Fwd: CDR: Ceast & Desist Immediately

[Frederic Madre]

>Date: Thu, 20 Apr 2000 19:32:59 -0500 (CDT)
>From: Jim Choate <ravage@ssz.com>
>To: orbs@orbs.org
>cc: sales@sendmail.com, info@sendmail.com, hell@einstein.ssz.com,
>         cypherpunks@einstein.ssz.com
>Subject: CDR: Ceast & Desist Immediately
>X-Mailing-List: cypherpunks@ssz.com
>X-Loop: ssz.com
>X-Language: English, Russian, German
>
>
>Hello,
>
>I recently found my domain (204.96.173.xx) placed in our list of Open
>Relays.
>
>You did not get permission to scan my system nor do you have any
>contractual power of attorney to test my security. Nor are your beliefs
>related to spam and spam control legaly binding on other parties who do
>not wish to comply. I do not. I further do not wish to participate in your
>project in any way, shape, manner, or form.
>
>In Texas we have a law which makes it illegal to ring a doorbell and then
>run away. In the 40's and 50's this was called 'nigger knocking' and was
>found to be a nuisance. The point of the law was to get the perp on record
>so that if caught again they could be charged with trespassing.
>
>Your testing my mail daemon without prior permission or notification at
>time of testing qualifies your act as equivalent to 'nigger knocking'
>because you did not get prior permission nor notified me at time of test
>to get permission.
>
>If you refer to sendmail.org you will find the theory (which I assume you
>agree with considering your actions) that spamming is bad. It is theft of
>service. Testing for spamming without proper notification is spamming and
>equivalent to the same theft of service.
>
>Now you're going to say that the machine is on a publicly accessible
>network. True, my house is connected to a public street. Does this give
>you the right to walk up and down the street going from house to house
>ringing doorbells without notifiying the occupants at the time? No, it
>does not.
>
>Now let's look at another aspect, the 'public service' aspect you'll bring
>up next. A security business provides a public service. Does this give
>them the right to go up and down the street rattling peoples doors and
>windows? No. It's called trespass and attempted burglary.
>
>You sent me a note advising me of your search of my mailserver and the
>results. This is prima facia evidence of both 'nigger knocking' and
>trespass. If my IP or domains show up in our database in the future this
>will be evidence that you ignored this request to cease and desist. If
>this occurs I will file charges localy for 'nigger knocking', trespass,
>attempted burglary, and theft of services.
>
>Please remove ANY reference to ssz.com, amendments.org, cpunks.org, or
>204.96.173.* immediately. Do not, without prior notification and agreement
>on my part, scan any machines in this IP range or domain names in the
>future.
>
>As to your statement on your webpage that this communications may be
>published at your discression may in fact open you up to further
>litigation unless you live in a 'one party' state. If the party you
>communicate with happens to live in a 'twoo party' state and you publish
>the proceeds this may also open you up to litigation. I'll leave that up
>to your legal department. I have no objection to your distributing this
>email.
>
>I don't support spam and think they are the scum of the earth. I however,
>do not see any difference in you and them. The road to hell is paved with
>good intentions. I will resolve my own resource issues with regard to my
>IP's and domain names.
>
>If you were really concerned with spam the you would be applying current
>product safety law to Sendmail, Inc, and it's ilk. We all agree that spam
>is bad and harmful yet nobody takes Sendmail to task over shipping a
>product which is unsafe out of the box (i.e. open relay turned on by
>default). This is equivalent to shipping a loaded gun through the mail.
>
>Have a nice day.
>
>     ____________________________________________________________________
>
>             The future is downloading. Can you hear the impact?
>
>                                         O[rphan] D[rift>]
>                                         Cyber Positive
>
>        The Armadillo Group       ,::////;::-.          James Choate
>        Austin, Tx               /:'///// ``::>/|/      ravage@ssz.com
>        www.ssz.com            .',  ||||    `/( e\      512-451-7087
>                            -====~~mm-'`-```-mm --'-
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