Microsoft Crushes Cryptome

Accomplishing what many governments and their most secretive agencies have long failed to do, Microsoft used a DMCA notice to close Cryptome today.

Microsoft dropped a DMCA notice alleging copyright infringement on Cryptome’s proprietor John Young on Tuesday after he posted a Microsoft surveillance compliance document that the company gives to law enforcement agents seeking information on Microsoft users. Young filed a counterclaim on Wednesday — arguing he had a fair use to publishing the document, a full day before the Thursday deadline set by his hosting provider, Network Solutions.

Regardless, Cryptome was shut down by Network Solutions and its domain name locked on Wednesday — shuttering a site that thumbed its nose at the government since 1996 — posting thousands of documents that the feds would prefer never saw the light of day.

Here's the offending document (PDF). The public interest in revealing it is obvious and clearly brings doing so under Fair Use. Would Microsoft be allowed to shut down CNN or the New York Times if they had revealed it? Will they be able to attack Wired for doing so now? Or me for linking to it?

Cryptome revealed secrets about government torture, rendition flights, telephone company spying and all sorts of other government and corporate skulduggery. If Microsoft are now responsible for ending that tradition of casting sunlight on shadows it will be a black mark against the company.

Update: Cryptome is back up on an emergency back up server.

UPDATE 2 Feb 27: Able to recognize a force 10 PR shitstorm when it's blowing their shingles off, Microsoft relents and withdraws their DMCA shutdown request:

Subject: DN: www.cryptome.org; Registrar: Network Solutions; Host: Network Solutions - Demand for Immediate Take Down - Notice of Infringing Activity - MS Ref. 304277
Date: Thu, 25 Feb 2010 12:22:59 -0500
From: "DMCA"
To: "John Young"

We would like to notify you that Microsoft has contacted us regarding www.cryptome.org. Microsoft has withdrawn their DMCA complaint. As a result www.cryptome.org has been reactivated and this matter has been closed. Please allow time for the reactivation to propagate throughout the various servers around the world.

Linda L. Larsen, Designated Agent
Network Solutions, LLC
Telephone: 703.668.5615
Facsimile: 703.668.5959
Email: dmca[at]networksolutions.com