26 February 2010. Add latest exchanges with Network Solutions and Microsoft lifting of takedown notice. 24 February 2010. Add email exchange with Robert Quiqley. Add second Network Solutions notice, Cryptome counter notification and Network Solutions email to Microsoft. 23 February 2010 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" <DMCA[at]networksolutions.com>

To: "John Young" <jya[at]pipeline.com> 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 Microsoft has withdrawn their DMCA complaint.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 _________ 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 13:09 -0500

To: "DMCA" <DMCA[at]networksolutions.com>

From: "John Young" <jya[at]pipeline.com> Dear Ms. Larsen, You may know we are publishing our email exchanges to help readers understand the process. Could you describe means by which Microsoft withdrew their DMCA complaint? Regards, John Young __________ Subject: RE: 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 13:24:52 -0500

From: "DMCA" <DMCA[at]networksolutions.com>

To: "John Young" <jya[at]pipeline.com> We received an email from Microsofts counsel withdrawing the complaint. Accordingly, we restored access and notified you of our action. If you have any questions, please feel free to call me. Linda L. Larsen, Designated Agent

Network Solutions, LLC

Telephone: 703.668.5615

Facsimile: 703.668.5959

Email: dmca[at]networksolutions.com __________ Subject: RE: 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 13:42 -0500

To: "DMCA" <DMCA[at]networksolutions.com>

From: "John Young" <jya[at]pipeline.com> Could we get a copy of the Microsoft email? For the public record. Thanks, John __________ 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 14:09:47 -0500

From: "DMCA" <DMCA[at]networksolutions.com>

To: "John Young" <jya[at]pipeline.com> Mr. Young, Pursuant to your request, attached please find the email correspondence containing Microsofts withdrawal of its takedown request. Respectfully, Linda L. Larsen, Designated Agent

Network Solutions, LLC

Telephone: 703.668.5615

Facsimile: 703.668.5959

Email: dmca[at]networksolutions.com __________ X-MimeOLE: Produced By Microsoft Exchange V6.5

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Content-class: urn:content-classes:message

Subject: Re: Ticket Number 1-452132847

Date: Wed, 24 Feb 2010 22:46:56 -0500

Message-ID: <54F83DC1AC2D7443AA904FFD32E2DAA40877B437[at]cbiexm02sf.cov.com>

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Thread-Topic: Re: Ticket Number 1-452132847

Thread-Index: Acq06IFo420gHHQPThWg1v/l3yM7TAAAjYcAAABtzJAAABl6EAAAmcd6ADcZlUA=

From: "Cox, Evan" <ecox[at]cov.com>

To: "DMCA" <dmca[at]networksolutions.com>

Cc: "internet4[at]microsoft-antipiracy.com" <IMCEAMAILTO-internet4+40microsoft-antipiracy+2Ecom[at]cov.com> Dear Ms. Larsen: I am outside counsel to Microsoft Corporation. I am writing to confirm my telephone message left with your nighttime operator at 7:45 PST this evening to withdraw Microsoft's takedown request with respect to the file available at http://cryptome.org/isp-spy/microsoft-spy.zip which is the subject of the correspondence below. While Microsoft has a good faith belief that the distribution of the file that was made available at that address infringes Microsoft's copyrights, it was not Microsoft's intention that the takedown request result in the disablement of web acess to the entire cryptome.org website on which the file was made available. Accordingly, on behalf of Microsoft, I am hereby withdrawing the takedown request and asking that Network Solutions restore internet access to http: cryptome.org as soon as possible. I can be reached at 415-640-5145 if you wish to discuss this request. Sincerely, Evan Cox

