisand Effect is in effect by freeze128 · · Score: 0

      Is Ashley-Madison even still in business? Can they even hope to get any more customers after this? Where is their income coming from?

    5. Re:Streisand Effect is in effect by Anonymous Coward · · Score: 0

      A brothel is at least an honest business.

      You really think so? I've heard that brothel customers keep getting screwed.

      You mean, in the sense in which male Ashley Madison customers most definitely don't get screwed?

    6. Re:Streisand Effect is in effect by MightyMartian · · Score: 5, Funny

      Which is more than you can say for Ashley Madison customers.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
    7. Re:Streisand Effect is in effect by Antique+Geekmeister · · Score: 1

      > A brothel is at least an honest business.

      In the US, at least, it's a criminal enterprise in most states. That automatically makes it likelier than most businesses to be crooked. And for far, far too many of them, the prostitutes are abused, with little ability to get police, community, or family support against abuse or harassment.

      I've actually known a few former prostitutes of both genders, socially. They'd been desperate for money, for food, for drugs, and one even to care for her 2 children. One college student I knew, a very athletic dancer, became a pole dancer. She didn't mind the prostitution at the club in and of itself, but when the managers kept trying to get her hooked on drugs and _insisting_ that she defraud the customers in various waysl she became disenchanted and got out. And with the amazingly poor bookkeeping, all done in cash, it was clear that it was also a money laundering business.

      So please, don't assume that a brothel is honest. They're most likely to be _dishonest_: honesty doubtless exists in the field, but should be seen as the exception.

    8. Re:Streisand Effect is in effect by HiThere · · Score: 1

      At one point there was a claim that their business had improved after the leak became known. I never even tried to check whether this was true or not. (Perhaps a lot of people didn't catch on that most of the "female" accounts appear to be men who were paid to post as women.)

      --

      I think we've pushed this "anyone can grow up to be president" thing too far.
    9. Re:Streisand Effect is in effect by Anonymous Coward · · Score: 0

      No, no, the AM cheaters are still getting screwed, they just don't get to choose when, where or by whom.

    10. Re:Streisand Effect is in effect by Anonymous Coward · · Score: 0

      ... not that naive.

      Woman promises to do something, gets money, does what she promised. How is that dishonest? I even think it shows more integrity than normal women, who are frequently excused from their bad choices.

    11. Re:Streisand Effect is in effect by Anonymous Coward · · Score: 0

      Stop making assumptions and jump on a plane to New Zealand, where prostitution is legal. You'll find many honest brothels here.

    12. Re:Streisand Effect is in effect by kheldan · · Score: 1

      That's a totally different ballgame (so to speak). If it's 100% legal then there's no percentage in screwing over the customers (pun not intended).

      --
      Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    13. Re:Streisand Effect is in effect by vux984 · · Score: 1

      So please, don't assume that a brothel is honest.

      I was more thinking red light district in Amsterdam.

      honesty doubtless exists in the field, but should be seen as the exception

      Depends where you are, more than anything. But sure, in America, I'd be pretty suspicious. Hell, a lot of 'legitimate stripper joints' are pretty shady.

    14. Re:Streisand Effect is in effect by GNious · · Score: 1

      You'll notice that there's a lot of groups actively working on making prostitution generally legal (it is legal in a lot of places), in order to reduce the hold brothels and pimps have on prostitutes - basically, they are trying to make brothels into honest businesses.

    15. Re:Streisand Effect is in effect by Anonymous Coward · · Score: 0

      Or people learned that it is supereasy to register someone else and there would be a good chance of that information getting leaked again...

    16. Re:Streisand Effect is in effect by Antique+Geekmeister · · Score: 1

      > If it's 100% legal then there's no percentage in screwing over the customers

      Except for the profit margin. That seems enough to trigger fraud and abuse in money other industries. And prostitution is more vulnerable than most, due to the large amount of cash and the reluctance of most clients, and of most employees, to admit their involvement.

      Even New Zealand, which is apparently very good about protection and enforcement against sex trafficking, is not immune. They're listed as a destination of internal sex slave trafficking at http://www.humantrafficking.or.... They do seem to be doing all they can reasonably do against it, but it can apparently happen even there.

