CONCENTRIC NETWORK OBTAINS JUDICIAL RELIEF AGAINST SPAMMER
CUPERTINO. Calif., (October 9, 1996)-- Concentric Network Corporation, a leading provider of tailored network solutions for the rapidly growing electronic commerce and Internet/intranet markets, today announced that Cyber Promotions, Inc. and its president Sanford Wallace have been ordered by a federal judge to swear, under penalty of perjury, that they will cease engaging in conduct which causes the overload of Concentric's mail system and the denial of mail service to Concentric Networks' subscribers.
In a lawsuit filed against Cyber Promotions and Wallace on October 2, 1996, seeking an injunction, compensatory and punitive damages, Concentric alleges that the Defendants send unsolicited electronic advertisements, or "spam," to hundreds of thousands of Internet users on a daily basis and falsely designate a Concentric Network account as the point of origin of those messages. According to the suit, this causes tens of thousands of undeliverable messages to be routed back into Concentric Network's mail system for processing and storage, resulting in the overload of Concentric's equipment and the denial of service to its subscribers.
On Monday, October 7, a federal judge in the Northern District of California ordered Wallace and Cyber Promotions to submit an affidavit to the Court swearing under oath that they would not engage in such conduct in the future. In the sworn affidavit filed Tuesday, Wallace and Cyber Promotions stated:
"[W]e will not continue to use accounts that have been opened with Concentric to send or receive e-mail or in connection with the sending or receiving or e-mail. Moreover, [we] will not open up any new accounts with Concentric or have anyone on our behalf open an account with Concentric for the purpose of sending or receiving of e-mail or in connection with the sending or receiving of e-mail."
"We are extremely pleased with the Court's ruling, and the protection we have been able to secure for our subscribers," said Henry R. Nothhaft, Concentric's president and CEO. "This practice interferes with subscriber's ability to effectively use our network. They have asked us to stop it. We will continue to take steps to protect our customers from this type of= conduct."
Concentric's suit alleges that by causing the denial of service to Concentric's subscribers, the Defendants have acted in violation of the Computer Fraud and Abuse Act and the Electronic Communications Privacy Act. Concentric also claims that by falsely representing that the junk e-mail messages originate from a Concentric account, Defendants have implied that Concentric supports or condones Cyber Promotions' business practices. In fact, Concentric's Terms of Service Agreement expressly prohibits the act of spamming. Concentric encourages their customers to inform the Company of any further spamming episodes.
For complete text of the affidavit refer to Concentric Network's web site at http://www.concentric.net.
About Concentric Concentric Network Corp., is a fast-growing, venture-backed private company headquartered in Cupertino, Calif. Founded in 1991, the company has established itself as a market leader in providing virtual private networks and consumer Internet access. It has nearly 250 employees and a data network with 214 POPs in the United States and Canada. The company is rapidly deploying a SuperPOP based network which consolidates multiple smaller POPs within a metropolitan area. The company has a proven ability to react quickly to market and technology changes and has designed a network architecture and deployment strategy that promises to cost-effectively support a wide range of networking applications for enterprise, consumer and wholesale users. Concentric Network's web address is= http://www.concentric.net.
dlou...@concentric.net Donna Loughlin Public Relations Concentric Network Corporation 10590 N. Tantau Avenue Cupertino, CA 95014 (408) 343-2203
In article <53glu6$...@mariner.cris.com>, r...@mariner.cris.com (Operator) wrote:
> CONCENTRIC NETWORK OBTAINS JUDICIAL RELIEF AGAINST SPAMMER
Hmmmm..... Congratulations to CNC! With AOL's action and now this, is it too soon to say there may be a light at the end of the tunnel? Granted, it's only one UCE source (albeit a major one), but the precedents set here (provided they win the cases) should be fairly noteworthy. The ability to block out offending sites and/or curtail forging are promising.
On a side note, I wonder how the right irreverent Mr. Winter is feeling about this. It seems Concentric isn't TOO shy of lawsuits. Perhaps he won't get a "settlement out of court" for his CNC case after all.
Quoth r...@mariner.cris.com (Operator) in <53glu6$...@mariner.cris.com>: | CONCENTRIC NETWORK OBTAINS JUDICIAL RELIEF AGAINST SPAMMER | | CUPERTINO. Calif., (October 9, 1996)-- Concentric Network Corporation, |a leading provider of tailored network solutions for the rapidly growing |electronic commerce and Internet/intranet markets, today announced that |Cyber Promotions, Inc. and its president Sanford Wallace have been ordered |by a federal judge to swear, under penalty of perjury, that they will cease |engaging in conduct which causes the overload of Concentric's mail system |and the denial of mail service to Concentric Networks' subscribers.
Great! Congratulations!
Now, what are you gong to do about your OWN spammers... like those operating the web page at <http://www.concentric.net/~srinfo>, who accused me in Message-ID: <3259B617.241C@usa.net> of posting one of THEIR Usenet spams?
