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Cameron Wants to Accelerate DIPB Following Paris Attacks

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In the wake of the ISIS attack on Paris, UK Prime Minister David Cameron is advocating a fast-tracking of the Draft Investigatory Powers Bill. The DIPB a controversial new piece of legislation which will expand the British government’s legal abilities to monitor Internet usage within the UK.

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The attack, which claimed the lives of more than 120 civilians in multiple locations and was reportedly orchestrated via the PlayStation Network, shocked the world Friday night and led governments around the world to consider their own security in the face of ISIS, including Britain. Most vocally in support of the DIPB over the weekend was Lord Carlile, who formerly acted as an independent reviewer of British legislation as regards terrorism. Carlile made a summary leap in logic by blaming Edward Snowden for terrorist sophistication, saying:

The Investigatory Powers Bill, which was published in draft form a fortnight ago by Home Secretary Theresa May, gives our spies all the powers they need to fight terrorism in the aftermath of the Snowden leaks, which have shown terrorists ways to hide their electronic footprints.

Similar logic, applied elsewhere, would lead one to believe that police procedural drama shows such as Law & Order give criminals new ideas. After all, ISIS has never come out and publicly thanked Edward Snowden for showing them the miracle of cryptography.

Also read: UK Set to Ban Internet Companies from Providing Total Encryption to Its Users

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Secure digital communications have existed nearly as long as insecure ones have. It’s a needs-based type of technology, and most average people did not feel the need to encrypt their communications until after the revelation that Big Brother was most definitely listening. Carlile believes the legislation should be adopted by the end of this year, rather than the end of next.

Carlile is what amounts to a British pundit, however, and inconsequential in comparison to David Cameron, who announced the addition of 1,900 staff to GHCQ, the British spy agency. Some have called the announcement’s timing into question because the additional employees were approved prior to Friday’s attacks.

Cameron said of the controversy surrounding the legislation:

We do need to take parliament and people with us. And remember this is about maintaining our capabilities and putting everything on a very clear statutory footing.

In a more aggressive gesture, Lord Carlile dismissed civil libertarian critics in his Daily Mail piece, saying:

Now the whole of Parliament needs to be decisive. […] The Liberal Democrats are approaching these issues from a civil liberties point of view, and the SNP, who are an important party in Parliament, are all over the place. Its leaders should now tell its MPs that freedom, whether of speech or of action, depends on safety. […] The powers sought in relation to communications will strengthen, not weaken, the liberal State.

The terrorists who attacked Bataclan and elsewhere are alleged to have used the PlayStation Network to do so. Even with the authority to monitor such networks, governments will find it extraordinarily difficult to extrapolate any useful intelligence from so doing.

Featured image from Shutterstock.

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Digital Fraud & How to protect Yourself: From ICOs to Bitcoin Scams

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Digital fraud continues to grow apace. More worryingly, the increasing variety and sophistication of the scams themselves has seen the number of people falling victim to scams growing just as fast. And we are no longer just talking about standard phishing. Today’s digital criminals are highly developed and extremely quick to jump on the latest online trends to take full advantage of every opportunity.

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As dispute resolution specialists we are often the first port of call for clients who have found themselves in particularly difficult situations. Unsurprisingly more and more of these situations involve digital fraud and we wanted to use this opportunity to outline some of the fastest growing and most regular scams and offer a little advice as to how you can separate scams from genuine opportunities.

1. Binary options (also known as all-or-nothing options, digital options and fixed return options) trading

A binary option is basically a financial option in which the pay-off is either a fixed monetary amount or nothing at all. There are two types of binary option:

§ A ‘cash-or-nothing’ option which will pay a fixed amount of cash if the option expires in profit

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§ An ‘asset-or-nothing’ option which will pay the value of the underlying security

It is the ‘or nothing’ that’s attracted fraudsters and there are now hundreds of trading platforms operating outside the regulated financial markets.

The scam is simple. A fake company owns a website that makes them look like a legitimate binary options broker and offers users access to a ‘live’ trading environment whilst promising accuracy, transparency and guarantees designed to settle the nerves of a would be investor. The investor then makes an initial deposit which they will see grow online at which point they’ll be asked to deposit more.

Eventually, despite the appearance of healthy growth, the website will suddenly fold taking all of your deposits with it. Alternatively if you have asked to withdraw your investment, you may be asked to top up your account to take your balance to the minimum required to make a withdrawal … at which point the website will fold taking all of your deposits with it.