    17. Re:Streisand Effect is in effect by Anonymous Coward · · Score: 0

      Heading over there this week, as it turns out. Hopefully the snow is good at wanaka.

    18. Re:Streisand Effect is in effect by kheldan · · Score: 1

      What I said came more from a 'having a professional reputation to protect' perspective (for the state-legalized brothels), and I'll admit that I may have been having a 'Firefly/Serenity' moment there ('companions' being a respectable profession) and as such qualifies as 'wishful thinking' on my part. As cynical as I can be, there still manages to be a small spark of hope for humanity that doesn't seem to ever die.. but I diverge. The hard cold reality is, as you allude to, that humans don't value other humans very much at all, and more often than we'd like to admit use them as a commodity. It would be nice to live in a world where, if a woman is involved in a sex-oriented profession, it's because she chooses to do so (ala-the Firefly/Serenity universe), but the hard cold reality is most often they're forced and trapped into it by one means or another, sometimes literally from birth, and the whole thing just makes me sick to my stomach. How much sicker can someone get, if they're not only abducting women and forcing them into the sex trade, but if/when they get pregnant, raising children into that world, such that they go through their lives not even knowing anything other than being used for sex? If there were, in fact, interstellar alien civilizations out there who have been visiting the Earth clandestinely, it's no wonder that they wouldn't contact us openly, seeing how we act so much like animals, instead of actual civilized, sentient beings like we do as a race. I enjoy and appreciate when individual humans and small groups of humans demonstrate that they can be higher minded and more inspired than the average, but then there's the teeming hordes of atavistic animals that seem to exist only to serve their own mouths and genitals. Makes me wonder sometimes if we, as a race, even deserve to survive. (there's me getting cynical again)

      --
      Are YOU using the TOOL, or is the TOOL using YOU? Think about it!
    19. Re:Streisand Effect is in effect by pedz · · Score: 1

      I'm still holding out for the idea that somehow this whole 'hacking' event was engineered and staged by Ashley Madison themselves

      No no... that can't be. Sony is the One and Only.

    20. Re:Streisand Effect is in effect by Antique+Geekmeister · · Score: 1

      > Makes me wonder sometimes if we, as a race, even deserve to survive. (there's me getting cynical again)

      Why are you assuming that aggression, or even using the young sexually, is _not_ a survival trait? There are many species that are notably more aggressive than humans and have outlasted our species by millions of years. Even the bonobos, who are quite closely related to humans, have large amounts of rape, even of children, as normal parts of their tribal behavior. And for other mammals, such as canines and felines, the response to a female in heat is not a gentle and willing partnership among peers.

      I don't mean to suggest that this is a good or ethical idea, or something humans should emulate. But it's the cultural _control_ of sexual behavior that seems quite unusual.

  7. libelous and defamatory...bla bla, but is it true? by fustakrakich · · Score: 1

    *sigh* Canada.. so easy to silence the critics.

    --
    “He’s not deformed, he’s just drunk!”
  8. IANAL, but... by PrimeWaveZ · · Score: 3, Informative

    I've listened to Handel on the Law a lot. Isn't the truth an absolute defense when it comes to libel/slander suits?

    1. Re:IANAL, but... by Anonymous Coward · · Score: 0

      Perhaps. But depends on the laws of the particular nation in question. The situation where the defendant has to prove that what he wrote is true is quite a bit different from the situation where the accuser has to prove the statements to be false. And not being a lawyer, I suspect that there are a lot more intricacies in determining the outcome of a case.

    2. Re:IANAL, but... by fustakrakich · · Score: 2

      I sure do wish it were so, but more often than not, the truth is used to defend censorship. So, now we have sealed and 'classified' documents to make it all official. The way to circumvent that is to write fiction... and, with a nod and a wink, claim none of it is 'true'.

      --
      “He’s not deformed, he’s just drunk!”
    3. Re:IANAL, but... by Anonymous Coward · · Score: 0

      the "truth" was obtained in an illegal manner.

    4. Re:IANAL, but... by MobileTatsu-NJG · · Score: 1

      It's worth noting that Handel on the Law's tagline is "marginal legal advice."

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    5. Re:IANAL, but... by Anonymous Coward · · Score: 0

      but if it's true, it's not libel. it doesn't matter you you found it out.

