North American Network Operators Group

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Re: luser of the day award!

  • From: Henry Linneweh
  • Date: Wed Nov 18 22:08:48 1998

Well spamming is against the law in California last I read and
if you have an office here or branch you can counter sue and
have them criminally charged. Correct me if I am wrong.

Henry R. Linneweh


Ehud Gavron wrote:

> >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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