Counsel to Microsoft Corporation Restored microsoft-spy.zip Microsoft Global Criminal Spy Guide February 20, 2010 (1.6MB) Microsoft Global Criminal Spy Guide Mirrors http://jya.com/microsoft-spy.zip http://eyeball-series.org/microsoft-spy.zip http://cryptome.net/microsoft-spy.zip http://www.wired.com/threatlevel/2010/02/microsoft-cryptome/ http://file.wikileaks.org/files/microsoft-spy.pdf http://downtr.net/find/microsoft-spy+zip.html http://cyberlaw.org.uk/wp-content/uploads/2010/02/microsoft-spy.pdf Lawful Spy Guides paypal-spy.zip (ok) PayPal Spying Guide February 25, 2010 (932KB) myspace-spy.pdf (ok) MySpace Spying Guide February 25, 2010 comcast-spy.pdf (ok) Comcast Spying Guide February 25, 2010 microsoft-spy.zip(ok) Microsoft Global Criminal Spy Guide February 20, 2010 (1.6MB) facebook-spy.pdf Facebook Lawful Spying Guide February 20, 2010 aol-spy.pdf AOL Lawful Spying Guide February 20, 2010 skype-spy.pdf Skype Lawful Spying Guide February 20, 2010 cox-spy.pdf Cox Communications Lawful Spying Guide February 20, 2010 ning-spy.pdf Ning Lawful Spying Guide February 20, 2010 myyearbook-spy.pdf myYearbook Lawful Spying Guide February 20, 2010 stickam-spy.pdf Stickam Lawful Spying Guide February 20, 2010 usps-spy.pdf US Postal Service Mail Spy Request 1 February 20, 2010 usps-spy2.pdf (ok) US Postal Service Mail Spy Request 2 February 20, 2010 yahoo-preserve.pdf Lawful Yahoo Records Preservation Letter February 20, 2010 cisco-spy.pdf Cisco Lawful Spying February 12, 2010 3gpp-spy.htm 3GPP Lawful Spying and Security February 11, 2010

microsoft-spy.htm Microsoft Lawful Spying December 26, 2009 att-spy-doc-01.pdf ATT Lawful Spying Document 1 December 6, 2009 att-spy-doc-02.zip ATT Lawful Spying Document 2 December 6, 2009 (2.9MB) verizon-spy.pdf Verizon Lawful Spying Guide December 6, 2009 sprint-spy2.pdf Sprint CALEA Spying Delivery System December 6, 2009 sprint-spy.zip Sprint Lawful Spying Guide December 5, 2009 (600KB) voicestream-spy.zip Voicestream Lawful Spying Guide December 5, 2009 (626KB) yahoo-cryptome.htm Yahoo Cryptome Messages December 5, 2009 yahoo-demand.pdf Yahoo Demands Takedown of Yahoo Spying Guide December 2, 2009 yahoo-spy.pdf Yahoo Lawful Spying Guide December 2, 2009 cox-spy.pdf Cox Lawful Spying Guide December 2, 2009 sbc-ameritech-spy.pdf SBC-Ameritech Lawful Spying Guide December 2, 2009 sbc-lea-spy.pdf SBC Lawful Spying Guide December 2, 2009 ameritech-spy.pdf Ameritech Lawful Spying Guide December 2, 2009 cingular-spy.pdf Cingular Lawful Spying Guide December 2, 2009 cricket-spy.pdf Cricket Lawful Spying Guide December 2, 2009 nextel-spy.pdf Nextel Lawful Spying Guide December 2, 2009 pactel-spy.pdf Pacific Telesis Lawful Spying Guide December 2, 2009 gte-spy.pdf GTE Lawful Spying Guide December 2, 2009 This is temporary Cryptome address until the Cryptome.org domain is transferred. Network Solutions shut Cryptome.org and has placed a "legal lock" on the domain name, preventing its transfer, until the "dispute" is settled. Some recent files are available now and the full collection is being transferred. Subject: DN: www.cryptome.org; Registrar: Network Solutions; Host: Network Solutions - Demand for Immediate Take Down - Notice of Infringing Activity - MS Ref. 304277

Date: Wed, 24 Feb 2010 13:44:38 -0500

From: "DMCA" <DMCA[at]networksolutions.com>

To: "Microsoft Anti Piracy Investigator #4" <internet4[at]microsoft-antipiracy.com>, <Internet1[at]microsoft-antipiracy.com>

Cc: "John Young" <jya[at]pipeline.com> February 24, 2010 Mr. James Young, Internet Investigator