By the way, both the original spam (Message-ID: <32594D89....@usa.net>) and the scurrilous slander mentioned above (judging from their NNTP-Posting-Host: header fields) were posted from Concentric.net dialups.
So, what are you going to do about it?
Huh?
-- |We have tried ignorance | Tom Betz (914) 375-1510 | |for a very long time, and | Want to send me email? First, read this page: | |it's time we tried education. | <http://www.panix.com/~tbetz/mailterms.shtml> | |<http://www.pobox.com/~tbetz> | I mock up my reactive mind twice daily. |
> CUPERTINO. Calif., (October 9, 1996)-- Concentric Network Corporation, >a leading provider of tailored network solutions for the rapidly growing >electronic commerce and Internet/intranet markets, today announced that >Cyber Promotions, Inc. and its president Sanford Wallace have been ordered >by a federal judge to swear, under penalty of perjury, that they will cease >engaging in conduct which causes the overload of Concentric's mail system >and the denial of mail service to Concentric Networks' subscribers.
HAHAHAHA! Take that, Spammy. Yes, we all noticed the change from Spamford to Spammy.
"We do not engage in forging headers, those were forged to look like they came from us but did not originate here." (paraphrased) HAHAHAHA! Caught with your pants down, Spammy WallASS? HAHAHAHA! Boy, is YOUR face red.
Revenge is so sweet, especially when someone else does it and you just get to enjoy it.
Let us hope this goes one step further towards further defining the junk fax law. Then you might have to get a REAL job. Don't worry, the blisters on those girly soft hands will heal soon.
Quoth r...@mariner.cris.com (Operator) in <53glu6$...@mariner.cris.com>: | CONCENTRIC NETWORK OBTAINS JUDICIAL RELIEF AGAINST SPAMMER | | CUPERTINO. Calif., (October 9, 1996)-- Concentric Network Corporation, |a leading provider of tailored network solutions for the rapidly growing |electronic commerce and Internet/intranet markets, today announced that |Cyber Promotions, Inc. and its president Sanford Wallace have been ordered |by a federal judge to swear, under penalty of perjury, that they will cease |engaging in conduct which causes the overload of Concentric's mail system |and the denial of mail service to Concentric Networks' subscribers.
[... much snipped ...]
|dlou...@concentric.net |Donna Loughlin |Public Relations |Concentric Network Corporation |10590 N. Tantau Avenue |Cupertino, CA 95014 |(408) 343-2203
Here's what happened when I attempted to copy my reply to Donna Loughlin:
----- The following addresses have delivery notifications ----- dlou...@concentric.net (unrecoverable error)
----- Transcript of session follows ----- ... while talking to mailhost.concentric.net.:
<<< 550 <dlou...@concentric.net>... User unknown 550 dlou...@concentric.net... User unknown
Typo or intentional error?
-- |We have tried ignorance | Tom Betz (914) 375-1510 | |for a very long time, and | Want to send me email? First, read this page: | |it's time we tried education. | <http://www.panix.com/~tbetz/mailterms.shtml> | |<http://www.pobox.com/~tbetz> | I mock up my reactive mind twice daily. |
Am I missing something here? My AOL box has been crammed with UCE from cris.com and concentric.net for the past 3 days. When does this thing kick in? Or am I seeing a backlash from other spammers in support of Spamford?
I know, headers! Sorry, they're on my other machine...
>I have a hope. It's a small hope. That someone will get money from Spamford >Wallace as restitution. Then they will scan the check (obscure the account >number if you wish) and post it here. And we can all revel, dance and laugh >at his fate as thousands of others sue him too.
What makes you think that Wallace has enough money to collect in a judgment?
-- Alan Bostick | "Dole is so unpopular, he couldn't sell beer on mailto:abost...@netcom.com | a troop ship." (Ohio Republican Senator William news:alt.grelb | Saxbe on Bob Dole's early career in the Senate) http://www.alumni.caltech.edu/~abostick http://www.theangle.com/ The first site with a brain. Yours.
I have a question that perhaps others can answer...I read in todays San jose Mercury news about Concentric and their legal battle (that they won!!! yeah!!!) against the ever so popular Cyber Promotions, and noticed that CyberPromotions can no longer use Concentrics computers to pass e-mail on to others.....since no one can really determine the path an e-mail message ultimatly takes, does this mean CyberPromotions is outta business until they complain about whatever again?
Would you like to receive weekly e-mails on items you can buy at wholesale prices? If so, reply with the e-mail address you wish to receive this weekly information at.
quoting scheid...@fdma.com (Michael S. Scheidell) : | In article <325d23db.34088...@news.netmagic.net>, C & A Wholesalers wrote: |>...does this mean CyberPromotions is outta business until they complain |> about whatever again?
