DigitalOcean Inc. Faces Criminal Investigation for Hosting Website Impersonating CYBERPOL: A Violation of International Cybercrime Laws

DigitalOcean Inc. Faces Criminal Investigation for Hosting Website Impersonating CYBERPOL: A Violation of International Cybercrime Laws

New York, NY – January 4, 2025 – DigitalOcean, Inc., a well-known U.S.-based cloud infrastructure provider, is facing a criminal investigation for its role in hosting the website recomeback.com, which has been accused of unlawfully impersonating CYBERPOL, the International Cyber Policing Federal Agency. The investigation, initiated by CYBERPOL under the provisions of the Budapest Convention on Cybercrime, raises significant concerns about DigitalOcean’s compliance with international and national laws related to cybercrime, trademark infringement, and intellectual property protection.

The Budapest Convention on Cybercrime (CETS No. 185), to which both the European Union and the United States are signatories, obligates governments to take action against cybercrimes, including identity theft, online fraud, and the unauthorized use of logos and trademarks. The investigation into DigitalOcean follows claims that recomeback.com has violated multiple provisions of the Convention, particularly Article 6, which mandates the criminalization of illegal access to systems and identity theft. CYBERPOL has formally requested that DigitalOcean immediately suspend the website from its hosting services, citing violations of international law and intellectual property rights.

The Impersonation of CYBERPOL
CYBERPOL, a global initiative designed to combat cybercrime, has long been a leader in policing and coordinating international efforts against online criminal activities. The website recomeback.com has been implicated in fraudulent activities, including impersonating CYBERPOL and misleading users by falsely representing itself as an official entity associated with the organization.

According to legal experts, this fraudulent activity directly violates Article 6 of the Budapest Convention, which criminalizes unauthorized access to computer systems, identity theft, and the use of fraudulent identities. By using the CYBERPOL name and logo for illicit purposes, recomeback.com has violated both international law and the operational mandates of CYBERPOL.

The investigation into DigitalOcean, Inc. is being carried out under Article bis 2 of the CYBERPOL Mandate, which governs the activities of the agency. This provision holds web hosting companies accountable when their services are used to facilitate illegal activities, such as cybercrime and identity theft. The ongoing investigation has highlighted DigitalOcean’s role in facilitating the operations of recomeback.com, raising questions about the company’s due diligence in monitoring the content hosted on its platform.

The ongoing nature of this investigation underscores the growing concern about the responsibility of web hosting companies in preventing cybercrime. As a major cloud services provider, DigitalOcean is being scrutinized for failing to take timely and effective action to shut down the website in question.

Trademark Violation and Copyright Infringement
In addition to violating provisions of the Budapest Convention on Cybercrime, recomeback.com has been accused of infringing on the intellectual property rights of CYBERPOL. Specifically, the website has been found using CYBERPOL's trademarks, logos, and branding without authorization. This unauthorized use of trademarks violates both U.S. trademark law under the Lanham Act (15 U.S.C. § 1051 et seq.) and European Union trademark law, specifically EU Regulation 2017/1001, which protects the rights of trademark holders within the EU.

By hosting recomeback.com, DigitalOcean is being accused of facilitating the unlawful use of CYBERPOL’s intellectual property. The website’s unauthorized use of CYBERPOL's name and branding for fraudulent purposes constitutes a clear violation of trademark law. Additionally, the site’s activities may also be subject to copyright infringement claims under the Berne Convention for the Protection of Literary and Artistic Works, which protects the rights of creators, including the creators of digital content such as logos and branding materials.

Legal experts argue that DigitalOcean’s failure to remove recomeback.com from its platform has contributed to the continued infringement of CYBERPOL’s intellectual property rights. DigitalOcean, by continuing to host the website, is accused of enabling this illegal activity, which could have significant legal ramifications.

Implications of Non-Compliance with International Cybercrime Laws
CYBERPOL has warned DigitalOcean that failure to take immediate action to suspend recomeback.com could lead to severe legal consequences under both international law and national laws in the United States and the European Union. As part of the investigation, CYBERPOL has requested that DigitalOcean cooperate fully with law enforcement agencies in both regions to assist in the investigation of the cybercrime activities facilitated by the website.

The EU Cybercrime Directive (2013/40/EU) and the U.S. Computer Fraud and Abuse Act (18 U.S.C. § 1030) both criminalize actions related to online fraud, identity theft, and unauthorized access to computer systems. By hosting recomeback.com, DigitalOcean could be seen as complicit in facilitating these illegal activities.

In response to the violations, CYBERPOL has requested that DigitalOcean suspend the website immediately, provide full cooperation with law enforcement, and confirm the actions taken within seven (7) days from the date of the notice. If the company fails to comply with these demands, CYBERPOL has warned that it will escalate the matter to formal legal channels, including filing complaints with authorities in both the U.S. and EU. The possibility of invoking the Council of Europe’s Framework for Cyber Crime could lead to additional legal consequences for DigitalOcean, including financial penalties and reputational damage.

The potential repercussions for DigitalOcean are significant. As one of the leading cloud infrastructure providers, the company’s failure to comply with international cybercrime laws could damage its reputation and invite closer scrutiny from regulatory bodies. Additionally, legal action taken by CYBERPOL could result in hefty fines and the potential loss of clients who rely on the company’s platform for hosting their own digital services.

The Role of DigitalOcean in Cybercrime Prevention
The ongoing investigation into DigitalOcean’s role in hosting recomeback.com highlights the growing need for cloud hosting companies to take proactive measures to prevent cybercrime. With the increasing reliance on digital infrastructure and the growing threat of cybercrime, companies like DigitalOcean have a legal and ethical responsibility to monitor the content they host and take action against illegal activities.

DigitalOcean has not yet responded publicly to the investigation, but legal experts are closely watching the company’s next steps. The case could set a precedent for how cloud hosting providers are held accountable for the content they host and the role they play in preventing cybercrime.

The investigation also underscores the importance of international cooperation in combating cybercrime. The Budapest Convention on Cybercrime, which aims to harmonize laws and promote collaboration between law enforcement agencies around the world, has been instrumental in addressing cross-border cybercrime. However, as this case demonstrates, there are still challenges in ensuring that companies adhere to international treaties and comply with legal obligations.

Conclusion: A Growing Concern in Cybersecurity
The ongoing criminal investigation into DigitalOcean underscores the increasing importance of cybersecurity and the legal responsibilities of hosting companies in preventing cybercrime. As cybercriminals continue to exploit the digital landscape, companies like DigitalOcean are under greater scrutiny to ensure that their platforms are not being used for illicit purposes.

The case also highlights the need for stronger legal frameworks and more proactive action by companies in preventing online fraud and identity theft. With CYBERPOL taking a firm stance against the illegal impersonation of its brand and the use of its trademarks, this investigation serves as a reminder of the growing global effort to combat cybercrime.

As the investigation progresses, the outcome could have significant implications for DigitalOcean and the broader tech industry, raising important questions about the role of cloud hosting providers in the fight against cybercrime.

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CONTACT THE INTERNATIONAL CYBER POLICING FEDERAL APPROVED AGENCY BY ROYAL DECREE WL22/16.595