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.