WICHITA, Kan. (AP) — Koch Industries Inc. has filed a federal lawsuit in Utah seeking the identities of the people behind a media hoax that claimed the company was shifting its financial commitments for climate change research and advocacy to more environmentally friendly groups.
The lawsuit by the Wichita-based firm stems from a bogus website and fake news release issued last month that falsely announced the company was discontinuing its funding for organizations such as Americans for Prosperity and others whose positions on climate change no longer matched those of the company's leadership.
The hoax included a website with a similar web address and homepage of Koch Industries' official site. The companies that registered and hosted the website are located in Utah.
Koch Industries, one of the nation's largest privately held companies, has been targeted by environmental groups for its financial support of groups questioning climate change science.
Last year, Greenpeace issued a scathing report contending Koch Industries was "secretly funding the climate denial machine" that detailed its financial contributions to conservative groups. Koch responded at the time that the Greenpeace report distorted its environmental record. Greenpeace has denied any involvement in last month's faked news release or website.
Koch Industries said in a statement Wednesday that it was a firm believer in the First Amendment and the right to free speech, but this case was about theft.
"This lawsuit was filed in response to a willful act of identity theft, theft of intellectual property, and impersonation that extends beyond the boundaries of free speech," the statement said. "It was a publicity and fund-raising stunt perpetrated with the intent to deceive and confuse the public, and disrupt and harm Koch Industries' business and reputation."
The lawsuit against the unknown defendants, referred to as John Does 1-25 in court documents, was filed last week in U.S. District Court in Salt Lake City.
On Monday, U.S. District Judge Dale Kimball granted Koch Industries' request for accelerated discovery from subpoenas it issued to FastDomain Inc. and Bluehost Inc., both based out of the same office in Provo, Utah. The companies are owned by parent company Endurance International Group Inc.
Dan Ashworth, a vice president and one of founders of Bluehost, told The Associated Press in a phone interview Wednesday that his company hosts more than 2 percent of the Internet traffic and has more than 2 million domains. He said the firm deals with this type of thing on a very regular basis, and its policy is to fully comply when served with a legitimate subpoena. He said the information Koch sought has already been delivered.
"We are not in the business of harboring, you know, felons and crooks. We are not about that. This isn't WikiLeaks," Ashworth said. "We comply with the law here."
The bogus Koch Industries website was up for a few hours on Dec. 10 until the company got a takedown notice, he said.
Ashworth said that while the company has the IP computer address — a unique number which identifies a computer and its location on the Internet — it has no way of knowing without further investigation to whom it belongs. People who set up bogus websites typically use false names and contact information, he said. The company's validation process typically takes up to 36 hours.
In its lawsuit, Koch Industries contends the public was deceived because some news organizations published the false press release. Koch also alleges its business was harmed because it incurred costs responding to inquiries about the fake press release and other legal and investigative costs to take down the bogus website.
Koch's lawsuit accuses the unknown defendants of trademark infringement, violations of the Anticybersquatting Consumer Protection Act, unfair competition, computer fraud and abuse, among other allegations.
It seeks an injunction and actual damages, including statutory damages of $100,000 for infringing on its domain name.
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