Microsoft Corporation

One Microsoft Way

Redmond, Washington 98052

USA Re: Claim of Copyright Infringement by www.cryptome.org Dear Mr. Young: Attached please find a Counter-Claim Notification received from John Young of www.cryptome.org on this date. We note that pursuant to the Digital Millennium Copyright Act (the DMCA) we will reactivate the Web site following the allotted time frame (not less than 10 and no more than 14 business days) unless we receive notice of litigation. Respectfully, Linda L. Larsen, Designated Agent

Network Solutions, LLC

Telephone: 703.668.5615

Facsimile: 703.668.5959

Email: dmca[at]networksolutions.com Dear Ms. Larsen, My Counter Notification is attached. Sincerely, John Young Subject: DN: www.cryptome.org; Registrar: Network Solutions; Host: Network Solutions - Demand for Immediate Take Down - Notice of Infringing Activity - MS Ref. 304277

Date: Wed, 24 Feb 2010 12:54:41 -0500

From: "DMCA" <DMCA[at]networksolutions.com>

To: "John Young" <jya[at]pipeline.com> Thank you for responding to the Notice of Copyright Infringement. Please note that if you wish to challenge the claim of copyright infringement you will need to submit a Counter-Notification in accordance with the Digital Millennium Copyright Act (the DMCA). Specifically, you will need to comply with page 25, Section (3) Contents of a Counter Notification. I have attached a copy of the DMCA for your convenience. Also, I would like to make you aware that in accordance with the DMCA, upon receipt of a Counter-Notification from you, Network Solutions will disable your site for not less than 10 days, nor more than 14 business days following receipt of the Counter Notification. During this time, the complaining party must initiate litigation. In the event that Network Solutions does not receive notice of litigation within the allotted time frame, your site will be reactivated. In the alternative, once you submit the Counter-Notification, you may remove the alleged infringing material during the 10-14 business day period to avoid disruption to your services unless we first receive notice of litigation from the complaining party. Respectfully, Linda L. Larsen, Designated Agent

Network Solutions, LLC

Telephone: 703.668.5615

Facsimile: 703.668.5959

Email: dmca[at]networksolutions.com Date: Tue, 23 Feb 2010 20:32:01 -0500

Subject: microsoft demands

From: Robert Quigley <robert[at]geekosystem.com>

To: jya[at]pipeline.com I'm the editor of Geekosystem.com, a site that covers technology and web culture. I recently read the letter you received from Network Solutions via Microsoft, and have looked over the Microsoft guide in question, and I was wondering if you've since heard anything about the situation. Has Cryptome ever been taken down, and have you ever had to switch hosting services? How often do you receive similar threats? (Yahoo being the obvious, recent example). What will you do if they take Cryptome down on the 25th, per the letter? Lastly, what aspects of the Microsoft guidebook that you published do you find most repugnant? I appreciate it, Robert Quigley

