oreo at earthlink.net
Tue Aug 12 20:38:25 UTC 1997
Working for one of the largest ISP's in North America, we have received our
share of complaints regarding this message from the attorney on behalf of
Samsung. I have also contacted the attorney and was told that they did not
send the message and that they are investigating. All I know, is that this
message has caused alot of problems.
>Date: Tue, 12 Aug 1997 15:18:44 -0400
>From: dhudes at graphnet.com (Dana Hudes)
>Organization: Graphnet Inc.
>X-Mailer: Mozilla 4.01 [en] (Win95; U)
>To: khskllp at aol.com
>CC: nanog at merit.edu
>Sender: owner-nanog at merit.edu
>Spamming as normally practiced involves the theft of services
>through the use of one or more third party's mail servers to send
>the spam on behalf of the spammer. Should Graphnet, an
>FCC-licensed carrier, in reviewing its message logs from months
>of spamming which we have finally ended through technical means,
>find that your clients have directly or through the contracted
>services of a third-party bulk e-mail service used our systems
>without permission we will most assuredly seek heavy damages as
>permitted under laws of Interstate Commerce and also to ask the
>FCC to sanction Samsung and its subsidiaries.
>As any first-year law student knows, the First Amendment does not
>cover illegal acts. One cannot yell 'fire' in a crowded theater
>nor can one incite to riot. Use of one's own mail system to
>individually deliver unsolicited commercial messages to e-mail
>boxes is arguable; hijacking systems that don't belong to one, is
>theft of services. Impersonating the system you are stealing
>services from, over Interstate telephone lines (which as all know
>is what the Internet runs over) is wire fraud.
>Every criminal is entitled to counsel. That is the basis of the
>American system of Jurisprudence. Threatening the operators of
>the Internet is not a smart move, it just raises the profile of
>your client and ensures its bad name. You have, with your letter,
>lumped Samsung in with the sleaziest of pornographers. They
>should discharge you for incompetence.
>Manager, Internet Engineering
>p.s. Samsung is officially on my black-list as of this moment. As
>you can imagine, Graphnet buys lots and lots of electronic gear.
>No more Samsung for us.
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