[26587] in North American Network Operators' Group
Re: Netgate.net.nz/ORBS spam colusion
daemon@ATHENA.MIT.EDU (Owen DeLong)
Sat Jan 8 11:17:41 2000
Date: Sat, 8 Jan 2000 08:14:30 -0800
From: owen@dixon.delong.sj.ca.us (Owen DeLong)
Message-Id: <200001081614.IAA05255@irkutsk.delong.sj.ca.us>
To: wsimpson@greendragon.com, william@dso.net
Cc: nanog@merit.edu
Errors-To: owner-nanog-outgoing@merit.edu
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
stating that:
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.
Owen
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> 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 <william@dso.net>
> 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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