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Re: Netgate.net.nz/ORBS spam colusion
- From: Owen DeLong
- Date: Sat Jan 08 11:19:08 2000
However, I must question whether the activity Dean discusses is actually
criminal. He does not accuse them of carrying out the attacks, he
accuses them of transporting information published by a third party
which notifies the world that his site is vulnerable to these attacks.
Since Dean has published information to NANOG and other public forums
1. His sites _ARE_ vulnerable.
2. He has no willingness to fix these vulnerabilities.
3. He intends to make the internet at large responsible
for his negligence WRT these sites.
I seriously doubt that publishing a list of known public-nuissances
is genuinely illegal. Further, unless Dean has presented netgate
with a court-order showing that the court has indeed found said
activity to be illegal, I think they would be negligent in turning
off said service.
How would you like it if your ISP shut you down because I
complained to them that you were sending out messages that
contained information that was publicly available, but which
I didn't want published? That's what Dean's really saying.
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA1
> On 08-Jan-2000 William Allen Simpson wrote:
> > 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.
> Every law I have seen limits common carrier liability exemption when the
> carrier has knowledge of the illegal activity. It is only protection when the
> carrier is not aware of the activity.
> - --
> William X. Walsh <email@example.com>
> DSo Networks http://dso.net/
> Fax: 877-860-5412 or +1-559-851-9192
> GPG/PGP Key at http://dso.net/wwalsh.gpg
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> Comment: DSo Networks
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