    6. Re:IANAL, but... by Anonymous Coward · · Score: 1

      Not in Canada and most non-US common law countries.

    7. Re:IANAL, but... by Shimbo · · Score: 1

      I've listened to Handel on the Law a lot. Isn't the truth an absolute defense when it comes to libel/slander suits?

      Truth, but selectively quoted to give a deliberately false impression may be libel in a lot of countries (but not the US). That seems to be what the lawyer's letter is saying.

    8. Re:IANAL, but... by Okian+Warrior · · Score: 1

      I've listened to Handel on the Law a lot. Isn't the truth an absolute defense when it comes to libel/slander suits?

      It is in this country, but not in other countries.

      Not to get stereotypical, but the CTO's name 'kinda implies that he's originally from India, or perhaps his family is from there.

      He may feel justified in pursuing a libel case simply from his upbringing. This might just be a cultural difference.

      (And I'm *still* wondering how these people find work after such a scandal. "CTO of Ashlet Madison" isn't something that would sell a resume, and the "so... what have you been doing for the past 4 years" has to be an awkward interview question.)

    9. Re:IANAL, but... by Anonymous Coward · · Score: 0

      This is actually being litigated in Canada which has a much different approach to libel suits. With that said, in most American jurisdictions -

      1. Truth is a valid defense to a libel suit (there is no way a published statement, so long as it is true, can establish liability for a defendant)
      2. The CTO will likely be seen as a public figure in courts, so even if Krebs made errors in his journalism, so long as he did not do so willfully he would not be held liable in an American court

    10. Re:IANAL, but... by phantomfive · · Score: 1

      If you look at the actual lawyer letter, it claims the original post was factually incorrect. It requests a correction of the story. The letter doesn't explicitly threaten a lawsuit, or threaten anything, actually.

      --
      "First they came for the slanderers and i said nothing."
    11. Re:IANAL, but... by BitterOak · · Score: 4, Informative

      Not in Canada and most non-US common law countries.

      Actually, truth is a defense against libel/slander in Canada, but the burden of proof is somewhat different in Canada than in the U.S. In Canada, it is often up to the defendant to proof that what they're saying is true, whereas in the U.S., the plaintiff must prove the statements false. In the U.K., sometimes truth isn't even a defense at all!

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
    12. Re:IANAL, but... by Anonymous Coward · · Score: 0

      Pah, you and your facts are ruining a perfectly good circle jerk!

    13. Re:IANAL, but... by Anonymous Coward · · Score: 0

      The truth is an absolute defense against libel and slander.

      The problem is, someone else gets to decide what is the truth and what is not. Meet: Justice System.

    14. Re:IANAL, but... by mrchaotica · · Score: 1

      (And I'm *still* wondering how these people find work after such a scandal. "CTO of Ashlet Madison" isn't something that would sell a resume, and the "so... what have you been doing for the past 4 years" has to be an awkward interview question.)

      There are plenty of sociopaths on boards of directors who would love to hire someone with the track record of profiteering that the Ashley Madison execs have, and who don't give a flying fuck about the unethical nature of it. As long as the CTO can successfully shift the blame for the incompetent IT, he's golden.

      It's fucking disgusting, but it's true.

      --

      "[Regarding the 'cloud,'] ownership was what made America different than Russia." -- Woz

    15. Re:IANAL, but... by GuB-42 · · Score: 1

      I don't know about the US but in France, it isn't absolute.
      If the truth is presented in a way that incite misinterpretation, it is still defamation. An exemple is saying "Mr. X is involved in a crime" when Mr. X is actually a victim.

  9. "You were wrong and here's our evidence." by Nutria · · Score: 1

    That's essentially what Raja Bhatia's lawyers said, and I see nothing wrong with that.

    --
    "I don't know, therefore Aliens" Wafflebox1
    1. Re:"You were wrong and here's our evidence." by E-Rock · · Score: 1

      Even if we accept the bullshit hand waving that way he said isn't what he meant, I'm not sure that drawing a lot of attention to e-mails where you admit to criminal activity is smart.