If you fall victim to a binary options scam, resolution can be tricky. As these are fake companies, it’s very hard to find out who the owners are never mind begin the process of recovering your money. Waters are muddied further by the fact they will most likely be operating outside the UK (Israel has the dubious honour of housing the majority of these fraudsters) and operating in an area with little or no regulatory environment.

2. Initial Coin Offerings (ICOs)

The easiest way to explain it is that it’s a type of crowdfunding that has grown out of the current growth in popularity of Bitcoin and other cryptocurrencies. However instead of providing a shareholding in return for an injection of capital, the company seeking investment will release a fixed number of its own crypto-tokens then sell those tokens to investors. Usually the investors will pay for these tokens in Bitcoin but some will accept the major international currencies.

There is a common misconception that an ICO is the same as an IPO (an Initial Public Offering) but there are actually two major differences:

§ In an IPO the shares purchased by an investor are representative of their voting power and their level of ownership. This isn’t always the case with an ICO and just having the company’s cryptocurrency doesn’t guarantee voting or management rights; they are just something to be exchanged for other currencies at a later date.

§ As IPOs are an integral part of the world’s trading exchanges, they are heavily regulated. As cryptocurrency crowdfunding is new it does not yet enjoy the same protection which means any involvement carries as much risk as opportunity for an investor.

As this is still a developing area and an area that’s creating a bit of a buzz in the tech market, digital fraudsters have been quick to take note and fake investment opportunities are springing up at an increasing rate. Experience of resolving disputes after the fact has taught us a few lessons as to how to tell a real opportunity from a scam so if you are attracted by an ICO we would urge you to:

§ Make sure your investment will provide all of the ownership and voting rights you want

§ Understand the risks and if you are uncomfortable making a significant investment via a platform that sits outside the usual market regulations, this may not be for you

§ Do your due diligence and make sure the company offering the ICO is a going concern, has a recognised legal entity and that the project you want to invest in has the required research and staffing behind it

§ Make sure any investment you make will be is deposited into an escrow wallet and that at least one of the keys to that wallet is held by a trusted third party

§ Ensure you have a complete and professionally drafted set of legal terms and conditions signed both by you and by the company you are investing in

§ Ask around or search the internet in case no one has ever heard of the company launching or there is no record anywhere of the company and/or the entrepreneurs behind it

§ Ask to see both the business plan and a record of any work-in-progress (WIP); a negative or evasive response should be treated as a red flag

3. Bitcoin scams

Having hit its highest ever price, Bitcoin is currently in greater demand than it has ever been which means criminals have never been as active in finding different ways to exploit it for their own gain.

As it is so attractive the range of Bitcoin scams has grown almost impinged and the rise and rise of social media has provided the perfect platform for scammers to promote every variation. The list of scams we have come into contact with includes:

§ Malware downloads

Hugely attractive Bitcoin transactions are used to persuade you to download damaging software designed to damage or gain access to your computer.

§ Bitcoin phishing ‘impersonators’

Criminals use the Bitcoin logo to gain a victim’s trust then, once that trust is established, a phishing website entices users to enter their private Bitcoin key to check it exists in their database then the key is then phished and the associated account is emptied.

§ Bitcoin-flipping

After you pay a joining fee to exchange bitcoins and double any investment you make within a very short time-frame you find your bitcoins have been simply stolen.

§ Bitcoin pyramid schemes (also known as Multi-Level Marketing or MLM Schemes)

A high level of return is promised for a low level investment but the size of the return is linked to you sending the links to your friends to get them to join too. However once a few hundred people have signed up paid the joining fee, the scheme folds.

§ Fake Cloud Mining Services

Bitcoin “miners” validate transactions in the blockchain using complicated mathematical equations in exchange for new bitcoins. Scammers promise the same service then collect the ‘mining fees’ without actually doing any mining. Initially they will probably pay out a few small amounts but these soon dry up as the scammer disappears with the funds.

§ Bitcoin Investment Schemes

Again these scams promise high levels of return in return for providing low levels of capital for ‘investors’ who purport to trade digital currency. Like cloud mining scams they tend to pay out a few small returns then the payments stop and the scammer absconds with everything their victims have invested.

