[11726] in Commercialization & Privatization of the Internet
Green Card Ad file (long!)
daemon@ATHENA.MIT.EDU (DAN L. BURK)
Fri Apr 15 19:09:55 1994
Date: 15 Apr 94 08:12:00 EST
From: "DAN L. BURK" <DBURK@gmuvax.gmu.edu>
To: "com-priv" <com-priv@psi.com>
>From: GMUVAX::WINS%"cyberia-l@birds.wm.edu" 15-APR-1994 00:26:58.06
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Subj: trouble for indirect.com (misuse of the internet) (long!)
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Date: Thu, 14 Apr 1994 21:54:22 -0400
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>From: "George D. Wood" <gwood@indirect.com>
To: dburk@gmuvax.gmu.edu
Subject: trouble for indirect.com (misuse of the internet) (long!)
X-Listserver-Version: 6.0 -- UNIX ListServer by Anastasios Kotsikonas
Imagine that someone sent advertisments to all (5000+) usenet newsgroups,
resulting in each newsgroup forwarding the message to all subscribers,
flooding usenet and the internet with millions of copies of their
adverisment, and causing many systems to shut down, with the consequence
that a lot of mail was lost or significantly delayed, and a lot of time was
spent repariring the damage.
You may already know that this is not merely a hypothetical. A phoenix
lawyer is alleged to have done this, from the commercial internet provider
service I subscribe to, Internet Direct (indirect.com).
Pardon me if I hedge my language. I include some items I've received from
the net; draw your own conclusions.
Indirect has disabled the account, and the lawyer has allegedly threatened
to sue them for 250,000 if they block any of the lawyer's mail. This
may well exceed the net worth of Internet Direct several times over; they
are a relatively small, but very nice, organization.
Ouch. I feel like 'justice demands' something in this case, but all I
can think of would be a class action suit by users for consequential
damages, etc., but this is likeky to be a hard suit to win (forseeability?).
I have also recieved a message indicating that this lawyer did the
same thing earlier on another internet provider, which terminated his
account. Might this vitiate the forseeability defense?
I am enclosing the adverisment, the responses indirect has posted on
their gopher server (gopher.indirect.com), the indirect.com user
agreement, and my correspondence with a.e.mossberg <aem@Symbiosis.AHP.Com>
about the earlier event.
George (gwood@indirect.com)
Note that I am merely a user of the indirect.com service, and have no
financial interest or fiduciary responsibility in or to them. Nor am I a
lawyer, though I have taught and done computer research in law schools. I
am a 'mentor'(user support volunteer), and I like the folks at Internet
Direct. I have found them to be brave, cheerful, honest, trustworthy, etc.
-------------------------- the advertsiment ----------------------
(As posted in comp.protocols.nfs and alegedly thousands of other newsgroups)
(included in msg a.e.mossberg to Mike March -- see correspondence below)
(note that march was NOT the 'you' who wrote the ad, but the rp at indirect)
----- Forwarded message begins here -----
>From: a.e.mossberg <aem@symbiosis.ahp.com>
Tue, 12 Apr 1994 14:04:47 -0400
To: nike@indirect.com, march@indirect.com
Newsgroups: comp.protocols.nfs,mit.help.tex
Subject: Re: Green Card Lottery- Final One?
In comp.protocols.nfs you write:
>Green Card Lottery 1994 May Be The Last One!
>THE DEADLINE HAS BEEN ANNOUNCED.
>The Green Card Lottery is a completely legal program giving away a
>certain annual allotment of Green Cards to persons born in certain
>countries. The lottery program was scheduled to continue on a
>permanent basis. However, recently, Senator Alan J Simpson
>introduced a bill into the U. S. Congress which could end any future
>lotteries. THE 1994 LOTTERY IS SCHEDULED TO TAKE PLACE
>SOON, BUT IT MAY BE THE VERY LAST ONE.
>PERSONS BORN IN MOST COUNTRIES QUALIFY, MANY FOR
>FIRST TIME.