  10. Criminal charges trump phoney liable threats by Anonymous Coward · · Score: 2, Interesting

    If I was Krebs, I would request my attorney send a letter to Bhatia's lawyer stating that since those Emails consist of a confession to Federal level hacking charges against a US corporation that he is required by law to make the information as public as possible, especially to such agencies as the DOJ and FBI (and whatever the equivalent Canadian authorities are), and that by definition there is no liable (at least in the US, the article does state that Canada's liable laws are different). Then follow up on that threat and actually forward all information to those agencies (and nerve.com) for review.

  11. Libel suits - what Assange talks about by Anonymous Coward · · Score: 0

    How they are used to stop journalists reporting the truth.

  12. why is this news I should care about? by thinkwaitfast · · Score: 0

    How does it affect my nerd life?

    1. Re:why is this news I should care about? by Anonymous Coward · · Score: 0

      It's wasting your time.

  13. Dude, continue digging! by U2xhc2hkb3QgU3Vja3M · · Score: 2

    There's a huge market in China!

    1. Re: Dude, continue digging! by brokie · · Score: 1

      There's a tiny market. There FTFY

  14. Streisand Effect in 3...2...1... by JustAnotherOldGuy · · Score: 1

    Oh yeah, threatening Brian Krebs will work perfectly, no way this could possibly go wrong!

    --
    Just cruising through this digital world at 33 1/3 rpm...
  15. Illegal Evidence by Anna+Merikin · · Score: 1

    "Illegal evidence" is that which is gathered by methods outside the constitution, i.e., through a search without a warrant, etc. The adjective "illegal" does not refer to the evidence itself, but the manner it was obtained.

    1. Re: Illegal Evidence by stevedog · · Score: 2

      Yeah, IANAL, but this isn't a court. Things don't need to be admissible to be used by private citizens. It doesn't matter how you got the information, it's only libel if it's false and you had no reason to believe it was true when you said it (basically, if you just said it for the lulz). Also, its only defamatory if the primary purpose of the statement was to publicly attack someone. If the primary purpose (as here) was to expose a business practice, and your reputation just happens to get slaughtered in the process, then maybe you shouldn't have been working for a shitty company.

  16. lawyer letter says article misrepresented the fact by raymorris · · Score: 5, Interesting

    The lawyer's letter lays out his position. We don't the facts, but here's his position, which may be reasonable g

    The letter to Krebs says that in the very emails Krebs relied on, the former CTO explicitly said that he did NOT download the account database. He said there is a clear vulnerability so someone COULD download the database, and he did not do so. The Krebs article appears to suggest that he did, so the Krebs article might be misrepresenting what is actually said in the emails.

    The letter also seeks to distinguish between noticing a readily apparent vulnerability vs "hacking" the web site. Those are kind of two degrees of the same thing, but Krebs said "hacked". If the truth is more like "noticed", a retraction is in order.

    Lastly, thr letter seeks to clarify that he was not AM's CTO, or even working for AM, at the time. Reading the article one might well get the impression that AM's CTO, on behalf of AM, hacked a competitor. That's not factually correct, the lawyer says.

  17. give it up by Anonymous Coward · · Score: 0

    Dude, since your company has gone to the waste-side, let it go.. You were caught promoting dishonest business practices, your business model is based on the perversions of others and how YOUR SERVICE PROVOKES THAT, its obvious, you have leveraged something to the point that you have to result to this type of behavior I think is very poor, regardless of your race, creed, or belief.. It's fine to admit u were caught, but dont go after they individual whom uncovered your unsavory behavior. Thats just low, Just accept your demise and move on.

    1. Re:give it up by Anonymous Coward · · Score: 0

      he was caught fucking around, fucking with people, fucking with perceptions. Destroying lives, and capitalizing on it..
      Monetizing perversions..
      fuck him

  18. this reminds me of an article some time ago about. by Anonymous Coward · · Score: 2, Interesting

    do you all remember an article that described a certain Indian class of individuals have claimed the right to lie, cheat, steal, and engage in dishonest practices to (supposedly further their advancement. This was based on the notion that individuals in their culture have been do depraved, "shit on", etc. Because of such atrocities committed, they have the right.
    I wonder if this episode could be attributed to that statement and thus that type of behavior. I wonder what cultural connections this may tie back to..
    I am not a racist, I believe in equality for all, when appropriate. But when public statements are made like the one i described above, seem to surface in the way people conduct themselves at a global/trusted level, its had to ignore the correlation..
    Requesting to be stood corrected if necessary, or if my assertion is flawed..
    Otherwise thank you

