| Harvard's
Lumen Database Hosts Fraudulent
DMCA Notices Against Crypto
Fraud Coverage & Its Own
Research Shows It Knows
by
Matthew Russell Lee, Patreon Book
Substack SDNY
COURTHOUSE,
July 3 â When convicted
cryptocurrency fraudsters want
to scrub news coverage of
their convictions from Google
search results, they
apparently turn to a
reputation management firm â
and to a Harvard University
database that provides the
institutional infrastructure
to make it work. Inner City
Press has been covering the
federal courts, including the
Southern District of New York,
for more than fifteen years.
In 2020 and 2021, we reported
from the SDNY courthouse on
the sentencing of Robert
Farkas, Sohrab Sharma, and
Raymond Trapani â convicted of
defrauding investors of more
than $25 million through the
Centra Tech cryptocurrency
fraud scheme before Judge
Lorna G. Schofield. Those articles
are original reporting. They
contain no Bloomberg content,
no Reuters content, and no
third-party copyrighted
material of any kind. They
quote a United States
Attorney's Office press
release, a government document
that carries no copyright.
Someone has been filing DMCA
takedown notices with Google
claiming that those articles
infringe Bloomberg News's
copyright. The filers
include apparent sock puppet
identities â Simon Wells (AU),
Jenny Koey (GB), Triah Phil
(AU), Martha Ben (GB) â filing
from or through net-legal.com,
a reputation management
operation. Google removed at
least one ICP article from
search results, demonetized
others through AdSense, and
flagged the content â all
based on copyright claims that
are, on their face,
impossible: the convicts in
the Centra Tech case hold no
rights in Bloomberg's coverage
of their own criminal
prosecutions. The technique is
specific and deliberate. After
Inner City Press successfully
appealed one takedown â Google
reviewed it, found it invalid,
and restored the article â the
campaign refiled using URL
variants with random
capitalized letters. The real
URL is
sdny30eschofieldfarkasicp0824021.html;
the new complaint targets sdNY30eSchofieldFarkasicp0824021.html.
Same article, two letters
capitalized. No response to
appeal - they are gaming the
system. Google's
automated system treats them
as separate complaints. The
appeal on the real URL does
not resolve the complaint on
the capitalized variant. The
suppression continues. Today, anyone who
searches "Inner City Press" on
Google News sees this message:
"In response to multiple
complaints we received under
the US Digital Millennium
Copyright Act, we have removed
3 results from this page" â
with links to Lumen Database
notices 89264074, 89264174,
and 89589211. Notices 89264074
and 89264174 are separated by
exactly 100 in the database
sequence, a strong indicator
of near-simultaneous batch
filing by the same actor. Every DMCA
takedown sent to Google is
automatically logged in the
Lumen Database â run out of
Harvard University's Berkman
Klein Center for Internet
& Society, which describes
itself as dedicated to
transparency about who files
these notices, why, and to
what effect. One earlier Lumen
notice in this campaign (No.
15710816) cites a court order
as the basis for the takedown.
No such court order exists in
United States v. Sharma et
al., 18-cr-340 (S.D.N.Y.). Harvard's
database hosts it without
annotation, without flagging,
and without any mechanism for
a targeted journalist to
review more than one notice
per day â while filers
apparently face no equivalent
rate limit. Inner City Press
wrote to the Lumen team.
Lumen's response was
procedurally careful: it is,
it explained, just a database.
It does not "allow" takedowns;
it only records them. It
cannot adjudicate competing
claims. It cannot flag abuse.
That answer would be more
credible if Lumen had not
already proven the opposite. In April
2022, a Berkman Klein Center
Research Fellow published
findings on Lumen's own Medium
account identifying almost
34,000 DMCA notices received
between 2019 and 2022 that
appeared to be "deliberate
fraudulent attempts to misuse
the DMCA notice-and-takedown
process" specifically
targeting "legitimate news
articles and related critical
information" for purposes of
"personal reputation
management." The methodology
used â searching the Lumen
database by domain patterns,
filer names, and notice
sequences â is exactly the
methodology needed to identify
the campaign against Inner
City Press. Lumen has the
tools. Lumen's own researchers
have used those tools for this
exact problem. Lumen told
Inner City Press it can do
nothing. Inner City Press
has written to Lumen asking
four direct questions: whether
it is aware of the
URL-capitalization technique
as a systematic abuse pattern;
whether net-legal.com or its
associated filer names have
appeared in other campaigns in
the database; whether it will
flag notices claiming the
backing of nonexistent court
orders; and whether it will
grant researcher account
access so that the full scope
of the campaign â including
the three notices currently
suppressing Inner City Press
content in Google News â can
be reviewed and reported. We
await their answers. The Managing Director of the Lumen project is Chris Bavitz, WilmerHale Clinical Professor of Law and Vice Dean for Experiential and Clinical Education at Harvard Law School, who also serves as Managing Director of the Cyberlaw Clinic. Inner City Press's initial outreach reached Professor Bavitz directly. He is, as of this writing, out of the office until July 7. WilmerHale â the law firm whose name Professor Bavitz carries in his academic title â is one of the most prominent corporate law firms in the United States, with a purported commitment to pro bono work (just not, it seems, when it comes to censorship, including by not only Big Tech but also the United Nations). Whether a WilmerHale-branded Harvard professor overseeing a database that hosts fraudulent censorship notices against independent journalism will respond substantively when he returns is, at this point, an open question. Inner City Press will report on whatever answer, or non-answer, comes back.
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