>The only countries NOT qualifying are: Mexico; India; P.R. China;
>Taiwan, Philippines, North Korea, Canada, United Kingdom (except
>Northern Ireland), Jamaica, Domican Republic, El Salvador and
>Vietnam.
>Lottery registration will take place soon. 55,000 Green Cards will be
>given to those who register correctly. NO JOB IS REQUIRED.
>THERE IS A STRICT JUNE DEADLINE. THE TIME TO START IS
>NOW!!
>For FREE information via Email, send request to
>cslaw@indirect.com
>--
>*****************************************************************
>Canter & Siegel, Immigration Attorneys
>3333 E Camelback Road, Ste 250, Phoenix AZ 85018 USA
>cslaw@indirect.com telephone (602)661-3911 Fax (602) 451-7617
This does not belong in comp.protocols.nfs, nor on USENET, nor via
NSFnet.
aem
--
Andrew Mossberg Network Administrator Symbiosis Corporation, Miami FL
(305) 597-4110 fax 597-4002, MD5OfPublicKey: 15784D117CC103912AEC427A3A99BA83
------ Forwarded message ends here ------
-------------------------- internet direct statements ---------------------
* N O T I C E *
!!!!!!!!!!!!! Please Read !!!!!!!!!!!!!!
***************************************************************************
Since last night our systems have been operating under extreme stress,
averaging workloads and processes five times greater than our previous
peak usage. We expect this to continue for at least the next 24 hours.
Disruption of the systems can cause slowing of the system, inability to
telnet or ftp out of this system, delays in sending or receiving mail, and
possible stopping of certain processes.
This was caused when one of our users posted an article to every USENET
News group possible. This has disrupted News distribution worldwide and
has caused our systems to be flooded with thousands of e-mail messages
from around the world totaling over 100 Megabytes of mail to our system.
This mail continues to flood in, as do the phone calls.
If you wish to see what initiated the disruption to our system, you can
look in just about any newsgroup for the post that has aroused
strong feelings in thousands of people.
We apologize for the inconvenience this has caused our users, as well as
users around the world. If you have strong feelings about this issue, we
urge you to contact the individuals responsible for this posting:
Canter and Siegel, Immigration Attorneys
PHONE: 602 - 661 - 3911
ADDRESS: 3333 E. Camelback Rd., Ste 250
Phoenix, Arizona USA 85018
----
INTERNET DIRECT RESPONSE TO THIS INCIDENT
We have disabled the accounts responsible for causing these problems, and
are currently spooling and zipping all mail to these accounts so they
don't corrupt and destroy any user e-mail.
We have also ordered upgraded equipment to attempt to handle any further
problems that may arise.
We are compiling a FAQ which we shall distribute to all users and make
available for world view on net etiquette and posting to USENET NEWS. We
have always had some material related to responsible use of the Internet,
and will be adding more.
We wish to apologize for this irresponsible use of the system. We will be
working to create a way to stop this type of abusive posting, and would
welcome any recommendations.
We expect that this will not happen again, and we are rewriting our user
contracts so as to make users liable for this type of action.
Unfortunately, this incident was caused by a law firm, Canter & Siegel,
who believe they have found a loophole in the contract which allows them to
post in a manner we feel to be irresponsible. In fact, this law firm has
threatened to sue us for $250,000 if we try to block their mail in any way.
BTW - The loophole they think they have found is that they never signed the
user agreement and say we have an "implied contract" with them.... We
mailed an agreement to them, but they never returned it.
----
* N O T I C E *
!!!!!!!!!!!!! Please Read !!!!!!!!!!!!!!
***************************************************************************
Recently, one of our users posted an Advertisement to the almost 5,000
newsgroups available from our site. If you read USENET News, you have
probably seen it at least once.
We do not condone this. In fact, this expressly violates our user agreement.
The users responsible for this action have been disabled on our system. Now,
the law firm of Canter & Siegel has threatened to sue us for $250,000.00
We apologize for the inconvenience and cost incurred upon USENET News
subscribers and sites around the world by these two users.
