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Canada Security The Courts The Media

Ex-Ashley Madison CTO Threatens Libel Suit Against Journalist 142

An anonymous reader writes: Security reporter Brian Krebs, who has been instrumental in breaking news about the Ashley Madison hack, is now being threatened by the website's former CTO with a libel suit. Contained in the leaked data was a series of emails from the ex-CTO, Raja Bhatia, to the CEO of Ashley Madison's parent company. In the emails, Bhatia noted a security hole in a competing website, saying that he downloaded their user database and was capable of modifying and exposing it. After reporting on these emails, Krebs received a letter from Bhatia's lawyer (PDF) saying the post was libelous and defamatory. They demanded a retraction, which Krebs is thus far unwilling to do.
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Ex-Ashley Madison CTO Threatens Libel Suit Against Journalist

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  • by YrWrstNtmr ( 564987 ) on Saturday September 12, 2015 @11:43AM (#50509775)
    When you're in a hole, stop digging.
    • Re: (Score:2, Insightful)

      by Anonymous Coward

      Obviously emails sent from him, on the AM servers, with log files, provided in data dumps following this incident, and reported on by accredited reporters in showing the public interest is "the reporter fabricating information and making shit up on his own"... Libel will get thrown out immediately, but defamation of character... Even if it's true, the public knowing about it and thinking that Raja Bhatia committed wholesale fraud, compromised a competitor's servers, and is an all around dick hole is still d

    • There's a huge market in China!
  • Uh, okay (Score:3, Interesting)

    by Anonymous Coward on Saturday September 12, 2015 @11:44AM (#50509779)

    I'd love to see under what legal theory that reporting facts could be considered libelous or defamatory.

    • Re: (Score:3, Informative)

      by Anonymous Coward

      Laugh if you want to, but there are jurisdictions, even in well developed, non-dictator ruled countries where truth is not an absolute defense against libel charges. All the prosecution have to do is prove damages. It's then up to the jury to decide whether the common interest weighs heavier on the scales than the damages caused.

      • Re:Uh, okay (Score:5, Informative)

        by ShanghaiBill ( 739463 ) on Saturday September 12, 2015 @01:18PM (#50510131)

        there are jurisdictions, even in well developed, non-dictator ruled countries where truth is not an absolute defense against libel charges.

        ... and one of those is Canada, where AM is based, and where this lawsuit is being filed. In America, the truth is an absolute defense against libel. Under Canadian Defamation Law [wikipedia.org], it is not. The defendant can be found liable for damages, whether the accusations are true or not. Also, under Canadian defamation law, the defendant is presumed guilty, and has the onus of proving their statements were harmless.

        • Re:Uh, okay (Score:5, Informative)

          by sabri ( 584428 ) on Saturday September 12, 2015 @05:32PM (#50511015)

          and one of those is Canada, where AM is based, and where this lawsuit is being filed. In America, the truth is an absolute defense against libel. Under Canadian Defamation Law, it is not.

          First, no lawsuit is being filed. A lawyer just sent a warning letter.

          Second, Canadian Defamation Laws do not apply to a U.S. newspaper. So why should they apply to a U.S. journalist, writing on a website written in and hosted in the U.S. by a U.S. company (Akamai)?

          Third, even if the idiot can get a Canadian judgement against the U.S. person, that judgement must first go through the U.S. court system in order to be enforceable.

          So, all in all, the guy can scream whatever he wants, but all he is achieving is invoking the Streisand Effect.

          • by GNious ( 953874 )

            Could they get a Canadian court to block the source?
            I.e. if a foreign newspaper is found guilty in Libel and Defamation, could the judge order the nation's ISPs to block access to that newspaper's website, and halt import of printed copies?

        • by davecb ( 6526 )

          Wikipedia is highly opinionated in the earlier paragraphs, and it sounds like the commentator is actually talking about the UK. As noted later, the person suing had to prove you said something defamatory (positive onus) and your defences are justification (the truth, same as the US), fair comment, responsible communication, privilege and innocent dissemination.

          Trust CanLII over Wikipedia (;-))

          --dave

          • by hawk ( 1151 )

            I am a lawyer, but this is not legal advice. If you want legal advice from me, pay my retainer. If you get legal advice on slashdot, may God have mercy on your soul.

            Most (I believe almost all) other english speaking countries tend to follow the English Rule where it diverges from the American Rule. They may have areas which are largely changed, but I think the US is pretty much alone in the variations on defamation, contingency fees, and loser pays.

            hawk, esq.

    • by raymorris ( 2726007 ) on Saturday September 12, 2015 @01:16PM (#50510117) Journal

      The lawyer's letter lays out his position. We don't the facts, but here's his position, which may be reasonable g

      The letter to Krebs says that in the very emails Krebs relied on, the former CTO explicitly said that he did NOT download the account database. He said there is a clear vulnerability so someone COULD download the database, and he did not do so. The Krebs article appears to suggest that he did, so the Krebs article might be misrepresenting what is actually said in the emails.

