Morgan Stanley Demands Removal of HBGary AnonLeaks Document

A representative of Morgan Stanley has demanded the removal of a document originally released by the online hacktivist group Anonymous. Morgan Stanley’s Computer Emergency Response Team (CERT) Physical Memory Standard Operating Procedures is a 23-page document that details procedures written by HBGary employee Phil Wallisch for Morgan Stanley’s CERT.  The original source of the document is an email from Phil Wallisch to the Morgan Stanley CERT in June 2010.  The document is available in other formats from a variety of sites hosting the AnonLeaks HBGary files.

The author apparently copied the request from a sample DMCA form letter, an example of which can be seen here.  In fact, she sometimes fails to insert her own information into the form letter, which can be seen most notably in section five of the demand.

Subject: use of Morgan Stanley report on Public Intelligence site
From: “Poylo, Nancy” <nancy.poylo@morganstanley.com>
Date: Mon, 7 Mar 2011 08:56:58 -0500
To: <legal@publicintelligence.net>

1. I am the duly authorized representative of the exclusive rights holder for the copyrighted material located on your website at
https://publicintelligence.net/hbgary-morgan-stanley-cert-physical-memory-standard-operating-procedures/;
2. These exclusive rights are being violated by material available upon your site at the following URL(s)
https://publicintelligence.net/hbgary-morgan-stanley-cert-physical-memory-standard-operating-procedures/;
3. I have a good faith belief that the use of this material in such a fashion is not authorized by the copyright holder, the copyright holder’s agent, or the law;
4. Under penalty of perjury in a United States court of law, I state that the information contained in this notification is accurate, and that I am authorized to act on the behalf of the exclusive rights holder for the material in question;
5. I may be contacted by the following methods (include all): [physical address, telephone number, and email address];

I hereby request that you remove or disable access to this material as it appears on your service in as expedient a fashion as possible. Thank you.

Regards,

Nancy Poylo
Morgan Stanley | Legal and Compliance
1221 Avenue of the Americas, 35th Floor | New York, NY 10020
Phone: +1 212 762-7286
Fax: +1 212 507-0509
Nancy.Poylo@morganstanley.com

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NOTICE: Morgan Stanley is not acting as a municipal advisor and the opinions or views contained herein are not intended to be, and do not constitute, advice within the meaning of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. If you have received this communication in error, please destroy all electronic and paper copies and notify the sender immediately. Mistransmission is not intended to waive confidentiality or privilege. Morgan Stanley reserves the right, to the extent permitted under applicable law, to monitor electronic communications. This message is subject to terms available at the following link: http://www.morganstanley.com/disclaimers. If you cannot access these links, please notify us by reply message and we will send the contents to you. By messaging with Morgan Stanley you consent to the foregoing.

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