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| Chilling Effects Clearinghouse > Weather Reports > Microsoft Invokes DMCA to Take Down Cryptome.org, then Relents | 
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|  Microsoft Invokes DMCA to Take Down Cryptome.org, then RelentsDavid Abrams, Chilling Effects Clearinghouse, February 25, 2010 Abstract: Network Solutions has taken the Cryptome website down after receiving a DMCA takedown notice from Microsoft claiming copyright infringement. Microsoft objects to the publication of a handbook provided to law enforcement describing what information the service keeps on its users and what legal steps are required to obtain that information. However, its takedown of the well-known web site may have effect of increasing the number of people who read the document.
Network Solutions has taken the Cryptome website down after receiving a DMCA takedown notice from Microsoft claiming copyright infringement. Cryptome collects "documents for publication that are prohibited by governments worldwide, in particular material on freedom of expression, privacy, cryptology, dual-use technologies, national security, intelligence, and secret governance. It has been in operation since 1996. One class of documents posted on the site are procedure manuals provided by ISP and hosting services to law enforcement describing what information the service keeps on its users and what legal steps are required to obtain that information. Cryptome obtained and posted Microsofts Global Criminal Compliance Handbook and subsequently refused Microsofts request to remove the document. Microsoft then invoked the takedown procedures of the Digital Millennium Copyright Act (DMCA), sending a takedown notice to Cryptomes hosting provider, Network Solutions, claiming copyright infringement late on Monday, Feb. 22. Network Solutions then sent the registered owner of the web site, John Young, a notice that it would disable your Web site on Thursday, February 25, 2010, unless the dispute between the Notifying Party and yourself is resolved. Young refused to remove the document, citing what appears to be a fair use/news reporting defense, that the document provides important information for the public to understand how Microsoft violates the trust placed in it by customers to protect their privacy and confidentiality of personal data and usage of Microsoft products. On Wednesday, Feb. 24,Young sent a counter notice to Network Solutions contesting Microsofts claim of infringement. Network Solutions then forwarded the counter notice to Microsoft, but apparently chose to disable the Cryptome web site immediately rather than wait until the deadline specified in its initial notice to Young. Microsoft now has two weeks to file a lawsuit against Young. If it does not, Network Solutions will be required to restore the site under DMCA rules. In the meantime, however, Young has republished the Cryptome web site at http://cryptomeorg.siteprotect.net/ minus the contested document. Young argues that Microsoft is: Improper[ly] us[ing] copyright to conceal from its customer violations of trust toward its customers. Copyright law is not intended for confidentiality purposes, although firms try that to save legal fees. Copyright bluffs have become quite common, as the EFF initiative against such bluffs demonstrates. Whether true or not, the result of Microsofts action in having a such a high profile web site taken down is only likely to make more people aware of the very document it is trying to keep confidential. The manual is currently available on Wireds web site and the publicity surrounding the takedown will likely cause more people to seek it out to see what the fuss is about. Update: Perhaps realizing that it could not contain release of the document (particularly given its newsworthiness in light of the Cryptome.org takedown), Microsoft informed Network Solutions this morning (Feb. 25th) that it was withdrawing its takedown notice. The site is now back up at its original URL.
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