I don't understand the "complain" part...
|... If, however, you know that 95% of the sites have blocked email | from your server, you can 'steal' services from another company. | But, it doesn't happen by accident.
I just read an article here that reports Wallace spamming from an EFN.ORG account today.... <sigh>
it appears that fellow will not let it be until someone breaks his keyboard....
: CONCENTRIC NETWORK OBTAINS JUDICIAL RELIEF AGAINST SPAMMER <snip>
Yes!
Mike (who is happily dancing in circles around his computer)
-- ------------------------------------------------------------------------ As usual, a knife-wielding maniac has shown us the way. - Bart Simpson
assert (2_ohms != 1_ohm); //Check for Shock Syndrome
Note to morons: DO NOT send me unsolicited ads through email! If you have gotten my email address through either the purchase of a list or by culling usenet posts, please remove it from your mailing list immediately.
In article <325d23db.34088...@news.netmagic.net>, snugg...@netmagic.net wrote: > I have a question that perhaps others can answer...I read in todays > San jose Mercury news about Concentric and their legal battle (that > they won!!! yeah!!!) against the ever so popular Cyber Promotions, > and noticed that CyberPromotions can no longer use Concentrics > computers to pass e-mail on to others.....since no one can really > determine the path an e-mail message ultimatly takes, does this mean > CyberPromotions is outta business until they complain about whatever > again?
Actually, determining the possible paths for a piece of e-mail is fairly simple for most domains. Messages do not magically hop from server to server looking form you, and mail routing is not at all like IP routing (which IS unpredictable at times)
Dave the Resurrector REPOST: ========= WAS CANCELLED BY =======: Path: bcarh8ac.bnr.ca!nrchh45.rich.nt.com!van-bc!unixg.ubc.ca!noc.van.hookup.net! hookup!newsfeed.dacom.co.kr!arclight.uoregon.edu!nntp.primenet.com!cs.utexa s.edu!geraldo.cc.utexas.edu!piglet.cc.utexas.edu!not-for-mail From: wer...@ccwf.cc.utexas.edu Newsgroups: news.admin.net-abuse.misc Subject: cmsg cancel <53jgff$...@piglet.cc.utexas.edu> Control: cancel <53jgff$...@piglet.cc.utexas.edu> Date: 10 Oct 1996 14:10:17 -0500 Organization: The University of Texas at Austin, Austin, Texas Lines: 6 Message-ID: <53jhmp$3ks@piglet.cc.utexas.edu> NNTP-Posting-Host: piglet.cc.utexas.edu
quoting scheid...@fdma.com (Michael S. Scheidell) : | In article <325d23db.34088...@news.netmagic.net>, C & A Wholesalers wrote: |>...does this mean CyberPromotions is outta business until they complain |> about whatever again?
I don't understand the "complain" part...
|... If, however, you know that 95% of the sites have blocked email | from your server, you can 'steal' services from another company. | But, it doesn't happen by accident.
I just read an article here that reports Wallace spamming from an EFN.ORG account today.... <sigh>
it appears that fellow will not let it be until someone breaks his keyboard....
it's just little old me trying to compensate for a semantical error. I flat out smack forgot about li'l ol' you... for about 1 second, no longer. well, consider it a test then, I don't mind, really.
quoting wer...@ccwf.cc.utexas.edu : | Dave the Resurrector REPOST: | ========= WAS CANCELLED BY =======: | Path: bcarh8ac.bnr.ca!nrchh45.rich.nt.com!van-bc!unixg.ubc.ca!noc.van.hookup.net! hookup!newsfeed.dacom.co.kr!arclight.uoregon.edu!nntp.primenet.com!cs.utexa s.edu!geraldo.cc.utexas.edu!piglet.cc.utexas.edu!not-for-mail | From: wer...@ccwf.cc.utexas.edu | Newsgroups: news.admin.net-abuse.misc | Subject: cmsg cancel <53jgff$...@piglet.cc.utexas.edu> | Control: cancel <53jgff$...@piglet.cc.utexas.edu> | Date: 10 Oct 1996 14:10:17 -0500 | Organization: The University of Texas at Austin, Austin, Texas | Message-ID: <53jhmp$...@piglet.cc.utexas.edu> | NNTP-Posting-Host: piglet.cc.utexas.edu | | <53jgff$...@piglet.cc.utexas.edu> was cancelled from within trn. .... | | ========= ORIGINAL POSTING ============= | ||... If, however, you know that 95% of the sites have blocked email || from your server, you can 'steal' services from another company. || But, it doesn't happen by accident. | | I just read an article here that reports Wallace spamming from | an EFN.ORG account today.... <sigh>
THAT gives an incorrect idea, and should have been written as:
| just now, I read an article here that reports Wallace spamming from | an EFN.ORG account.... <sigh>
and just after issuing the cancel, I thought: "I better check to see if that article was actually posted today, and not a couple of days ago"....
well, it was several days, maybe even a week old already....
