said by S_engineer :

Problem is they were shut down prematurely. Not all of McColos clients were spammers. They had legitimate sites being hosted. So this opens up liabilities on that front. Not to mention McColo hasn't been formally charged with anything.
"Also unclear is the extent to which McColo could be held legally responsible for the activities of the clients for whom it provides hosting services. There is no evidence that McColo has been charged with any crime, and these activities may not violate the law."
this is from krebs himself...»www.washingtonpost.com/wp-dyn/co···oduletmv
By talking these actions, McColo may not only be entitled to damages, but ironically enough so may their clients.

All Krebs had to do was contact the proper authorities. But he decided that the rag post needed a sales spike. This route almost guarantees McColo part deux 1

said by S_engineer :

Problem is they were shut down prematurely. Not all of McColos clients were spammers. They had legitimate sites being hosted.

said by S_engineer :

McColo may not only be entitled to damages, but ironically enough so may their clients.

said by S_engineer :

All Krebs had to do was contact the proper authorities. But he decided that the rag post needed a sales spike. This route almost guarantees McColo part deux 1

said by bent :

Time for a law change.

said by S_engineer :

Everyones talking about a law change....but if your talking about a change in law then your admitting McColo didn't break any current law.

said by S_engineer :

and may even enable them and their clients to seek damages against Global Crossing and hurricane.

said by S_engineer :

but your convicting

said by S_engineer :

This is a blown opportunity

said by amigo_boy :

And you're overstating the facts. Nobody was convicted. The author merely presented upstream (and seemingly more professional) providers information he and other researchers had discovered about one of those providers' customers. Those providers apparently determined that McColo violated their terms of service.

Again, you're overstating the facts. You don't know if law enforcement was investigating McColo. You don't know if they would have if the author took the info to LE. (You don't know the author didn't.).

What we do know is that ISPs (including Hurricane and Global) will likely be more cautious about enforcing their terms of service. Consequently making it harder for spammers, et al., to get service (in the US at least).

Mark

said by S_engineer :

If mcColo is complicit for the s**t that they were hosting, and this was a violation of terms from global and hurricane, then they too are complicit due to the amount of time that this has been going on. If this was common knowledge, then why didn't Global and Hurricane pull the plug earlier?

said by S_engineer :

will they plead ignorance just as McColo will?

said by S_engineer :

Apply that premise to torture in war, the execution of prisoners sentenced to death,

said by bent :

Time for a law change. If it's on your servers and you know it's there, and you know it's illegal, you're complicit. The ISPs that pulled the plug were confronted with enough evidence that they really had no other choice, and the spam data certainly backs up their position. Im sure their TOS with McCulo (pun intended) included a prohibition against any illegal activity.

If you lie down with pigs, you get up smelling like shit. Next step should be the FBI seizing McCulos hardware as evidence and let a judge sort it out.

said by Sean :

How do you propose you convince the judge and jury MyColo knew about what was going on? There aren't any current laws about HAVING to know what your clients are doing, because that in itself is absurd (imagine having to keep tabs on ALL of your clients, and then your client's clients, etc since they are on your server).