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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.

22 of 142 comments (clear)

  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 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.
  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: 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.

    2. 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.

    3. 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.
  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 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
  4. 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."
  5. 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.

  6. 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 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!”
    2. 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?
  7. 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.

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

    There's a huge market in China!

  9. 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.

  10. 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.

  11. 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.
  12. 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

  13. 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.

  14. 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.