      The letter also seeks to distinguish between noticing a readily apparent vulnerability vs "hacking" the web site. Those are kind of two degrees of the same thing, but Krebs said "hacked". If the truth is more like "noticed", a retraction is in order.

      Lastly, thr letter seeks to clarify that he was not AM's CTO, or even working for AM, at the time. Reading the article one might well get the impression that AM's CTO, on behalf of AM, hacked a competitor. That's not factually correct, the lawyer says.

      • by Anonymous Coward

        We don't the facts, but here's his position, which may be reasonable g

        I don't your post.

  • It's mind blowing (Score:5, Insightful)

    by ZorinLynx ( 31751 ) on Saturday September 12, 2015 @11:44AM (#50509781) Homepage

    It's been twelve years since it was coined, and yet it's unbelievable that people STILL haven't heard of the Streisand effect.

    Trying to shut someone up in this age just makes the information spread much faster and wider. I wouldn't have heard of this at all if the lawsuit wasn't threatened.

    • Re: (Score:2, Interesting)

      by Striek ( 1811980 )

      This actually has nothing to do with the Ashley Madison hack, except that Brian Krebs discovered this alleged hack during his investigation, and that the plaintiff used to be Ashley Madison's CTO.

      The lawsuit centres around the claim that Mr. Batia hacked into rival company nerve.com and exfiltrated their entire client database back in 2012. It has nothing to do with any claims against Ashley Madison.

  • Comment removed (Score:5, Insightful)

    by account_deleted ( 4530225 ) on Saturday September 12, 2015 @11:49AM (#50509797)
    Comment removed based on user account deletion
    • by Anonymous Coward

      Haven't you heard- none of the Ashley Madison twats were real. They were all dicks.

  • Someone else, above, said 'when you're in a hole, stop digging!', which is good advice -- unless your intention is to draw as much attention to yourself as possible. I'm still holding out for the idea that somehow this whole 'hacking' event was engineered and staged by Ashley Madison themselves, perhaps for generating large sums of money via blackmail, and to also generate as much interest in their business as possible, so when they 'rise from the ashes' of this incident, security ostensibly renovated and r
    • by vux984 ( 928602 ) on Saturday September 12, 2015 @11:59AM (#50509829)

      Seriously, it's only a half-step above running a brothel.

      A brothel is at least an honest business.

      • A brothel is at least an honest business.

        Please, tell me you're not that naive..

      • by U2xhc2hkb3QgU3Vja3M ( 4212163 ) on Saturday September 12, 2015 @12:45PM (#50509999)

        A brothel is at least an honest business.

        You really think so? I've heard that brothel customers keep getting screwed.

      • > A brothel is at least an honest business.

        In the US, at least, it's a criminal enterprise in most states. That automatically makes it likelier than most businesses to be crooked. And for far, far too many of them, the prostitutes are abused, with little ability to get police, community, or family support against abuse or harassment.

        I've actually known a few former prostitutes of both genders, socially. They'd been desperate for money, for food, for drugs, and one even to care for her 2 children. One col

        • by vux984 ( 928602 )

          So please, don't assume that a brothel is honest.

          I was more thinking red light district in Amsterdam.

          honesty doubtless exists in the field, but should be seen as the exception

          Depends where you are, more than anything. But sure, in America, I'd be pretty suspicious. Hell, a lot of 'legitimate stripper joints' are pretty shady.

        • by GNious ( 953874 )

          You'll notice that there's a lot of groups actively working on making prostitution generally legal (it is legal in a lot of places), in order to reduce the hold brothels and pimps have on prostitutes - basically, they are trying to make brothels into honest businesses.

    • Is Ashley-Madison even still in business? Can they even hope to get any more customers after this? Where is their income coming from?
      • by HiThere ( 15173 )

        At one point there was a claim that their business had improved after the leak became known. I never even tried to check whether this was true or not. (Perhaps a lot of people didn't catch on that most of the "female" accounts appear to be men who were paid to post as women.)

    • by pedz ( 4127433 )

      I'm still holding out for the idea that somehow this whole 'hacking' event was engineered and staged by Ashley Madison themselves

      No no... that can't be. Sony is the One and Only.

  • *sigh* Canada.. so easy to silence the critics.

    • by davecb ( 6526 )
      Roughly the same as the US, with detail differences. In both countries you can sue anyone for anything and tie them up in litigation. One province and a few states have explicit SLAPP statutes, and sharp judges will hit frivolous suits with costs against.
  • IANAL, but... (Score:4, Informative)

    by PrimeWaveZ ( 513534 ) on Saturday September 12, 2015 @12:10PM (#50509867)

    I've listened to Handel on the Law a lot. Isn't the truth an absolute defense when it comes to libel/slander suits?

    • I sure do wish it were so, but more often than not, the truth is used to defend censorship. So, now we have sealed and 'classified' documents to make it all official. The way to circumvent that is to write fiction... and, with a nod and a wink, claim none of it is 'true'.

    • It's worth noting that Handel on the Law's tagline is "marginal legal advice."

    • by Anonymous Coward

      Not in Canada and most non-US common law countries.

