Takedown Demand to Cryptome on .pdf

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Markus B. Hopkins
Manatt, Phelps & Phillips, LLP
Direct Dial: (310) 312-4109
E-mail: MHopkins@manatt.com

manatt | phelps | phillips

VIA EMAIL TO cryptome@earthlink.net; jy@jya.com
John Young
251 West 89th Street
New York, NY 10024

Demand for Takedown of Unlawfully Disclosed Personal and
Confidential Information, and Misappropriated Intellectual Property

Dear Mr. Young:

We are legal counsel for Advantage Insurance Holdings, Ltd. (“Advantage Insurance”).
We are contacting you to demand the removal and permanent destruction of the above file from
cryptome.org (the “Subject File”), because it consists entirely of unlawfully obtained personal,
confidential, and proprietary information of Advantage Insurance and/or its clients, including,
but not limited to, personal health information. Due to the highly confidential and proprietary
nature of the information contained in the Subject File, making it available for public download
is a violation of various State and Federal laws, as well as the Network Solutions Domain Name
Registration Services Agreement that governs the operation of cryptome.org, and by
incorporation therein the Web.com Master Services Agreement and Acceptable Use Policy.1
We have verified with Advantage Insurance and direct investigation that the Subject File
is a .zip archive that contains unlawfully obtained information of Advantage Insurance and its
clients. By way of example, the file includes the following:


Personal information and personal health information, including, but not limited
to names, dates of birth, addresses, and other contact information, scans of
passports and other government identification, and medical records.

Confidential life insurance policy agreements between Advantage Insurance and
its clients.

Each of these documents are available for review and download from https://legal.web.com/.

11355 West Olympic Boulevard, Los Angeles, California 90064-1614 Telephone: 310.312.4000 Fax: 310.312.4224
Albany | Chicago | Los Angeles | New York | Orange County | Palo Alto | Sacramento | San Francisco | Washington, D.C.


manatt | phelps | phillips

John Young
January 10, 2019
Page 2

Advantage Insurance’s intellectual property in the form of trade secret and
copyright protected information, together with other confidential and proprietary
business information.

Your making the Subject File available for public download constitutes an unlawful
invasion of the individual privacy rights of Advantage Insurance’s clients, and infringes
Advantage Insurance’s rights in its intellectual property and proprietary information. Each of
these unlawful activities and your continuing posting of the Subject File and distribution of its
contents is a violation of various State and Federal laws governing the copying and disclosure of
private and/or proprietary information including, but not limited to, The Defend Trade Secrets
Act of 2016 (18 US Code §1836, et seq.) and U.S. Copyright Act (17 US Code).
In addition, your making the Subject File publicly available at cryptome.org is a violation
of the various agreements and policies of Network Solutions and its parent company, Web.com,
that govern use of the cryptome.org domain name. Excerpts of the relevant portions of these
policies and agreements appear below (emphasis added):
Section 3 of the Network Solutions Domain Name Registration Services Agreement:
3. Registrant Responsibilities. The registration or renewal of any Domain Name under this Agreement is
subject to (i) Web.com receiving from Registrant all information needed from Registrant in order to
complete such registration, (ii) such Domain Name not being in violation of any applicable law, rule or
regulation or the policies of the applicable Registrar or registry, (iii) such Domain Name not infringing on
the rights of any third party, (iv) Registrant will use the Services in good faith and that Registrant has no
knowledge or reason to believe that the Domain Name or the content found at any associated IP address
infringes upon or conflicts with the legal rights of any third party or any third party's trademark or trade
name, (v) neither the Services nor Domain Name(s) will be used in connection with any illegal or
morally objectionable activity, or, in connection with the transmission of unsolicited commercial email,
and (vi) Registrant's compliance with this Agreement.

Section 7 of the Web.com Master Services Agreement:
Customer hereby represents and warrants as follows:

x. Customer will not provide Content or other materials, or use the Services in any manner that either
directly or indirectly infringes any rights of a third party;
xi. Customer’s Content, other materials provided in conjunction with the Services, and use of the
Services will in all respects conform to all applicable laws and regulations;
xii. Customer shall use the Services in complete accordance with Web.com’s Acceptable Use Policy;


manatt | phelps | phillips

John Young
January 10, 2019
Page 3
Section 3 of the Web.com Acceptable Use Policy:
3. Prohibited Uses
Users may not:
a. Utilize the Services to send unsolicited e-mail to third parties. Furthermore, Users may use the Services
or software programs provided by Company to send e-mail only if Users ensure that such transmissions
fully comply with all applicable regulations, rules, and laws, including, without limitation, the U.S. CANSPAM Act of 2003.
b. Utilize the Services in connection with any illegal activity or any activity that would otherwise violate
any applicable regulations, rules or laws. Without limiting the general application of this rule, Users may
(i) utilize the Services to copy material from third parties (including text, graphics, music, videos,
or other copyrightable material) without proper authorization;
(ii) utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other
intellectual property rights of any third party;
(iii) utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials, or other any
products or services that are prohibited under applicable law;
(iv) utilize the Services to export encryption software to points outside the United States in
violation of applicable export control laws; or
(v) utilize the Services in any manner that violates any applicable regulation, rule or law
c. Utilize the Services in connection with any tortious or actionable activity. Without limiting the general
application of this rule, Users may not:
(i) utilize the Services to publish or disseminate information that (1) constitutes slander, libel or
defamation, (2) publicizes the personal information or likeness of a person without that person’s
consent, or (3) otherwise violates the privacy rights of any person; or
(ii) utilize the Services to threaten persons with bodily harm, to make harassing or abusive
statements or messages, or to solicit the performance of acts or services that are illegal under
applicable law.

Your violations of State and Federal laws and the numerous provisions of cryptome.org’s
agreement with Network Solutions and Web.com as described above are highly abusive and have
already resulted in significant harm to Advantage Insurance and its clients. In order to avoid
additional injury that will certainly result if you continue to make the Subject File available, you
must immediately remove the Subject File from cryptome.org and permanently destroy it and all
copies in any form or medium.


manatt | phelps | phillips

John Young
January 10, 2019
Page 4
Due to the incredibly sensitive nature of the information contained within the Subject File
and the urgency of the need for its removal and destruction, an abuse complaint is also being
submitted to Web.com together with a copy of this letter.
Nothing in this letter shall be deemed a waiver of any rights, remedies or defenses of
Advantage Insurance, all of which are hereby expressly reserved under all applicable laws.
Manatt, Phelps & Phillips, LLP

Markus B. Hopkins
cc: Michelle A. Cooke


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