  19. Wealthy and their expectations.. by Rick+in+China · · Score: 3, Insightful

    This dude works in tech - a CTO, well, assuming he's actually involved in tech, not some 'business' CTO - and thinks that this is a good idea. He's basically murdering his own reference for the future, nobody wants a bunk ass CTO who doesn't understand the internet or world at large, and has his name smeared all over (yada yada Streisand effect yada yada) but the bottom line is this: if you do shady shit, and get busted, there is to be no expectation of silence by anyone...once it's out, it explodes and that's fucking it. Touching it just makes the explosion bigger. "Lawyers", yeh I'm sure his lawyers are loving it - when they offer advice and "yeh, lets file a suit!" - they're just securing their own monetary gain...because obviously this whole thing blowing up just creates a larger vortex to funnel this fucktards money into.

    1. Re:Wealthy and their expectations.. by Anonymous Coward · · Score: 0

      love the:"FUCKTARD" refrence..
      No pity for him. Joker

    2. Re:Wealthy and their expectations.. by phantomfive · · Score: 1

      I suggest reading the letter before drawing conclusions, I think you've gotten out of touch with reality in your post. (Of course, the summary is a bit out of touch, too).

      --
      "First they came for the slanderers and i said nothing."
    3. Re:Wealthy and their expectations.. by Anonymous Coward · · Score: 0

      Exactly - this would be just as good for the lawyer's rep as it would be bad for the CTOs.

      They lose? Everyone remembers the case/circumstances (he becomes better known in lawyer circles and normal folks remember the case if not him himself) and remembers that there really was no way he could win given those circumstances.

      They win? Given how unwinnable the case was, that is a huge gold star to put on one's resume.

    4. Re:Wealthy and their expectations.. by Anonymous Coward · · Score: 0

      Hi there, APK! Yeah, yeah, we know big words like that impress you...

    5. Re:Wealthy and their expectations.. by Rick+in+China · · Score: 1

      I did read the letter. I did read the article. The letter simply states "did not" - while the original e-mail states "did". Of course the lawyers are going to claim none of this was interpreted correctly, that's all they can attempt to do....alter history and perception. The e-mails are leaked. The database (sample) *was* leaked. This all happened. The lawyer letter? Um....yeah, ok, lets take that as truth, because obviously they have no motive to twist the truth, right?

      No disconnection from reality here, projection on your part perhaps.

      E-mail quote:
      "I got their entire user base"
      Lawyer letter quote:
      "At no time did Mr. Bhatia attempt to bypass Nerve.com’s security or to exploit its gap in any way"

  20. Re:this reminds me of an article some time ago abo by Anonymous Coward · · Score: 0

    why is this post not modded for points?

  21. I'd like to see the email Bhatia sent Krebs... apk by Anonymous Coward · · Score: 0

    See subject: It'd ALL hinge on it - if Bhatia said he did what the summary here says, Bhatia's wrong from the get-go imo...

    APK

    P.S.=> I've also seen that this Ashley Madison site wrote bots that deceived their male customers into thinking they were speaking with REAL women - not some "Eliza" style bot! That's LOW right there - really low... apk

  22. Canadian with an inferiority complex? by floon · · Score: 0

    I keep noticing the same thing over and over, that Canadians who work in high-tech have a huge inferiority complex against Americans, and look for excuses to be threatening or nasty. it's a beautiful thing to see such lack of self-awareness on display.

    1. Re:Canadian with an inferiority complex? by Anonymous Coward · · Score: 0

      Re: "... huge inferiority complex against Americans..."

      That is generally true, not specific to high tech. You would too if you lived next door to the world's only remaining superpower.

      Which also means that when said superpower has certain "issues", there is Schadenfreude in watching the superpower struggle (though sometimes it's just painful and there is no enjoyment at all).

  23. WIRED's story on it clears that up... apk by Anonymous Coward · · Score: 0

    Bhatia ADMITS hauling in competitor nerve.com's DB & posted samples of it online even! Very DUMB imo... very dumb.

