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Fourteen Years of Service
Posts: 74,287
Threads: 317
RE: Hosting for Phishing? 04-12-2018, 04:29 AM
#11
(04-12-2018, 04:02 AM)Ender Wrote: (04-12-2018, 03:12 AM)Oni Wrote: (04-11-2018, 09:40 PM)phyrrus9 Wrote: They're US-based (west coast) servers.
Hosting in US is probably a bad idea for OP, not that I would recommend breaking the law. I'd probably vouch for your hosting, but for what he's wanting he'd only be a subpoena away from catching a felony.
He should be fine if he's targeting a specific person, or small group of people. But for large scale, then yeah, someone will take notice.
Generally speaking, yes.
However (as opposed to offshore hosting), US law may Impose harsh penalties for acts of phishing that's clearly not permitted.
Ten Years of Service
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RE: Hosting for Phishing? 04-12-2018, 01:36 PM
#12
I see US based servers, I run away as far as I can

No hard feelings!
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Fourteen Years of Service
Posts: 74,287
Threads: 317
RE: Hosting for Phishing? 04-12-2018, 04:04 PM
#13
(04-12-2018, 04:24 AM)phyrrus9 Wrote: Like I said, I pass on all of the responsibility to the client that caused it.
Unfortunately, the law doesn't take It that way.
For example, when The Pirate Bay went to trial In 2009, they tried to defend their actions by telling copyright holders that they didn't host anything on their servers and to contact the uploaders. Whilst I fully agree with that, they (The Pirate Bay) were providing the gateway to copyright material, hence they were responsible for all acts of copyright Infringement. You, myself and anyone can claim we're not accountable for the actions of others, but that's Immaterial. We're providing the service, thus If the service can be used for malicious Intent, we're the ones who're held (partly or otherwise) responsible.
I wish It works as you've stated, but reality Is, It doesn't.
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Thirteen Years of Service
Posts: 2,420
Threads: 231
RE: Hosting for Phishing? 04-12-2018, 11:19 PM
#14
(04-12-2018, 04:04 PM)mothered Wrote: (04-12-2018, 04:24 AM)phyrrus9 Wrote: Like I said, I pass on all of the responsibility to the client that caused it.
Unfortunately, the law doesn't take It that way.
For example, when The Pirate Bay went to trial In 2009, they tried to defend their actions by telling copyright holders that they didn't host anything on their servers and to contact the uploaders. Whilst I fully agree with that, they (The Pirate Bay) were providing the gateway to copyright material, hence they were responsible for all acts of copyright Infringement. You, myself and anyone can claim we're not accountable for the actions of others, but that's Immaterial. We're providing the service, thus If the service can be used for malicious Intent, we're the ones who're held (partly or otherwise) responsible.
I wish It works as you've stated, but reality Is, It doesn't.
There was actual precedent set for this just the other day during the FB senate hearing, where so long as you are a
platform you are not liable for the content that flows through the platform, however as soon as you set any sort of regulation about content (disallowing hate speech, etc) you become a provider or a service, in which case you have a sort of "editors obligation".
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Fourteen Years of Service
Posts: 74,287
Threads: 317
RE: Hosting for Phishing? 04-13-2018, 04:40 AM
#15
(04-12-2018, 11:19 PM)phyrrus9 Wrote: (04-12-2018, 04:04 PM)mothered Wrote: (04-12-2018, 04:24 AM)phyrrus9 Wrote: Like I said, I pass on all of the responsibility to the client that caused it.
Unfortunately, the law doesn't take It that way.
For example, when The Pirate Bay went to trial In 2009, they tried to defend their actions by telling copyright holders that they didn't host anything on their servers and to contact the uploaders. Whilst I fully agree with that, they (The Pirate Bay) were providing the gateway to copyright material, hence they were responsible for all acts of copyright Infringement. You, myself and anyone can claim we're not accountable for the actions of others, but that's Immaterial. We're providing the service, thus If the service can be used for malicious Intent, we're the ones who're held (partly or otherwise) responsible.
I wish It works as you've stated, but reality Is, It doesn't.
There was actual precedent set for this just the other day during the FB senate hearing, where so long as you are a platform you are not liable for the content that flows through the platform, however as soon as you set any sort of regulation about content (disallowing hate speech, etc) you become a provider or a service, in which case you have a sort of "editors obligation".
As long as you've done your homework and your
service platform Is
legally the responsibility of those who perform malicious acts, then all Is well.
If only this was the case for The Pirate Bay:
Quote:so long as you are a platform you are not liable for the content that flows through the platform
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Thirteen Years of Service
Posts: 2,420
Threads: 231
RE: Hosting for Phishing? 04-13-2018, 06:27 AM
#16
(04-13-2018, 04:40 AM)mothered Wrote: (04-12-2018, 11:19 PM)phyrrus9 Wrote: (04-12-2018, 04:04 PM)mothered Wrote: Unfortunately, the law doesn't take It that way.
For example, when The Pirate Bay went to trial In 2009, they tried to defend their actions by telling copyright holders that they didn't host anything on their servers and to contact the uploaders. Whilst I fully agree with that, they (The Pirate Bay) were providing the gateway to copyright material, hence they were responsible for all acts of copyright Infringement. You, myself and anyone can claim we're not accountable for the actions of others, but that's Immaterial. We're providing the service, thus If the service can be used for malicious Intent, we're the ones who're held (partly or otherwise) responsible.
I wish It works as you've stated, but reality Is, It doesn't.
There was actual precedent set for this just the other day during the FB senate hearing, where so long as you are a platform you are not liable for the content that flows through the platform, however as soon as you set any sort of regulation about content (disallowing hate speech, etc) you become a provider or a service, in which case you have a sort of "editors obligation".
As long as you've done your homework and your service platform Is legally the responsibility of those who perform malicious acts, then all Is well.
If only this was the case for The Pirate Bay:
Quote:so long as you are a platform you are not liable for the content that flows through the platform
TPB wasn't a platform, because it categorized the data, meaning that it in a sense regulated what content was allowed on the site.
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Fourteen Years of Service
Posts: 74,287
Threads: 317
RE: Hosting for Phishing? 04-13-2018, 06:47 AM
#17
(04-13-2018, 06:27 AM)phyrrus9 Wrote: (04-13-2018, 04:40 AM)mothered Wrote: (04-12-2018, 11:19 PM)phyrrus9 Wrote: There was actual precedent set for this just the other day during the FB senate hearing, where so long as you are a platform you are not liable for the content that flows through the platform, however as soon as you set any sort of regulation about content (disallowing hate speech, etc) you become a provider or a service, in which case you have a sort of "editors obligation".
As long as you've done your homework and your service platform Is legally the responsibility of those who perform malicious acts, then all Is well.
If only this was the case for The Pirate Bay:
Quote:so long as you are a platform you are not liable for the content that flows through the platform
TPB wasn't a platform, because it categorized the data, meaning that it in a sense regulated what content was allowed on the site.
I know.
That's why I mentioned "If only It was the case for The Pirate Bay"- meaning a platform, rather than the service they provided and continue to do so. Apart from ISP restrictions In selected countries, they're still up and running In the same capacity as they were when officially launched almost 15 years ago.
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