If you have strong feelings about this issue, feel free to contact the
individuals responsible for this posting directly:
Canter and Siegel, Immigration Attorneys
PHONE: (602) 661-3911
FAX: (602) 451-9717
ADDRESS: 3333 E. Camelback Rd., Ste 250
Phoenix, Arizona USA 85018
For a more comprehensive statement concerning this incident, please
check the first couple of entries in our gopher server (gopher.indirect.com).
------------------- the internet direct user agreement --------------------
Internet Direct, Inc. Service Agreement
INTERNET DIRECT, INC. agrees to provide and User agrees to receive access
to the INTERNET DIRECT, INC. Internet telnet or dial-up service according
to the following terms and conditions:
1. All provisions of Internet Direct's Service Agreement
("Agreement") apply to the User's Principal Account and Associate
Accounts billed to the Principal Account.
2. The benefits of or rights conferred by this agreement are
non-transferable. Use of INTERNET DIRECT, INC. accounts is expressly
limited to the individual or business whose name appears on the account
and dependents of the account holder living at the same address.
3. User agrees to use the service in manner consistent with any and
all applicable laws.
4. User agrees to follow the Acceptable Use Policy of any network user
connects to, including INTERNET DIRECT, INC.'s system.
5. If User is less than 18 years of age, Agreement must be signed by a
parent or legal guardian, who is responsible for all charges related to
use of User's account(s).
6. Use of INTERNET DIRECT, INC. for advertising or promotion of a
commercial product or service without the express, written consent of
INTERNET DIRECT, INC. is prohibited.
7. User is responsible for all use of User's account(s) and
confidentiality of password(s). INTERNET DIRECT, INC. will suspend access
or change access to User's account(s) immediately upon notification by
User that his/her password has been lost, stolen or otherwise compromised.
8. User is responsible for all local or long-distance telephone
charges for connecting to INTERNET DIRECT, INC..
9. User agrees to pay INTERNET DIRECT, INC. all charges relating to
the use of User's account(s) according to rates and prices published
online at the time the service is used. Online rates and prices are
incorporated into this agreement by reference. User is also responsible
for monthly storage charges as described online.
10. Access is subject to credit limits established by the issuer of
User's credit card and by INTERNET DIRECT, INC.. A credit limit is applied
to all accounts. User's access to service may be suspended if User
exceeds his/her credit limit unless prior arrangements have been made.
11. User is responsible for charges at the time the service is used and
INTERNET DIRECT, INC. may apply the amount due to User's credit card at
any time.
12. INTERNET DIRECT, INC. reserves the right to change prices on 30
days notice published Online.
13. INTERNET DIRECT, INC. reserves the right to suspend access to
service for User's account(s) upon an indication of credit problems
including delinquent payments or rejection of any credit card charges.
14. THE INTERNET DIRECT, INC. SERVICE IS PROVIDED ON AN "AS IS, AS
AVAILABLE" BASIS. NO WARRANTEES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
ARE MADE WITH RESPECT TO INTERNET DIRECT, INC. OR ANY INFORMATION OR
SOFTWARE THEREIN. THIS NO WARRANTY EXPRESSLY INCLUDES ANY REIMBURSEMENT
FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY INTERNET DIRECT, INC.
OR ITS PROVIDERS.
15. Neither INTERNET DIRECT, INC. nor its Information Providers are
responsible for any damages arising from User's use of INTERNET DIRECT,
INC. or by User's inability to use INTERNET DIRECT, INC. service.
16. INTERNET DIRECT, INC. reserves to right to change without notice
the INTERNET DIRECT, INC. service, including, but not limited to, access
procedures, hours of operation, menu structures, commands, documentation,
vendors and services offered.
17. INTERNET DIRECT, INC. is not responsible for User's personal files
residing on INTERNET DIRECT, INC.. User is responsible for independent
backup of data stored on INTERNET DIRECT, INC..
18. INTERNET DIRECT, INC. reserves the right to delete User's personal
files after one or both parties terminates agreement.