§ Fake Exchange Scams

Bitcoin exchanges (marketplaces that trade Bitcoin for traditional currency or other cryptocurrencies) are legitimate but fake exchanges are springing up every day. The fake exchanges will ask users to deposit funds to purchase Bitcoin whilst enjoying lower transaction fees than regular exchanges. The only thing is as these exchanges aren’t real, they never realise the promised return.

§ Bitcoin Donation Scams

In the wake of recent events, this is without doubt the most cynical type of scam. More and more scammers are creating fake donation pages asking people to donate in bitcoin rather than via better policed platforms like PayPal.

So how do you protect yourself? With all of these scams there is a basic rule, if it looks too good to be true, it probably is. If someone sends you a hugely attractive offer out of the blue, you need to immediately be on your guard.

Here are 4 basic rules we would urge you to follow:

§ Never trust any unsolicited email or social media post

§ Never click on any associated URL however high the potential return is claimed to be unless you know and trust the sender (and remember it’s now easy to replicate a social media account)

§ Never engage with or provide personal information in response to an email or social media account until you have checked to make sure the sender is 100% genuine.

§ Never enter into any type of financial transaction on the back of an email or a direct message on social media until you have completed all off your due diligence.

And if you do fall victim never try to resolve the situation on your own.

These may be criminals but they are highly sophisticated criminals and will be hidden behind layers of cleverly created camouflage. Always engage an experienced lawyer with a proven success record in resolving cross-border multi-jurisdictional disputes involving digital fraud. If you are going to recover lost funds, putting the right strategy in place immediately will be key to your success.

Important: Never invest money you can't afford to lose. Always do your own research and due diligence before placing a trade. Read our Terms & Conditions here.



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A Judge Has Approved a Lawsuit to be Served via Twitter

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Non-profit St. Francis of Assisi has been prosecuting a lawsuit on behalf of the estates and families of Assyrian Christians were murdered and had their property destroyed as a result of ISIS/ISIL/Islamic State activities in the middle east. The group is suing Kuwait Finance House, Kuveyt-Turk Participation Bank Inc., and a man named Hajjaj al-Ajmi for having financed the terrorist groups, but has had trouble serving papers on al-Ajmi.

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The plaintiffs noticed that al-Ajmi has an active Twitter account and asked a federal court to allow them to serve the papers that way. US Magistrate Judge Laurel Beeler assented to this request, saying in a ruling:

The court grants St. Francis’s request because service via Twitter is reasonably calculated to give notice and is not prohibited by international agreement.

Also a Twitter Rebel

Hajjaj al-Ajmi was kicked off Twitter in 2014 following a Treasury Department sanction. However, in May of this year he created at least one new account, and currently has over 100,000 followers. At the time, al-Ajmi was actively raising funds for Islamic State efforts, even posting phone numbers for people to call and make donations through. Archived tweets and news coverage would provide ample evidence in a case against him.

4-al-ajmi-tweet

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The St. Francis of Assisi is acting specifically on behalf of Christian victims of the Islamic State. Al-Ajmi’s status as a banned transactor by the Treasury Department, his history of being kicked off social media platforms for terrorist activities, and his general repertoire of anti-Christian, extremist Islam make him a ripe target for the proceedings. The other parties named in the suit have already been served by traditional means.

Not a First

The ruling notes that other cases in the past have allowed for the use of social media as an alternative means of serving papers. It noted the case of a trademark infringement suit against a Turkish citizen who could not be located. In that case, the court authorized e-mail, Facebook, and LinkedIn to be used. In a scam artistry case in which the Federal Trade Commission could not reach the alleged scam artists and could not get help from the Indian government, a federal court gave them permission to use the Facebook accounts of the parties named.

Probably Not a Normal Thing

Don’t worry, though. If you’re named in a lawsuit and you’re reachable by traditional methods, most likely you’re still going to be served in the traditional ways. One can imagine a future where frustrated process servers push for legislation to allow for the regular serving of papers via social media, and such an explicit law could conceivably make this ordeal the norm, but in all three of the largely known cases where this has happened, the plaintiffs had to get special permission from the court before considering social media serving to be in line with due process.

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San Bernadino iPhone Case: Major Press Agencies Are Suing the FBI

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The Associated Press, Gannett, and VICE Media are suing the FBI to know more details about the agency’s hack of the San Bernadino killer’s iPhone.

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