Defending Self In a Case of On-Line Identity Theft? 390
Posted
by
timothy
from the show-them-a-video-of-your-entire-life dept.
from the show-them-a-video-of-your-entire-life dept.
SoccerDad41 writes "I am a systems administrator for an Indiana-based bricks-n-clicks retailer currently suspended because an unscrupulous typosquatter stole my name and registration information for his/her fraudulent domain registration. My company hired a third party service to protect their trademark by identifying and terminating infringing web sites. The third party identified a domain name, performed a WhoIs lookup & issued a complaint in compliance within ICANN's rules. This was presumably all reported back to our Legal department and it was noticed that the name on the domain registration matched mine. I have a locally uncommon ethnic last name so an immediate connection to me was made & although I protested my absolute innocence in the matter, I have been suspended on grounds of violating non-compete policies pending proof that it isn't me. The fraudulent domain registration was made with a different registrar (let's call them Registrar B) than the one my company uses (let's call them Registrar A). The public parts of the registration information at Registrar B match pretty exactly those of my legitimate domain registrations at Registrar A, including Registrar A's mailing address and phone number. The only things left out in the mailing address are the reference to a domain name and ATTN: Registrar A. Of course the anonymized email address differs as well. Surely I'm not the first in the Slashdot community to find myself in this situation. I'd like to avoid incurring the cost of a lawyer but I am intent on maintaining my good name and continued employment. What are my rights and responsibilities in this matter? What is my best course of action? How did you resolve this issue? How can I prove it's not me?"
There's obviously more to this story (Score:2, Interesting)
This sounds like a perfect example of a situation where there's lots more information that what we are given. It may be completely unrelated to the actual event, but is still relevant.
This falls under the category of "something weird". If a company really likes the employee involved with "something weird" they will probably believe the employee's story and not waste their time with legalities. If said employee is a nuisance (bad work ethic, loud mouth, does not get along well with others, causing problems, worthless at the job, superfluous) then this is a perfect chance to remove said employee without the hassle of unemployment, severance, back-pay, etc.
Basically, if the company wanted to keep the employee, this wouldn't be an issue. What's wrong is that the employee has been marked as unwanted, for whatever reason, and is currently being removed. The company chose this method because it looks legit on paper, but the real reason is probably completely unrelated.
The employee clearly doesn't realize this and is in complete shock as to why such a thing would interfere with his employment. The employee is looking for sympathy as, given the limited facts, this seems completely unfair. The employee should be looking outside the box to figure out why they were marked for removal.
Legal department of company? (Score:4, Interesting)
Get in contact with a lawyer and check what your options are, but try to find a lawyer that knows what internet is about. Evidence on the net is always a tricky thing. If the registrar is in the country where you live you may have some legal options to use to get evidence behind who did the fraudulent registration.
If the domain points to a web server somewhere it's also possible to check who is owning that server and is behind the web page.
But if your address is on the registration you may actually be able to contact Registrar B and ask them to snail-mail you sufficient data to take control over the domain and then transfer it to the company that employs you. Go in and specify something like that you no longer is able to access the email account for the registration or something. When you are in control of it you may have a possibility to go back and ask them for logs about when it was registered and payment process. It's a case of following the money. However try the lawyer path first because if you find the money behind it then you can also find the culprit.
However placing you on suspension seems to be a bit hard, and you may have a case here too.
Gain control and terminate (Score:4, Interesting)
I'm unclear on the problem. If the info at registrar B matches your info, then you can gain control of the account and terminate it. If it doesn't, then you'll have proof the lawsuit is baseless. If you can't get control, the denial letter from the registrar will serve as proof the lawsuit is baseless.
Of course, to use this proof in court, you'll need a lawyer. But hopefully just getting a lawyer will encourage your company to cool down and talk sense.
But once all this is over, you need to scrub your info from the registration and replace it with the company's info, since it's their domain. You'll then want to quit this job, since this company is more interested in lawsuits than business.