19. INTERNET DIRECT, INC. reserves the right in its sole discretion to
delete any information entered into INTERNET DIRECT, INC. by User.
INTERNET DIRECT, INC. and its authorized representatives shall have the
right, but shall not be obligated, to edit publicly viewable information.
20. USER HEREBY AGREES THAT ANY MATERIAL SUBMITTED FOR PUBLICATION ON
INTERNET DIRECT, INC. THROUGH USER'S ACCOUNT(S) DOES NOT VIOLATE OR
INFRINGE ANY COPYRIGHT, TRADEMARK, PATENT, STATUTORY, COMMON LAW OR
PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING OBSCENE OR LIBELOUS.
21. INTERNET DIRECT, INC., at its sole business judgment, may terminate
this membership Agreement immediately or suspend User's access to the
service upon any breach of this membership Agreement by User, including,
but not limited to, refusal or failure to pay for services provided or by
sole judgment of INTERNET DIRECT, INC. that User may be performing
activities harmful to INTERNET DIRECT, INC. or its Users, employees,
vendors, business relationships or any other users of the Internet.
22. Due to the public nature of the Internet, all e-mail is considered
publicly accessible and important information should be treated carefully.
INTERNET DIRECT, INC. is not liable for protection or privacy of
electronic mail and information transferred through the Internet.
23. INTERNET DIRECT, INC. reserves the right to terminate access to
service for any User account which has been inactive for 6 months.
24. Use of distribution list in electronic mail or other mass
electronic mailings is subject to approval by INTERNET DIRECT, INC..
25. This Agreement shall be governed by the laws of the State of
Arizona.
26. INTERNET DIRECT, INC. may modify these terms and conditions upon
notice published Online via INTERNET DIRECT, INC.. User's use of INTERNET
DIRECT, INC. services after such notice shall constitute User's acceptance
of the modifications to this Agreement.
27. Non-enforcement of any section of this Agreement does not
constitute consent and INTERNET DIRECT, INC. reserves the right to enforce
this Agreement at its sole discretion.
28. If any one or more paragraphs in this Agreement is found to be
unenforceable or invalid, User's and INTERNET DIRECT, INC.'s agreement on
all other paragraphs shall remain valid.
(signature area deleted)
------------------ end of internet direct enclosures ------------
Mossberg's first reply to message indicating that indirect had disabled
the offending account and was taking other steps:
(elipses indicate deletions)
----- Forwarded message begins here -----
>From: a.e.mossberg <aem@Symbiosis.AHP.Com>
Wed, 13 Apr 1994 09:38:45 -0500 (EDT)
To: gwood@indirect.com
Subject: Re: Green Card Lottery- Final One?
..
Thank you for your quick response. Mr. Canter has serious problems. As
you are connected to Internet and some amount of your traffic flows over
NSFnet, I'm sure that your user agreement references the NSF Acceptable
Use Policy which Mr. Canter violated. One route you may wish to follow
is that in many states (perhaps including Arizona) such advertising is
illegal, and the State Bars would no doubt be interested in talking to
Mr. Canter et al.
..
He did the same procedure less than 3 months ago via another service
provider, which also terminated his contract.
regards and thanks
aem
--
Andrew Mossberg Network Administrator Symbiosis Corporation, Miami FL
(305) 597-4110 fax 597-4002, MD5OfPublicKey: 15784D117CC103912AEC427A3A99BA83
------ Forwarded message ends here ------
Mossberg's second reply:
----- Forwarded message begins here -----
..
You may want to attack on another front: they intentionally and
knowingly (because of the previous incident) caused harm to your systems
and company's reputation.
aem
------ Forwarded message ends here ------
------------------------------------------------------------------------
| George D. Wood, Ph.D. Consultant, Bon Vivant ;^} |
| Proprietor, SoftWood Associates: gwood@indirect.com |
| 2245 East Yale Street, Phoenix, Az 85006 fax:(602)244-1347(ringback)|
------------------------------------------------------------------------