    * WIRED -> http://www.wired.com/2015/08/a...

    APK

    P.S.=> Again per my last post, see my 'p.s.' there too - it's nothing but truth & doesn't speak WELL of this EX-CTO Bhatia... I mean, in this case, he even KNEW about nerve.com's issues, & NEVER WARNED THEM (the right thing to do) + even KNEW of Ashley Madison's security issues also (never fixed them apparently either IF I understood what I just read correctly) - anyone feel FREE to correct me IF/WHEN I am off/wrong here... apk

  24. Re:lawyer letter says article misrepresented the f by Anonymous Coward · · Score: 1

    We don't the facts, but here's his position, which may be reasonable g

    I don't your post.

  25. Re:I'd like to see the email Bhatia sent Krebs... by Anonymous Coward · · Score: 0

    I think it's safe to say all dating sites do that. Even Reddit did it to make people believe the site was more popular than it was. It's becoming more and more common that new sites have far more fake users than real users.

  26. You anal? by Anonymous Coward · · Score: 0

    I can't believe people continue to use that ridiculous acronym, when a perfectly fine slight modification removes the duality: IMNAL.

    1. Re:You anal? by Anonymous Coward · · Score: 0

      Some people need discretion & deniability in their search for cock. Seems the polite thing would be not to call attention to it.

    2. Re:You anal? by lucm · · Score: 1

      Keep going. One million more post of this same message and you'll make a dent in IANAL use.

      --
      lucm, indeed.
    3. Re:You anal? by Anonymous Coward · · Score: 0

      who could possibly care what you believe. IANAL IANAL IANAL

    4. Re: You anal? by Anonymous Coward · · Score: 0

      Don't say that. He's stupid enough to actually do it.

    5. Re:You anal? by Anonymous Coward · · Score: 0

      I can't believe you don't know what an acronym is. But your suggestion makes it pretty clear that you don't.

    6. Re: You anal? by Anonymous Coward · · Score: 0

      You may not like it, but your mom loves it.

  27. a corrupt indian? by Anonymous Coward · · Score: 0

    shocker!

  28. That's really wrong man... apk by Anonymous Coward · · Score: 0

    See subject: It's lame & low imo - & they're apparently not concerned in the least about deceits like that coming out eventually!

    * Hard to believe Reddit did it - do you have any documentation of that?

    (I hate to be a "citation demanded" idiot, but in this case, regarding Reddit - I'm actually curious now (they're VERY popular afaik, I don't use it myself & never have))

    APK

    P.S.=> To be honest here? I've felt the world was going crazy for a WHILE now - even asking MY elders (me @ 50++ yrs. of age now in fact) a few years back "Is it ME, or is the world more nuts than ever now?" since they lived longer than I, & I often look to my elders for advisement (when I respect their opinions & experience that is) - every single ONE of them said "Absolutely"!

    See - I figured it was just the same as it ever was, only the the free flow of information due to the internet exposed it more (more of what was "hushed up" before only really) & THAT is what I told them as I wanted to be 'fair' about it, not assuming "I know everything" since I just plain don't!

    Nope - they disagreed on that too & stuck to their guns that it was more nuts than ever, & the world had gotten deceit down to a fine art!

    Man - I didn't know what to think so I just kept listening to what I read or heard + saw, & am still convinced things are more out of kilter than I ever saw in my time @ least... apk

    1. Re:That's really wrong man... apk by Anonymous Coward · · Score: 0
  29. You anal butt? by Anonymous Coward · · Score: 0

    I can't believe people continue to use that ridiculous acronym, when a perfectly fine slight modification removes the duality: IMNAL.

    1. Re:You anal butt? by Zontar+The+Mindless · · Score: 1

      Yet you're the only one who seems to care.

      (To the point of being obsessed, even. Maybe you stop and should ask yourself why.)

      --
      Il n'y a pas de Planet B.
  30. Everyone noticed by Anonymous Coward · · Score: 0

    ... Bhatia noted a security hole in a competing website ...

    Did he check the security of his own web-site, and in particular, for the same flaw? Since the hackers/crackers claim there wasn't any security at AM, what was this CTO doing besides free penetration testing for the competition?

