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This Is Why It Pays To Host Offshore!

Discussion in 'BlackHat Lounge' started by The Scarlet Pimp, Sep 9, 2015.

  1. The Scarlet Pimp

    The Scarlet Pimp Senior Member

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    Outed Ashley Madison users want to make stolen data legally toxic

    In the wake of a data leak that exposed millions of users of the infidelity dating website Ashley Madison, a rush of lawsuits have followed, alleging, mostly, that Ashley Madison failed when it came to security.

    But a new lawsuit filed against Amazon Web Services, GoDaddy and sites that made the Ashley Madison information searchable has a unique legal strategy: it wants to hold the defendants to blame for aiding and abetting hackers in the spread of stolen data.

    The three litigious users may have been outed by the leak but they're staying anonymous in court, filing the $3 million suit last week in Arizona District Court as "John Does."

    Their suit alleges that websites such as ashleymadisoninvestigations.com and ashleymadisonpowersearch.com took stolen information and made it easily available for public perusal, and that Amazon Web Services and GoDaddy became complicit by failing to comply with requests to remove the stolen data from their servers.

    "While these persons and entities may labor under the belief that their actions are entrepreneurial rather than criminal," the suit reads, "the fact remains that they are in willful possession of stolen property."

    GoDaddy and Black Rock Investigations, which runs ashleymadisoninvestigations.com, both declined to comment on pending litigation. Ashleymadisonpowersearch.com told Fusion that "the weakness of the arguments and blatant misstatement of the law in the complaint only reaffirm that what we are doing is legal."

    Amazon and other websites named in the suit did not respond to requests for comment.

    There's a broad U.S. law, Section 230 of the Communication Decency Act, that protects those on the Internet from getting sued for information provided by others, that would be these companies' and websites' first line of defense.

    Last year, for example, a Texas state court found that GoDaddy was liable for hosting the revenge porn website Texxxan.com, but the decision was overturned by a higher court because of Section 230. Thus far, it has been basically impossible to win a lawsuit that holds a company or person accountable for online content published or created by others.

    That's why there were no legal repercussions last year for sites like Imgur where hacked nude photos of celebrities that leaked online were re-posted.

    Saying that Amazon and GoDaddy were complicit in the theft is a stretch. As University of Maryland law professor Danielle Citron pointed out, we probably wouldn't want the kind of internet where Amazon could get in trouble for what someone else puts up online. Citron predicted that Amazon and GoDaddy will get the lawsuit dismissed with a Section 230 claim.

    http://fusion.net/story/194559/outed-ashley-madison-users-want-to-make-stolen-data-legally-toxic/
     
  2. Capo Dei Capi

    Capo Dei Capi BANNED BANNED

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    But even if it was offshore they could still be sued for the information they posted, its just higher judgements in the U.S.