Contributor

Is vigilantism legal? MediaDefender takes out innocent Revision3.

Opinion
May 30, 20082 mins

You have to read this tremendous description of this past weekend’s events at Revision3 written by Jim Lauderback. MediaDefender , a mercenary service hosted in California, makes a regular practice of “fighting illegal distribution of copyrighted content” by poisoning Bit Torrent servers with spurious files that spoof things like, oh, full copies of The Matrix. The idea is to essentially spam the Bit Torrent Peer to Peer network so that it is not an effective tool for file sharing.

Just one problem. Bit Torrent has thousands of legitimate uses, including efficiently distributing original content such as the videos that Revision3 produces. I am sure the full story will come out after the law suit dust settles (after the injunction that shuts down MediaDefender and puts them out of business). For now we know that MediaDefender’s banks of high end servers spewed over 8,000 SYN packets per second at Revision3’s Bit Torrent tracker servers. The resultant collateral damage caused a complete loss of business for Revision3 over the Memorial Day weekend.

Is it OK to take the law in your own hands and attack Internet servers, one of whose functions is to distribute pirated material from your clients? No. Is it OK to amass weapons on the Internet for the purpose of generating and sending SYN floods? No! Are you liable for loss of business and other damages if your Internet weapons cause damage to others? Should you go to jail if you engage in this type of activity for your clients?

Let’s see what the courts say.

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Richard Stiennon is chief research analyst at IT-Harvest, the firm he founded in 2005 to cover the 1,600 vendors that make up the IT security industry. He is the author of Surviving Cyberwar (Government Institutes, 2010) and There Will Be Cyberwar: How the Move to Network-Centric Warfighting Set the Stage for Cyberwar. He is a member of the advisory board at the Information Governance Initiative and principal of TrueBit Cyber Partners. He also serves on the R2-TAC, the technical advisory committee for the Responsible Recycling standard for e-waste.

Stiennon was chief marketing officer for Fortinet Inc. and vice president of threat research at Webroot Software. Prior to that, he was vice president of research at Gartner Inc. He has a B.S. in aerospace engineering and an M.A. in war in the modern world from King’s College, London.

The opinions expressed in this blog are those of Richard Stiennon and do not necessarily represent those of IDG Communications Inc. or its parent, subsidiary or affiliated companies.

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