  31. You anal? by Anonymous Coward · · Score: 0

    I can't believe people continue to use that ridiculous acronym, when a perfectly fine slight modification removes the duality: IMNAL.

  32. Re:Stupid indian by Anonymous Coward · · Score: 0

    Stupid racist, too dumb to read the actual letter.

  33. "WoW" - Glad I never joined Reddit... apk by Anonymous Coward · · Score: 0

    See subject - & I never will: Complete lack of integrity + deceitful as hell!

    APK

    P.S.=> Makes you wonder how much of that goes on elsewhere (I know for a fact of a few 'sockpuppeteers' here for instance - imagine an ENTIRE forums full of them though)

    ... apk

    1. Re:"WoW" - Glad I never joined Reddit... apk by Anonymous Coward · · Score: 0

      I know for a fact of a few 'sockpuppeteers' here for instance...

      APK looks in mirror. Film at 11.

  34. Re:Agreed, 110%: Krebs didn't lie... apk by unixisc · · Score: 1

    Bhatia should have consulted you about the /etc/hosts files that he wasn't using

  35. Re: lawyer letter says article misrepresented the by Anonymous Coward · · Score: 0

    That subject line tho g

  36. Ashley Madison's CTO shouldn't be suing Krebs... by Nova+Express · · Score: 1

    ...he should be researching which countries don't have extradition treaties with the United States...

    Also: Top 10 Ashley Madison Pickup Lines.

    --
    Lawrence Person (lawrencepersonh@gmailh.com (remove all "h"s to mail)

    http://www.lawrenceperson.com/

  37. NSA Has Hilly-Billy Emails! by Anonymous Coward · · Score: 0

    One avenue of attack is to go after the Director of NSA.

    Offer him, 10 of billions of African sex slaves!

    Offer him, cash, in 3 Trillion dollars,

    Or do a dirty dirty on Him; I.e. use his own agency to kill him!

    Otherwise, go after Platte River Networks, all the employees!

    Stage a Congressional investigation.

    Then subpoena all employees.

    Then ask the following questions to each employee:

    1) Do you have a Top Secret or above Security Clearance?
    2) Do you have accesses to Top Secret or above documents?

    Then ask:
    Did Platte River Networks receive Top Secret or above clearance and access?

    All the answers by all the employees will be, NO.

    Therefore they can all be shipped en-mass to GITMO and left to rot. Obama will never shut down GITMO.

    Ha ha

  38. Re:Stupid indian by Zontar+The+Mindless · · Score: 1

    Where's the letter? All I see at the other end of that link is another Slashdot post.

    --
    Il n'y a pas de Planet B.
  39. Re:this reminds me of an article some time ago abo by Zontar+The+Mindless · · Score: 1

    On account of the horrid misconstruction "to be stood corrected", obviously. The OP meant to say something like, "I am prepared to stand corrected...," or, "I ask to be corrected."

    He also doesn't close parentheses.

    --
    Il n'y a pas de Planet B.
  40. Re:this reminds me of an article some time ago abo by Anonymous Coward · · Score: 0

    "I am not a racist"

    I remember a lot of racist posts which contain that assertion.

  41. No, I don't "do" sockpuppets.. apk by Anonymous Coward · · Score: 0

    See subject: It'd make me as bad as those here that do which I know for a FACT, a few here do...

    APK

    P.S.=> I won't lower myself to THAT level - I even wrote hairyfeet, another member here, that VERY thing (idiots doing it would LOVE me to do that - to do what THEY do, dragging me DOWN to THEIR LEVEL - it's never going to happen)... apk

  42. Consult someone on your off topic trolling by Anonymous Coward · · Score: 0

    See subject you "ne'er-do-well" & do a better program than I did.

    * You can't, & you KNOW it...

    APK

    P.S.=> Gotta love these little miserable do nothing trolls - it's easy to toss the truth about them their way as I have above... apk

  43. Re:libelous and defamatory...bla bla, but is it tr by davecb · · Score: 1

    Roughly the same as the US, with detail differences. In both countries you can sue anyone for anything and tie them up in litigation. One province and a few states have explicit SLAPP statutes, and sharp judges will hit frivolous suits with costs against.

    --
    davecb@spamcop.net