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Anyone Can Take Down Facebook Pages with a Fake Email Address
- VladRussian 15y agothe DMCA as the law and the practices it established is beyond broken. It is a rare occasion where i'd agree with Facebook approach - there is no reason to invest in the lipstick for that pig. Don't like how DMCA works - write to your representative, or even better - elect a one who'd represent people not the money.
- monochromatic 15y agoYeah, it gets a lot of flack, but I don't think it's so terrible. It provides a safe harbor for hosting providers (very good); it provides a simple way for rights holders to stop infringement (good); and it provides a simple way to dispute a takedown notice (good). The only bad part is that it's subject to frivolous takedowns, but this is mitigated by my third point and the fact that it's a crime to submit a false takedown notice.
- pyre 15y agoBy not responding to counter-notices, Facebook is not complying with the DMCA. Though it's not really clear that these copyright claims are honest-to-goodness "on penalty of perjury" DMCA requests. [update] I was finally able to find a link to the Facebook form (https://www.facebook.com/legal/copyright.php?noncopyright_notice=1 https://www.facebook.com/legal/copyright.php?noncopyright_no...). It appears to say that you affirm this information under penalty of perjury, but it's also a 'non-copyright' claim which I'm not sure falls under the DMCA. It definitely doesn't say that it's a DMCA notice anywhere on that page.
- tomjen3 15y agoWhy does everybody always suggest changing politics is as simple as electing a new congress critter. What we need is outside of the box thinking - maybe urls which change so fast that there is no way to identify the content behind them for a DMCA? That would obviously mean we would need a way to redirect people but it would at least have a chance of working, were as politics doesn't.
- vipivip 15y agoPatch the bug Facebook.
- wccrawford 15y agoIt's not a bug, it's a feature. No, seriously. The page works exactly as they intended. It just so happens that malicious people can exploit that functionality to their own ends. Instead, you want them to redesign that system. It's flawed from the ground up.
- tdfx 15y agoThe feature isn't broken. The system is.
- oasisbob 15y agoFacebook is not alone in being vulnerable to faked DMCA takedown notices. However, the DMCA requires such notices to be made under the penalty of perjury. If you're willing to perjure yourself, the DMCA has always allowed for you to do so. I don't agree with the article's suggestion that Facebook can just raise the bar on which notices to accept. It's my understanding that service providers can't implement such restrictions and still qualify for safe harbor protection. If there's a story here, it's that Facebook might not be properly processing counter-notices: http://www.chillingeffects.org/question.cgi?QuestionID=132 http://www.chillingeffects.org/question.cgi?QuestionID=132 I've only dealt with 512(a) (while working an abuse-desk at an ISP), I'd be interested to hear more from people experienced with 512(c).
- wccrawford 15y agoI see a lot of people saying DMCA about this, but nowhere on that facebook page does it say you are submitting a DMCA request, so you can't possibly be charged with submitting a false one. Yes, Facebook has to comply with DMCA takedown notices... These aren't necessarily those, though they could be. Facebook could be handling this better, though. An automated form is probably the worst way imaginable (short of a 1-click link) to handle this.
- jwecker 15y agoThey obviously have a deficient (missing) counter-notice mechanism. I'm not willing to perjure myself, but I would love to see what happens when several dozen politicians get have their pages mysteriously taken down. Actually, not really, now that I think about it. Seems like a pretty serious social-denial-of-service attack vector. A handful of guys working with basic anonymity tools could make vast swaths of Facebook unusable.
- dexen 15y agoParadoxically, a mass exploitation of it would be ``good'' in that it would force Facebook to fix the process. Due to the current low volume, the problem lingers, while people and organizations get hurt. Low volume as compared to other Facebook traffic, anyway.
- bct 15y agoGolly, it sounds like re-inventing the web on top of a centralised platform has all kinds of problems! Who'd have thought?
- bct 15y ago(Alternatively: Golly, it sounds like having your business depend on a third party that has no obligation to you has all kinds of problems!)
- atacrawl 15y agoThere was a story going around a couple of years ago about how easy it was to tell Facebook that someone had died, sending their profile into limbo (sorry for the bad pun, but it's the best description I can come up with) that was very difficult and time-consuming to escape from. So needless to say, I'm not surprised by this.
- imrehg 15y agoI have an issue with "Facebook could also choose to insist that throwaway email addresses (e.g. Hotmail, Gmail, Yahoo, etc.) cannot be used for these sorts of complaints - that a domain name associated with the brand which claims to being breached is used instead". Why is it only about corporations? Other people's copyright cannot be violated - say a successful blog that someone hosts on Blogger/Wordpress? Those wouldn't have own-branded email names. Also, it is confusing "copyright" and "trademark" issues (with the mentioning "brands" like that) - the latter is not subject to DMCA, now is it?