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North American Network Operators Group

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Re: Netgate.net.nz/ORBS spam colusion

  • From: William Allen Simpson
  • Date: Fri Jan 07 23:11:53 2000

Dean Anderson wrote:
> 
> I would like to get your opinions on this.
> 
My opinion is that you should sue them vigorously -- and lose.  This 
would help the rest of us immensely by providing a solid precedent for 
common carrier liability regarding the activities of our subscribers. 

My technical evaluation is that you were discovered to be operating an 
open relay, you have been notified that you are operating an open relay, 
and have failed to secure your open relay.  Thus, through your own
deliberate action, the publication that you operate an open relay 
constitutes an invitation to use the open relay.  Your failure to 
enforce secure authorization practices is negligent, and you have 
failed to abate a public nuisance.

Whether your threat to encourage illegal penetration of another's system 
is criminal should be brought to the proper authorities for evaluation.

I'm sure that many of us would be happy to testify on behalf of Netgate.

WSimpson@UMich.edu
    Key fingerprint =  17 40 5E 67 15 6F 31 26  DD 0D B9 9B 6A 15 2C 32





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