      • Re:IANAL, but... (Score:5, Informative)

        by BitterOak ( 537666 ) on Saturday September 12, 2015 @03:30PM (#50510615)

        Not in Canada and most non-US common law countries.

        Actually, truth is a defense against libel/slander in Canada, but the burden of proof is somewhat different in Canada than in the U.S. In Canada, it is often up to the defendant to proof that what they're saying is true, whereas in the U.S., the plaintiff must prove the statements false. In the U.K., sometimes truth isn't even a defense at all!

    • by Shimbo ( 100005 )

      I've listened to Handel on the Law a lot. Isn't the truth an absolute defense when it comes to libel/slander suits?

      Truth, but selectively quoted to give a deliberately false impression may be libel in a lot of countries (but not the US). That seems to be what the lawyer's letter is saying.

    • I've listened to Handel on the Law a lot. Isn't the truth an absolute defense when it comes to libel/slander suits?

      It is in this country, but not in other countries.

      Not to get stereotypical, but the CTO's name 'kinda implies that he's originally from India, or perhaps his family is from there.

      He may feel justified in pursuing a libel case simply from his upbringing. This might just be a cultural difference.

      (And I'm *still* wondering how these people find work after such a scandal. "CTO of Ashlet Madison" isn't something that would sell a resume, and the "so... what have you been doing for the past 4 years" has to be an

      • (And I'm *still* wondering how these people find work after such a scandal. "CTO of Ashlet Madison" isn't something that would sell a resume, and the "so... what have you been doing for the past 4 years" has to be an awkward interview question.)

        There are plenty of sociopaths on boards of directors who would love to hire someone with the track record of profiteering that the Ashley Madison execs have, and who don't give a flying fuck about the unethical nature of it. As long as the CTO can successfully shift

    • If you look at the actual lawyer letter [krebsonsecurity.com], it claims the original post was factually incorrect. It requests a correction of the story. The letter doesn't explicitly threaten a lawsuit, or threaten anything, actually.
    • by GuB-42 ( 2483988 )

      I don't know about the US but in France, it isn't absolute.
      If the truth is presented in a way that incite misinterpretation, it is still defamation. An exemple is saying "Mr. X is involved in a crime" when Mr. X is actually a victim.

  • That's essentially what Raja Bhatia's lawyers said, and I see nothing wrong with that.

    • by E-Rock ( 84950 )

      Even if we accept the bullshit hand waving that way he said isn't what he meant, I'm not sure that drawing a lot of attention to e-mails where you admit to criminal activity is smart.

  • by Anonymous Coward

    If I was Krebs, I would request my attorney send a letter to Bhatia's lawyer stating that since those Emails consist of a confession to Federal level hacking charges against a US corporation that he is required by law to make the information as public as possible, especially to such agencies as the DOJ and FBI (and whatever the equivalent Canadian authorities are), and that by definition there is no liable (at least in the US, the article does state that Canada's liable laws are different). Then follow up o

  • How does it affect my nerd life?
  • Oh yeah, threatening Brian Krebs will work perfectly, no way this could possibly go wrong!

  • by Anonymous Coward

    do you all remember an article that described a certain Indian class of individuals have claimed the right to lie, cheat, steal, and engage in dishonest practices to (supposedly further their advancement. This was based on the notion that individuals in their culture have been do depraved, "shit on", etc. Because of such atrocities committed, they have the right.
    I wonder if this episode could be attributed to that statement and thus that type of behavior. I wonder what cultural connections this may tie back

  • by Rick in China ( 2934527 ) on Saturday September 12, 2015 @02:09PM (#50510295)

    This dude works in tech - a CTO, well, assuming he's actually involved in tech, not some 'business' CTO - and thinks that this is a good idea. He's basically murdering his own reference for the future, nobody wants a bunk ass CTO who doesn't understand the internet or world at large, and has his name smeared all over (yada yada Streisand effect yada yada) but the bottom line is this: if you do shady shit, and get busted, there is to be no expectation of silence by anyone...once it's out, it explodes and that's fucking it. Touching it just makes the explosion bigger. "Lawyers", yeh I'm sure his lawyers are loving it - when they offer advice and "yeh, lets file a suit!" - they're just securing their own monetary gain...because obviously this whole thing blowing up just creates a larger vortex to funnel this fucktards money into.

    • I suggest reading the letter [krebsonsecurity.com] before drawing conclusions, I think you've gotten out of touch with reality in your post. (Of course, the summary is a bit out of touch, too).
      • I did read the letter. I did read the article. The letter simply states "did not" - while the original e-mail states "did". Of course the lawyers are going to claim none of this was interpreted correctly, that's all they can attempt to do....alter history and perception. The e-mails are leaked. The database (sample) *was* leaked. This all happened. The lawyer letter? Um....yeah, ok, lets take that as truth, because obviously they have no motive to twist the truth, right?

        No disconnection from reality here, p

  • ...he should be researching which countries don't have extradition treaties with the United States...

    Also: Top 10 Ashley Madison Pickup Lines [battleswarmblog.com].

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