Editor, Geekosystem _____ Cryptome: Nothing heard since the Network Solutions notice which arrived about 5 PM today. Cryptome was booted in 2007 by Verio for reasons it would not disclose: http://cryptome.org/0001/cryptome-shut.htm The Yahoo threat is the most recent, but there were several while on Verio which it admirably resisted after hearing our side of the story(ies). That is described in the URL above. If booted by Network Solutions we will set up elsewhere, arrangements are always ready for that. Most repugnant in the MS guide was its improper use of 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. Second most repugnant is the craven way the programs are described to ease law enforcement grab of data. This information would also be equally useful to customers to protect themselves when Microsoft cannot due to its legal obligations under CALEA. There are other means to maintain confidentiality of legal obligations as lawyers well know. Claims of copyright violation is merely the cheapest and quickest way to coerce a service provider, no expensive lawyers needed. And it is a cheap and fast way to hide information from competitors as Yahoo intended with its false copyright claim. There are many firms with similar obligations to law enforcement who do not use copyright to hide the compliance process -- Cisco for one puts its compliance procedures online, as do others. We think all lawful spying arrangements should be made public, not necessary the legally-protected information under CALEA. Microsoft should join the others who openly describe the procedures, and just may do so if there is a public demand for it. We would like to aid that demand by publishing and refusing to take down the document which provides very important public benefits. Microsoft's lawful compliance guide is one of a dozen or so (below) we have published recently and only Microsoft and Yahoo have behaved like assholes -- probably because they are more afraid of the authorities than they are of customer wrath, having been burned repeatedly for not being sufficiently official ass-kissing. Quote me. Regards, John Lawful Spy Guides microsoft-spy.zip Microsoft Global Criminal Spy Guide February 20, 2010 (1.6MB) facebook-spy.pdf Facebook Lawful Spying Guide February 20, 2010 aol-spy.pdf AOL Lawful Spying Guide February 20, 2010 skype-spy.pdf Skype Lawful Spying Guide February 20, 2010 cox-spy.pdf Cox Communications Lawful Spying Guide February 20, 2010 ning-spy.pdf Ning Lawful Spying Guide February 20, 2010 myyearbook-spy.pdf myYearbook Lawful Spying Guide February 20, 2010 stickam-spy.pdf Stickam Lawful Spying Guide February 20, 2010 usps-spy.pdf US Postal Service Mail Spy Request 1 February 20, 2010 usps-spy2.pdf (ok) US Postal Service Mail Spy Request 2 February 20, 2010 yahoo-preserve.pdf Lawful Yahoo Records Preservation Letter February 20, 2010 cisco-spy.pdf Cisco Lawful Spying February 12, 2010 3gpp-spy.htm 3GPP Lawful Spying and Security February 11, 2010

microsoft-spy.htm Microsoft Lawful Spying December 26, 2009 att-spy-doc-01.pdf ATT Lawful Spying Document 1 December 6, 2009 att-spy-doc-02.zip ATT Lawful Spying Document 2 December 6, 2009 (2.9MB) verizon-spy.pdf Verizon Lawful Spying Guide December 6, 2009 sprint-spy2.pdf Sprint CALEA Spying Delivery System December 6, 2009 sprint-spy.zip Sprint Lawful Spying Guide December 5, 2009 (600KB) voicestream-spy.zip Voicestream Lawful Spying Guide December 5, 2009 (626KB) yahoo-cryptome.htm Yahoo Cryptome Messages December 5, 2009 yahoo-demand.pdf Yahoo Demands Takedown of Yahoo Spying Guide December 2, 2009 yahoo-spy.pdf Yahoo Lawful Spying Guide December 2, 2009 cox-spy.pdf Cox Lawful Spying Guide December 2, 2009 sbc-ameritech-spy.pdf SBC-Ameritech Lawful Spying Guide December 2, 2009 sbc-lea-spy.pdf SBC Lawful Spying Guide December 2, 2009 ameritech-spy.pdf Ameritech Lawful Spying Guide December 2, 2009 cingular-spy.pdf Cingular Lawful Spying Guide December 2, 2009 cricket-spy.pdf Cricket Lawful Spying Guide December 2, 2009 nextel-spy.pdf Nextel Lawful Spying Guide December 2, 2009 pactel-spy.pdf Pacific Telesis Lawful Spying Guide December 2, 2009 gte-spy.pdf GTE Lawful Spying Guide December 2, 2009 To; "DMCA" <DMCA[at]networksolutions.com>

Date: Tue, 23 Feb 2010 19:36 -0500

From: John Young <jya[at]pipeline.com>

Subject: Re: DN: www.cryptome.org; Registrar: Network Solutions; Host: Network Solutions - Demand for Immediate Take Down - Notice of Infringing Activity - MS Ref. 304277

cc: "Microsoft Anti Piracy Investigator #4" <internet4[at]microsoft-antipiracy.com> Dear Ms. Larsen, My counterclaim is that the Microsoft 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. Microsoft is improperly using copyright violation claim to conceal this violation of customer trust, a purpose not intended nor supported by copyright law. The document will not be removed. Sincerely, John Young

Cryptome.org Subject: DN: www.cryptome.org; Registrar: Network Solutions; Host: Network Solutions - Demand for Immediate Take Down - Notice of Infringing Activity - MS

