Re: Netgate.net.nz/ORBS spam colusion

[owen () dixon delong sj ca us (Owen DeLong)]

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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