Tough one (Score:3, Interesting)
Wow. Two thoughts immediately come to mind:
1 - Seek some competent legal advice. Don't be a fucking moron: You're about to lose your job and reputation and maybe be sued out of existence and your biggest worry is to "avoid incurring the cost of a lawyer"? So you come to slashdot instead? Mindboggling. Maybe some other competent professional advice as well?
2 - Sounds like too many coincidences to convince a jury. To prove you've been framed you would have to find out who did it and how they benefited doing it or you'll just sound like your garden variety disgruntled employee / asshole too clever for is own good or something like that. If I were you I'd start looking for another job.
Contact the registrar. (Score:3, Interesting)
If the whois information identifies you are the registrant, then contact the registrar. Identify yourself and take control of the domain name.
If the registrar refuses, include them in the lawsuit.
Re:Employment "at will"? (Score:3, Interesting)
Yes, parent is correct. It is very difficult to protect employees with laws for this kind of thing, at least not without also protecting employees who are simply inept, have a rotten attitude, or are just plain old lazy. If a company decides you've done something that's perfectly legal but contrary to their policy, then in many states you can indeed be fired. Personally, as a business owner in an at-will state, I would say that any business who fires somebody over something like this without even a cursory investigation doesn't deserve a good employee, and if I were the employee, I'd go to the local news outlet with a story about how 'identity theft can cost you YOUR JOB' and not exactly tear apart my previous employee, but indicate that they just didn't care to dedicate the resources to uncover what went on.
In fact, while this doesn't happen in my line of work (thankfully), what you'll see in states with these legal protections is that, when your company decides they want to fire you for any reason at all, they just start the very long paper trail of documenting your 'poor performance and attitude' and xyz other legal requirements to fire you, so that when you do finally lose your job, you're a) completely unprepared and b) now have a paper trail of BS performance reviews and poor references. You might say 'well that's a dishonest company,' and indeed you'd be correct, but that's what happens when the government doesn't let two private parties resolve their differences through a more natural means: resentment builds up and the work environment tanks. I'd sooner work in an at-will state than one where I'm 'protected.'
How do we know... (Score:5, Interesting)
...that it wasn't you? Seriously, folks: Maybe this individual is guilty as charged, and he's asking us about ways to defend his actions, or how to create a web of plausible deniability. Think about it: If this situation really happened to a truly innocent party, with looming consequences of job loss (especially in the current economy), don't you think said party would seek the advice of counsel before airing out his laundry on /.?
I know some of us are always willing to lend a hand to a fellow geek, but sometimes I have to shake my head at how quickly some of you jump to defend an individual who claims to be innocent, framed, whatever.
Re:Begging the question (Score:3, Interesting)
No "ands" about it. Get a lawyer, make no moves that he or she has not advised you on. The company has already found you guilty, for all intents and purposes. Sometimes the mere fact that you let management know you have retained counsel will be enough to convince them to back off. If they let this go to a court of law, they're crazy. The flimsy way in which a lot of registrars allow domain registrations ought to be enough to convince a judge that the company needs more than same names to create a convincing chain of evidence.
But the first step is the lawyer. You need one. It sucks and will cost money, but to try to battle this on your own is to invite disaster.
Re:How do we know... (Score:3, Interesting)
I was thinking in the same direction. Why/How would someone out there know to use a particular trademarked name and to also use a particular person's name who is associated with the company as an IT person to register a domain name?!
I have a feeling that there's a bit more to know than we are being told. I would not discount the possibility that this guy actually did register the domain hoping his company would buy it from him for a tidy profit and it backfired... badly.
I think we are short on facts here and it would be good to be able to find them. Come forward with ALL the information such as the domain name in question and maybe, just MAYBE some smart geek here can actually track down the fraudster and determine whether or not it is the OP or not... and if not, find the proof that OP is requesting.
Re:Begging the question (Score:3, Interesting)
This sounds logical, but it is not true or even relevant in states like Texas, where a company can terminate you for any reason.
However, when you apply for unemployment, things can get tricky for the abusive company, and they can wind up paying unemployment.
This I am certain of, because it happened to me.
It is not the right to be innocent, like he stated above, but right to work, which does not actually exist in Texas.
