North American Network Operators Group Date Prev | Date Next | Date Index | Thread Index | Author Index | Historical Re: luser of the day award!
>Anyone else get mail from this idiot? Not so far. He's welcome to THREATEN us. I'm wondering whether ANYONE has ever filed a LAWSUIT with regards to the RBL. Ehud "has anyone seen my CAPS LOCK KEY" Gavron >Alan Bechtold ([email protected]) @ 11/18/1998 12:48 - Original Problem Detail: >Dear sir or madam -- >=20 >It has come to my attention that your company utilizes the MAPS = >BLACKHOLE list to block purported SPAMMERS from sending E-mail to your = >system. While the idea might sound good I am writing to inform you that = >you will be named in a Federal Lawsuit if you do not CEASE AND DESIST = >use of this list IMMEDIATELY. >=20 >Here is why: >=20 >My company, BBS PRESS SERVICE, INC., designs and hosts Web sites. That's = >all we do. We don't sell access to the Internet. We don't sell E-mail = >accounts. Besides some E-mail accounts for our employees to use when = >contacting our customers, and one E-mail account we use to send out a = >weekly newsletter to our customers, we don't generally handle any E-mail = >at all. >=20 >I am anti-SPAM. I advise all of my 5,000+ clients against the use of = >SPAM. Still, two have used it to promote sites we host for them. >=20 >Naturally, this resulted in our receiving the usual barrage of E-mails = >DEMANDING that we remove the Web sites of the offending parties. Our = >attorneys have advised us that it is NOT in our best interest to do so. = >Removing the Web site of anyone for something they did OUTSIDE of our = >system, even if it was indeed PROMOTING a site hosted on our system, = >would in fact expose my company to possible lawsuit from the SPAMMER! >=20 >I understand many Web site design and hosting services stipulate in = >their contracts that they reserve the right to pull any site if evidence = >of SPAMMING is seen -- but my attorneys have also advised me that this = >is completely unenforceable in court and wouldn't stand up to a court = >challenge. >=20 >I don't know about you but I am totally opposed to being REQUIRED to = >take action against anyone for anything they've done outside of my = >control. Do we also want to become liable for pulling Web sites held by = >anyone who is convicted of a crime...any crime? Wouldn't this lead to = >the requirement of background checks, to make sure a Web site customer = >has never indeed beenconvicted of a crime? >=20 >The ramifications are tremendous. >=20 >Anyway -- I write to anyone complaining about SPAM from a client of mine = >(and they do track down the Web site host even if we didn't originate = >the SPAM) and inform them of my position. >=20 >One person apparently forwarded my reply to MAPS. Even though my reply = >states CLEARLY that I am OPPOSED to SPAM, the kind folks at MAPS decided = >to add my company's IP to the list anyway. The problem is -- they won't = >TALK about resolving the problem. Their "volunteer" hung up on me when I = >called, after first being outright surly and rude with me. I tried = >E-mailing Paul Vix to tell him to remove my company's IP from his list = >but -- guess what -- my E-mail got REJECTED by his system because he = >uses the list! I finally got a message through by going through another = >provider. Meanwhile Paul Vix has not returned my urgent calls and hasn't = >been available on the phone when I do call. >=20 >This is causing my company irreparable harm. MAPS' whole attitude and = >the way they create their so-called LIST is, because of my case alone, = >entirely questionable. And he has left me little choice but to file suit = >against Paul, MAPS and anyone associated with the LIST or using it in = >their products or on their services. >=20 >This is where you come in. I am writing to tell you right now -- cease = >and desist from using the MAPS BLACKHOLE list on your service = >IMMEDIATELY. I will be including anyone and everyone still using the = >MAPS list in my lawsuit against MAPS. Period. >=20 >You might also want to contact Paul Vixie and let him know the legal = >jeopardy his methods have placed you in. By comparison, the SPAMMERS are = >starting to look like the "good guys." I know they're not and you know = >they're not but MAPS must end here and now. >=20 >I would appreciate your comments and cooperation. >=20 >[Mime entry text/html removed]
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