White Falcon Communications Sues after Server Seizure

Tue, 18th November 2014, 19:34

White Falcon Communications and its owner Dmitry Glazyrin are suing the Attorney General of Canada and RCMP members Clint Baker and Paul Wrigglesworth after the federal police agency seized the web hosting company’s dedicated servers and equipment in June 2013.

The Notice of Claim filed in BC Supreme Court on November 6 allege the RCMP conducted a negligent investigation and seized servers owned by White Falcon Communications from Burnaby Co-lo firm Arima Networks in June of 2013.

At the time, Arima’s president Curtis Look told media "that White Falcon provides automated server and web hosting to customers using an the traditional automated, online process. Considering this, it is possible that neither Glazyrin nor White Falcon were actively and knowingly taking part in any illegal activities”.

Dmitry Glazyrin was out of the country when the servers were seized.

The seizure was related to an earlier U.S.-led investigation into the distribution of harmful malware known as the Citadel botnet. The Federal Bureau of Investigation working in concert with Microsoft’s Digital Crimes Unit served warrants to data centers in Pennsylvania and North Carolina seizing over 1000 servers. This knocked out over 80% of the command and control center (C&C) infrastructure used by Citadel.

According to the suit...

It is well known in the Internet security industry that legitimate businesses can be affected by botnet infections and indeed, the United States of America have a number of legitimate online business that had been affected with the ‘Citadel’ malware. It did not occur to the Defendants Wrigglesworth and Baker that White Falcon Communications may have been the victim of the Citadel botnet and malware and instead jumped to the erroneous conclusion that the Plaintiffs herein were actively engaged in the crime of unauthorized use of a computer and possession of device to obtain computer service.

The seizure effectively destroyed White Falcon’s business and the subsequent media coverage damaged its business goodwill. White Falcon and Glazyrin seek damages for intentional interference with business relations and negligent investigation.

One report recently found that the USA hosts 44 percent of all malware, making it the leading malware hosting nation, well ahead of Germany, which garnered a silver for hosting nine percent of all malware. The allegations have not been tested in court and the defendants have not filed a response.. yet.

Pay dirt for the attorney botnet. Meanwhile, the 'scourge' of unrepresented litigants, a.k.a. the Canadian taxpayers, just get screwed again!

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