Date: Tue, 23 Feb 2010 17:05:51 -0500

From: "DMCA" <DMCA[at]networksolutions.com>

To: <jya[at]PIPELINE.COM>

Cc: "Microsoft Anti Piracy Investigator #4" <internet4[at]microsoft-antipiracy.com>



VIA ELECTRONIC MAIL



February 23, 2010



Re: Potential Infringement of Copyrighted Material by www.cryptome.org



As you are aware, Network Solutions, LLC provides hosting services in connection with your Web site, www.cryptome.org. We have received the below notice from Graeme Grant, Internet Investigator on behalf of Microsoft Corporation (Microsoft), claiming there is content on your Web site that is infringing on the copyrighted material of Microsoft (the Claim). Pursuant to the Digital Millennium Copyright Act (the "Act), 17 U.S.C.S. §512, and our Acceptable Use Policy (the AUP), we will disable your Web site on Thursday, February 25, 2010 , unless the dispute between the Notifying Party and yourself is resolved. We are not in a position to determine whether or not the allegations in the Claim are true, and therefore we take no position as to the accuracy of the Claim. If you immediately remove the content that is objectionable to the Notifying Party, or you otherwise resolve the matter with the Notifying Party, and the Notifying Party confirms that his Claim has been resolved, it might not be necessary for us to disable (or continue to disable) the Web site. If you dispute the substance of the Notifying Partys Claim and wish to provide a counter-notification pursuant to the Act, please provide any such counter-notification (and the information required by Section 512(g)(3) of the Act) to my attention at dmca[at]networksolutions.com and we will proceed accordingly. For your convenience, we have attached to this e-mail a copy of the Act. Please direct all questions regarding the allegedly infringing material to the Notifying Party, who is copied on this e-mail. If you are able to resolve this matter within the designated timeframe, please send via e-mail, being sure to include all involved parties, a notification to that effect.



Regards,



Linda L. Larsen, Designated Agent

Network Solutions, LLC

Telephone: 703.668.5615

Facsimile: 703.668.5959

Email: dmca[at]networksolutions.com



From: Microsoft Anti Piracy Investigator #4 [mailto:internet4[at]microsoft-antipiracy.com]

Sent: Monday, February 22, 2010 7:34 PM

To: DMCA; Abuse

Subject: DN: www.cryptome.org; Registrar: Network Solutions; Host: Network Solutions - Demand for Immediate Take Down - Notice of Infringing Activity - MS Ref. 304277

Importance: High





VIA EMAIL:



Demand for Immediate Take-Down: Notice of Infringing Activity



URL: http://cryptome.org/isp-spy/microsoft-spy.zip

Case #: 304277

Date: 23 February 2010



Dear Sir or Madam,



Microsoft has received information that the domain listed above, which appears to be on servers under your control, is offering unlicensed copies of, or is engaged in other unauthorized activities relating to copyrighted works published by Microsoft.



1. Identification of copyrighted works:



Copyrighted work(s):

Microsoft Global Criminal Compliance Handbook



Copyright owner:

Microsoft Corporation



2. Copyright infringing material or activity found at the following location(s):



http://cryptome.org/isp-spy/microsoft-spy.zip



The above copyright work(s) is being made available for copying, through downloading, at the above location without authorization of the copyright owner.



3. Statement of authority:



The information in this notice is accurate, and I hereby certify under penalty of perjury that I am authorized to act on behalf of Microsoft, the owner of the copyright(s) in the work(s) identified above. I have a good faith belief that none of the materials or activities listed above have been authorized by Microsoft, its agents, or the law.



We hereby give notice of these activities to you and request that you take expeditious action to remove or disable access to the material described above, and thereby prevent the illegal reproduction and distribution of this copyright work(s) via your company's network.



We appreciate your cooperation in this matter. Please advise us regarding what actions you take.



Yours sincerely,



Graeme Grant

Internet Investigator



on behalf of Microsoft Corporation

One Microsoft Way

Redmond, WA 98052

United States of America



E-mail: Internet4[at]microsoft-antipiracy.com



Digital Millennium Copyright Act (DMCA)4.pdf [Omitted here]

