North American Network Operators Group

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Re: Warning to ISPs: 9netave

  • From: Patrick Greenwell
  • Date: Thu Sep 02 12:09:58 1999

On Thu, 2 Sep 1999, Peter Galbavy wrote:

> On Wed, Sep 01, 1999 at 07:52:32PM -0700, Patrick Greenwell wrote:
> > According to information provided to me, 9netave is in no uncertain terms
> > is refusing to take down the site without a court order.
> > 
> > Beware...
> 
> Why beware ? While this is probably off-topic, I would like to point
> out some of the more heartless realities of living in a litigious
> society, in particular like that of the US. If the service provider
> removed the site based on some complaints then they would be opening
> themselves up for claims of restricting trade, suppression of the
> rights of the customers etc.

For obvious fraud, which has been reported to them? I doubt it. 

> The provider is waiting for an external agency (the courts) to take
> the responsibility for saying that the site should be removed.

If I witness someone killing someone, do I need to wait for a court to
take responsibility and tell me what they were doing was illegal, and I
should have taken steps to help prevent it?

I'd love for you to explain how any reasonable person, after viewing the
ISP's site, and the site in question, could not see that
they(valuehelp.net) are attempting to run a scam. Let's see, they are:

1) Directly copying the logos, text, and webdesign of the original ISP.

2) Popping up a Javascript notice saying "You are entering a secure Value 
   Net server"

3) Asking for account information as well as credit card information.

4) Emailing Value Net customers, representing themselves as Value Net
   employees, and telling people to go to that site and re-enter their
   information.

Hello? How much more do you want? 

Courts are a last resort. They are not the first place you run to whenever
you have a problem. They are also very fond of using a "reasonable person"
litmus test in deciding if people/organizations could have reasonably been
expected to recognize that a crime was being committed.

It is sad to see such irresponsibility being defended.

But *that* is the world we live in.

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Patrick Greenwell                          
                 "This is our time. It will not come again."
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