With legal nod, Microsoft ambushes Waledac botnet

From CNET News.com: Microsoft is intent on eliminating the Waledac botnet and is using the legal system to help.

Tim Cranton, Microsoft's associate general counsel, wrote Thursday on the company's blog that Microsoft has been shutting down Waledac by working with technology partners and taking legal action.

In response to a complaint filed by Microsoft, a federal judge issued on Monday a temporary restraining order to shut down 227 Internet domains believed to be run by cybercriminals spreading the Waledac spambot.

This week's legal takedown of Waledac, known internally at Microsoft as "Operation b49," came after months of investigation, wrote Cranton. Once the company had gathered its evidence, the challenge was how to find a legal means to allow Microsoft to block the suspected domains from their botnets and stop them from further infecting and controlling their victims.

To achieve this, Microsoft looked at a legal principle called "ex parte TRO." Ex parte means without notifying the other side, and TRO stands for temporary restraining order. The ex parte aspect was crucial because severing the link between the criminals and their bots had to be done without their knowledge. Further, Microsoft needed to convince the court that such legal action was warranted. Richard Boscovich, senior attorney at Microsoft's digital crimes unit, played a role in forming the complaint.

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