Can Microsoft be sued over site defamation?

[dscurlock]

What is the name of your state (only U.S. law)?

I went to my website, shocker, my webiste shows this big red flag from microsoft saying my site has been reported for malware. There is no malware or virus on my site, is it really that easy to report a site, what is worse is they flag my site without some type of investigation...Isnt this defamation? They are telling any traffic that uses microsoft to stay clear of my website....This is like making false claims about my website that are not true....Of course, I filled out the form saying what they have said is not true, but what if they do not remove?

What do you guys think?

 

[justalayman]

I'm not familiar with what has happened with you. Maybe you can explain a bit. You spoke of a big red flag. Is this actually on your website? Is it visible to anybody that goes to your site?

 

[dscurlock]

I'm not familiar with what has happened with you. Maybe you can explain a bit. You spoke of a big red flag. Is this actually on your website? Is it visible to anybody that goes to your site?

It is a microsoft warning telling people not to proceed because they think there is some type of malware on the site. If you ever run across a site suspected to have malware, then you would know. Your screen pretty much turns red; its a warning telling traffic not to proceed, or proceed at your own risk...Its like me tell you that your food is posion when it really is not...so microsft is telling my traffic that my site maybe posion when its not, there is nothing that i put on my site that would cause harm to anyone.

 

[TheGeekess]

It is a microsoft warning telling people not to proceed because they think there is some type of malware on the site. If you ever run across a site suspected to have malware, then you would know. Your screen pretty much turns red; its a warning telling traffic not to proceed, or proceed at your own risk...Its like me tell you that your food is posion when it really is not...so microsft is telling my traffic that my site maybe posion when its not, there is nothing that i put on my site that would cause harm to anyone.

Is it possible that the server your website is hosted on is infected? It could also be the links in the ads that you have on your website. But as a rule, Microsoft is not in the business of policing websites, though the newer IE browser may block access to sites with suspected malware.

You can sue Microsoft, but remember that they can afford better and more attorneys than you can.

 

[justalayman]

would it be the same thing i see when I click on a link when I have google searched something and I get a warning the site might contain malware?

If so, it is not something "on your site". That was my first thought and MS would not have the right to alter your actual site. If it is what I am speaking of, it is no different than any other malware protection program.

To determine if there is any defamation, you would have to determine how the possibility of malware was determined and if the consumer asked to be warned of sites MS has determined may have malware present.

That fact it is in inherent service within Windows, the user, by installing the OS, accepting the terms, and setting or allowing any security settings to be so the warning is activated, has given permission to be given that warning.

It could be seen as defamation or possibly a few other torts but you have to get beyond the fact they are provided a service the computer operator asked for. Then you have to determine how they determined your site contained malware. If it was not by some objective and dependable means, again, their action could be seen as interfering with your business.

 

[dscurlock]

"their action could be seen as interfering with your business"

that is how i see it.

I have no problems them showing this false disclaimer to other people to warn them, if it were true...but i do not feel that it is true, because when I go onto other sites, i sure want to be warned, but is their warning accurate information, or did they just scare traffic off?

I would think any common server has modern anti-virus / malware
protection, but I do have a request to make sure.

I have never had a red flag warning in my life, on any website
that I have ever owned.

This site is fairly new, it has been up for at least a month with no issues...what is on the site is very limited to index pages, shopping cart, support helpdesk...thats about it, faily simple site...

I have responded to microsofts "This site is clean option" I will see if they take action to remove this; If not then we are going to have problems, as anyone using IE will not want to enter my site, and may even pass the site off as bad to other parties, this is not good, this is not how i wanted to start my business....

Figuring out the how too maybe a problem, I think there are roughly 20k files on my site, so unless my hosting provider can shed
more light on what they are seeing then I am not sure how to determine how they come to their conclusion. I do not download/upload
questionable material to my sites. If there is infact malware on my site then it would have been done by a hacker/injection/other.

 

[dscurlock]

This is the text I see:

We recommend that you do not continue to this website.

This website has been reported to Microsoft for containing threats to your computer that might reveal personal or financial information.

This website has been reported to contain the following threats:

Malicious software threat: This site contains links to viruses or other software programs that can reveal personal information stored or typed on your computer to malicious persons

How do you report a website?

 

[justalayman]

How do you report a website?

I don't have a clue. Wasn't aware you could.

 

[QueenofEngland]

If you have no idea how this happened, then I suggest you invest in a website developer who knows what he or she is doing. I'm presuming you have your site hosted. Your host's servers are only as secure as they make them, and nothing is 100% immune from hackers. Nothing. You may not have put any malware on you site, but this doesn't mean a hacker didn't get in and plant something. Report the Microsoft warning to your host. Your host will take over from there checking the server and removing any malware that is there.

Before becoming a small business owner, I was an internet security expert. Most visitors to websites with those warnings just presume that a site was hacked instead of thinking the owner of the site is a creep. Don't worry about this overly much. Things will be fine.