Innocent is only applicable when the government comes after you whith officers of the law, not your employer. Unless your employer is the government. Then it gets worse, not better. Just ask that federal employee recently fired because some outsider distorted her remarks.
By the way, exactly how long has the anonymous coward replier above been living in his fantasy world?
Re:Uh, what? (Score:3, Interesting)
I am however somewhat surprised by/skeptical about this story. How did the poster's name and info get associated w/ this? This sounds like an inside job or there's additional info missing from this story (which may be due to just trying to remain anonymous-ish).
Re:Legal department of company? (Score:3, Interesting)
Those are all steps that the company should make. If he does it, he is "generating evidence" that may not count as proof of his innocence. But I seriously doubt that the company is interested in hiring anyone to do any fact finding to disprove what they already believe to be the case. We have seen it all a thousand times: Belief is stronger than proof. They will feel no need to collect proof of this innocence as they already believe they have sufficient proof of his guilt. And if you present proof of innocence, they will not even look at it. They have made up their minds.
I say, give us the details. There are ample sleuths on Slashdot to uncover the whole truth of details. If you want proof that doesn't come from you, let it come from us... and better, let us get the proof and let YOUR LAWYER sue the company that you will no longer work for (because let's face it, you can't work there any longer) for damages so that you can live well until you find another job.
Re:Don't talk to anyone. (Score:3, Interesting)
Actually that's about right according to the tables used by insurance companies.
Re:Don't talk to anyone. (Score:4, Interesting)
You'd be surprised how many banks, businesses, etc, just go by the name and never stop to think that just because your name ain't Joe smith that it might still be common as dirt. I had to switch banks because they had three of "me" (one of which actually had the same FML, same names for parents, and same name for sister! I actually met them, it was weird, but when you're Irish certain names are as common as Maria is to a Latina) and they would never bother to look at anything except a name. Hell in this digital age there must be thousands of "you" splattered out all over the place, and even if you think your name is unique it probably ain't. Hell my mother made up my late sister's name and when she went to high school there was no less than 4 with the SAME name! It turned out by tracing it back 2 girls had been born a few days after my sis, and when their mothers heard my mom and the nurses talking about the name thought "Hey, that's cute!" and named their girls that and it spread from there.
So if their FIRST reaction is to automatically assume that you did it and use it as an excuse to suspend you? Yeah that is a shithole company and I'd be talking to a lawyer while I hunted for another job. Life is too short to be treated like shit by a company that obviously don't give a shit about their employees.
Re:Uh, what? (Score:5, Interesting)
>>>Why should they invent an excuse or lie?
They did it to me. I was signed to a 6-month contract, but the company suddenly decided to cut costs by getting rid of half the staff. Since I was only 1 month into the 6 month contract, they invented a bunch of lies: "You eat too much food at lunch time," and "You showed up late for the 11 o'clock meeting [even though I was there at 10:55]," and "You charged 45 hours when you were not given permission [even though just one week earlier the boss said we could go upto 50]."
They had to Lie to make it appear I had broken the terms.
Otherwise my termination would have been a breach of contract.
(BTW don't ever work for Rockwell Collins in Iowa; they treat you poorly.)
This story seems fishy... (Score:3, Interesting)
This story doesn't seem to add up. Why wouldn't a competent SysAdmin just contact Registrar B either by an Abuse, or a Support resolution process? Worst case scenario, a competent registrar will want a letter on the victim company's official letterhead, or some notarized document, to prove identity. Best case scenario, you could take over the domain (registered in YOUR name), and shut the site down by lunch-time on Tuesday.
If it were me and I WANTED to keep my job, then I'd lawyer up, if that didn't work.
Re:Uh, what? (Score:3, Interesting)
BEST WAY TO FIND A LAWYER:
Call your local (or closest) law school. They will be able to refer you to an (alumni likely) expert/specialist in the area of law you need help.
The two times I needed a lawyer I asked a lawyer for a referral to a specialist in the area.
As a bonus, when going through the law school, depending on your case, you might find pro-bono help.
-nB