Why Seizing Domains is Reaping Failure

FailureThe bad guys don’t care.  Just like popping a wheelie on your bike, it’s a neat trick but it only works for a few seconds.  Please understand that we are investigating criminals, not websites.  The person on your staff that tells you they are investigating websites should be fired for incompetence.  That is like a homicide investigator saying he investigates piano wire.  He clearly doesn’t understand the difference between a perpetrator and a tool.

In 2008, I innovated a way to help my clients join multiple websites into one case.  Basically I proved that they were all tools used by the same individual and/or crime gang.  Some clients took my advice and allowed me to use this data to assist law enforcement and put these thugs away.  One of these investigations led to the arrest of  the “King of Spam” Oleg Nikolaenko.  The Intellectual Property Rights community at-large exploited this new innovation for their short term gain by seizing domains by the hundreds (and sometimes thousands).  Not one of these lawsuits with fake million-dollar judgments have yielded in an arrest.

The reason we are fighting the good fight is to stop people from doing bad things and hold them accountable for their actions.  Whether you are enforcing trademark rights or car thefts, this has to be done one person at a time.  In 2010 a client asked me what we could take away from the offenders to make them stop.  My simple answer was “Their freedom.”  Entrepreneurs will always find a way to do business.  Bad guys need to be put away to reflect on their actions.  Nothing else will stop them.  When you take away only the tool, you are training the criminal to improve.  I am not in the business of training crooks.  Are you?

My next series of articles will focus on the components of an Internet crime ring and how they continue to elude.  Please stay tuned as I astonish you with techniques that have never been revealed to an enforcement community.

Now I’m going to finish my coffee.

This article belongs to IPCybercrime ! The original article can be found here: Why Seizing Domains is Reaping Failure

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About Rob Holmes

Rob Holmes is Founder & CEO of IPCybercrime.com. Raised in New Jersey in a family of private investigators, Rob worked his first trademark infringement case at the age of twelve. While aspiring as a stand-up comedian in Los Angeles in the early 90s, he was employed at a premiere intellectual property investigative firm. Here, he found himself assigned to investigate a new breed of faceless perpetrators: online infringers. Rob conducted some of the world’s first IP-related Internet investigations, and pioneered the study of the “virtual crime scene”. His regular clients include 20 of the 100 Best Global Brands. Rob is a private eye, funny guy, blogger, Calvinist, Freemason, Prius owner, and a Gene Hackman Fan.