luser of the day award!

Wed Nov 18 18:04:34 UTC 1998

Anyone else get mail from this idiot?

Alan Bechtold (alanbechtold at sysop.com) @ 11/18/1998 12:48 - Original Problem Detail:

Dear sir or madam --
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It has come to my attention that your company utilizes the MAPS =
BLACKHOLE list to block purported SPAMMERS from sending E-mail to your =
system. While the idea might sound good I am writing to inform you that =
you will be named in a Federal Lawsuit if you do not CEASE AND DESIST =
use of this list IMMEDIATELY.
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Here is why:
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My company, BBS PRESS SERVICE, INC., designs and hosts Web sites. That's =
all we do. We don't sell access to the Internet. We don't sell E-mail =
accounts. Besides some E-mail accounts for our employees to use when =
contacting our customers, and one E-mail account we use to send out a =
weekly newsletter to our customers, we don't generally handle any E-mail =
at all.
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I am anti-SPAM. I advise all of my 5,000+ clients against the use of =
SPAM. Still, two have used it to promote sites we host for them.
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Naturally, this resulted in our receiving the usual barrage of E-mails =
DEMANDING that we remove the Web sites of the offending parties. Our =
attorneys have advised us that it is NOT in our best interest to do so. =
Removing the Web site of anyone for something they did OUTSIDE of our =
system, even if it was indeed PROMOTING a site hosted on our system, =
would in fact expose my company to possible lawsuit from the SPAMMER!
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I understand many Web site design and hosting services stipulate in =
their contracts that they reserve the right to pull any site if evidence =
of SPAMMING is seen -- but my attorneys have also advised me that this =
is completely unenforceable in court and wouldn't stand up to a court =
challenge.
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I don't know about you but I am totally opposed to being REQUIRED to =
take action against anyone for anything they've done outside of my =
control. Do we also want to become liable for pulling Web sites held by =
anyone who is convicted of a crime...any crime? Wouldn't this lead to =
the requirement of background checks, to make sure a Web site customer =
has never indeed beenconvicted of a crime?
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The ramifications are tremendous.
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Anyway -- I write to anyone complaining about SPAM from a client of mine =
(and they do track down the Web site host even if we didn't originate =
the SPAM) and inform them of my position.
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One person apparently forwarded my reply to MAPS. Even though my reply =
states CLEARLY that I am OPPOSED to SPAM, the kind folks at MAPS decided =
to add my company's IP to the list anyway. The problem is -- they won't =
TALK about resolving the problem. Their "volunteer" hung up on me when I =
called, after first being outright surly and rude with me. I tried =
E-mailing Paul Vix to tell him to remove my company's IP from his list =
but -- guess what -- my E-mail got REJECTED by his system because he =
uses the list! I finally got a message through by going through another =
provider. Meanwhile Paul Vix has not returned my urgent calls and hasn't =
been available on the phone when I do call.
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This is causing my company irreparable harm. MAPS' whole attitude and =
the way they create their so-called LIST is, because of my case alone, =
entirely questionable. And he has left me little choice but to file suit =
against Paul, MAPS and anyone associated with the LIST or using it in =
their products or on their services.
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This is where you come in. I am writing to tell you right now -- cease =
and desist from using the MAPS BLACKHOLE list on your service =
IMMEDIATELY. I will be including anyone and everyone still using the =
MAPS list in my lawsuit against MAPS. Period.
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You might also want to contact Paul Vixie and let him know the legal =
jeopardy his methods have placed you in. By comparison, the SPAMMERS are =
starting to look like the "good guys." I know they're not and you know =
they're not but MAPS must end here and now.
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I would appreciate your comments and cooperation.
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