 

[dscurlock]

If you have no idea how this happened, then I suggest you invest in a website developer who knows what he or she is doing. I'm presuming you have your site hosted. Your host's servers are only as secure as they make them, and nothing is 100% immune from hackers. Nothing. You may not have put any malware on you site, but this doesn't mean a hacker didn't get in and plant something. Report the Microsoft warning to your host. Your host will take over from there checking the server and removing any malware that is there.

Before becoming a small business owner, I was an internet security expert. Most visitors to websites with those warnings just presume that a site was hacked instead of thinking the owner of the site is a creep. Don't worry about this overly much. Things will be fine.

well the site has been completed and online for a month, and the coder has not had access as the coder is cut off when the
project is completed. So the website has been running fine for at least a month, then 2 days ago this microsoft bulls started....

I do find it hard to believe that any hacker would be intested in my brand new website; I just do not see
the appeal that it would have, and how they would even know about it so quickly...

Norton shows a green light for the site.

I also ran an external malware scan; nothing found.

I still have not heard back from my host; It does not seem that
he is all that interested in help me out here....

At least if I could see something wrong, then of course I could
remove or fix the problem, but not seeing anything wrong; I just
am not sure what to do at this point....

 

[dscurlock]

OMG guys...

I just realized moments ago that I have a dispute open with AJ Help Desk, and as a few min ago, they had active FTP access to my support directory.

Anyone think this is just a coincidence?

http://forums.digitalpoint.com/showthread.php?t=2173231

You can read the full dispute story on the above link.

DO NOT BUY FROM AJ HELP DESK / AJ SQUARE

Before two days ago, my site was good, and they did have ftp access during this entire time. I am just floored that they would
do such a thing, and they are the only company that had active FTP access. Do you really think because of a $500 dispute that they would do this?

 

[justalayman]

Before two days ago, my site was good, and they did have ftp access during this entire time. I am just floored that they would
do such a thing, and they are the only company that had active FTP access. Do you really think because of a $500 dispute that they would do this?

while the coincidence does give some reason to suspect those people, you are in denial if you believe they are the only people that could have done this. If you could prevent all access to your computers, we wouldn't have to worry about hackers. The truth is; there are very few systems that can't be hacked. As to why you? No idea but just the same; why me? Why would somebody install a virus on my computer. The fact that so many hackers don't do it for the money but simply to be a pain in the ass means you cannot ever use logic to determine; why you.

 

[dscurlock]

while the coincidence does give some reason to suspect those people, you are in denial if you believe they are the only people that could have done this. If you could prevent all access to your computers, we wouldn't have to worry about hackers. The truth is; there are very few systems that can't be hacked. As to why you? No idea but just the same; why me? Why would somebody install a virus on my computer. The fact that so many hackers don't do it for the money but simply to be a pain in the ass means you cannot ever use logic to determine; why you.

Since this is pretty much a new website.

and
with them having had open ftp access to the directory....
I would have to be a complete dumbass to think they did not do this as a result of the dispute....

I would be in denial if i thought a hacker did this, and that someone that I was in dispute with that
had ftp access did not...that would be denial...so until i find more proof that I was hacked...
I pretty go in the direction of the way the signs are pointing....

Even though you do not think I am doing anything. I am trying to find out what is going on...

1: Company uploaded something using ftp access.
2: Microsoft making false claims?
3: hacker?

Another reason that I do not think this is a hacker is because hackers want you to know they have been
there, hacking my site to upload something that would cause a red-flag with microsoft? are you kidding?
So why would he give credit to anyone other themself or group...? hacked sites normally show hacked signs...
"You have been hacked by..." I do not see any proof that this is a hacker, and I do not feel it is a hacker....

 

[justalayman]

=dscurlock;2814877]I think you are in denial, or you are not reading my posts.

This is a brand new-never before released website.

you said it was up and running, remember?

This site is fairly new, it has been up for at least a month with no issues.

the instant you allow public access, you are susceptible to hacking. Is it going to happen in a minute? Likely not. Is it going to happen in a month? Very possible.

what do you really believe? that some hacker managed to find his way to some brand new, unknown website, or that a company with easy/open ftp may have introduced something onto the server, or microsoft is just showing a false red flag, as scan has showed nothing..

..wht I believe is irrelevant. It is what the facts prove. So, what facts do you have to prove anything? Oh, that's right. NONE.

I am not in denial, im not a drunk...I am open to any ideas that

No your aren't. If you were, you would not have posted this response to what I posted. This response proves that the only thing you will consider is that AJ whatever caused you problems. Now, all you have to do is prove it. Have fun.

, and i try to post the best evidence that I have at hand....

which, to date, amounts to none. You have suspicion and conjecture. You do not have any evidence.

 

[dscurlock]

sure what we believe and prove are two different things.

Thats right, i have not proved anything...

and your very first conjecture was "youve been hacked"

Right now, at this point, i find it more likely that a pissed off
company with FTP access did this, then a hacker....

It would not be to hard to prove or disprove AJ did this or not.
They only had access to one directory, so logs should be able
to show if anyone other then my own IP having direct connection
over the last 2-3 days, if they had, then it was them, if not,
then of course I can rule them out...I am ok with that...

I just have to do more research now....