[191067] in North American Network Operators' Group
Re: Zayo Extortion
daemon@ATHENA.MIT.EDU (Jonathan Hall)
Tue Aug 16 19:11:46 2016
X-Original-To: nanog@nanog.org
From: Jonathan Hall <jhall@futuresouth.us>
In-Reply-To: <0278F1AC-B23A-41FE-8908-DA37F06750D8@isipp.com>
Date: Wed, 17 Aug 2016 01:11:09 +0200
To: Anne Mitchell <amitchell@isipp.com>
Cc: nanog@nanog.org
Errors-To: nanog-bounces@nanog.org
Excuse me for chiming in, here=E2=80=A6 But, if I=E2=80=99m not mistaken =
(don=E2=80=99t worry, I=E2=80=99m not) - this doesn=E2=80=99t count as =
=E2=80=98slander=E2=80=99 in any way, shape or form. This mail thread is =
not any kind of valid FCC controlled or public communications device, as =
the internet was actually excluded from the public communications device =
list under the Freedom of Speech Act in=E2=80=A6 Was it, 1996? Which =
means, =E2=80=98slander=E2=80=99 can=E2=80=99t be called in this case. =
You could argue that it can, but you=E2=80=99d lose in court in the long =
run.
If you=E2=80=99re aiming for the defamation card? That=E2=80=99s a very =
difficult one to prove. I=E2=80=99d counter the argument in a court room =
by asking the judge to prove the plaintiff is NOT an extortionist scum =
bag. It certainly works both ways. And either way, defamation requires =
some form of punitive damage be proven in order to actually win that =
case. Are you saying that the company he is referencing has some way to =
claim and directly correlate a loss of income or potential loss of =
income, either present and/or future, due to the comment made on a mail =
group? I=E2=80=99d love to see that quantification on paper...
None the less, regardless of what one accuses or says on the internet, =
the usage of the word =E2=80=98extortion=E2=80=99 is quite open for =
interpretation with regards to context, and making such a statement does =
not qualify for slander nor defamation. He could feel he=E2=80=99s being =
extorted, in which case exasperating his opinion publicly is no less =
legal than me telling you that I don=E2=80=99t really think you=E2=80=99re=
a good lawyer.=20
Good luck trying to play that card in a courtroom.=20
Short and simple: One could threaten to sue over it, and one could even =
try. Personally, I=E2=80=99d turn that court room in to a circus act if =
someone tried. I=E2=80=99d most likely get fined in contempt a few =
times, but at least even the judge will go home laughing. :)=20
J
> On 16 Aug 2016, at 16:45, Anne Mitchell <amitchell@isipp.com> wrote:
>=20
>=20
>>> to say "our accounting system does not track invoice details -- it =
only shows the total amount due so your numbers mean nothing to us."
>>> All the while they relentlessly levied disconnect threats with short =
timelines such as: "if you don't pay us $128,000 by this Friday,
>>> we will shut your operation down."
>> [...]
>>> At one point their lawyers and accounting people had the nerve to =
say "our accounting system does not track invoice details
>>=20
>> Are you talking with your SP's lawyers without your a legal team of
>> your own present and advising you?
>> I think one of the first things they should tell you is not to =
discuss
>> pending disputes in public. Time to get
>> a consultation with your own Lawyers to assist with billing dispute
>> resolution, ASAP.
>=20
> Not to mention that accusing someone of a crime (extortion), in public =
(in this context I would argue that this is public, especially as the =
term 'community' was used in the allegation) is a pretty serious thing.
>=20
> Anne P. Mitchell,=20
> Attorney at Law
> Legislative Consultant
> CEO/President,=20
> SuretyMail Email Reputation Certification and Inbox Delivery =
Assistance
> http://www.SuretyMail.com/
> http://www.SuretyMail.eu/
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> Available for consultations by special arrangement.
>=20
> Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal anti-spam =
law)
> Member, California Bar Cyberspace Law Committee
> Member, Colorado Cybersecurity Consortium
> Member, Asilomar Microcomputer Workshop Committee
> Ret. Professor of Law, Lincoln Law School of San Jose
> Ret. Chair, Asilomar Microcomputer Workshop
> amitchell@isipp.com | @AnnePMitchell
> Facebook/AnnePMitchell | LinkedIn/in/annemitchell
>=20
>=20
