Concentric Obtains Legal Relief Against Cyber Promotions
Operator
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.
dlo...@concentric.net
Donna Loughlin
Public Relations
Concentric Network Corporation
10590 N. Tantau Avenue
Cupertino, CA 95014
(408) 343-2203
Rick Simon
In article <53glu6$8...@mariner.cris.com>,
ro...@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.
Rick Simon
aka
rsi...@voyager.net
Tom Betz
Quoth ro...@mariner.cris.com (Operator) in <53glu6$8...@mariner.cris.com>:
| CONCENTRIC NETWORK OBTAINS JUDICIAL RELIEF AGAINST SPAMMER
|
|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: <3259B6...@usa.net> of posting one of THEIR Usenet spams?
By the way, both the original spam (Message-ID: <32594D...@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. |
Fantasia
In article <53glu6$8...@mariner.cris.com>,
Operator <ro...@mariner.cris.com> wrote:
> 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.
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.
Lahoo hah hooo hah hoo hoo ser! Loser loser loser.
Tom Betz
|
| 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 ...]
|dlo...@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 -----
dlo...@concentric.net (unrecoverable error)
----- Transcript of session follows -----
... while talking to mailhost.concentric.net.:
>>> RCPT To:<dlo...@concentric.net>
<<< 550 <dlo...@concentric.net>... User unknown
550 dlo...@concentric.net... User unknown
Typo or intentional error?
Bill Stewart-Cole
In article <53hh7u$f...@panix3.panix.com>,
Read_the_Mailterms_URL@Bottom_of_my_Post.Please wrote:
>
>
> Here's what happened when I attempted to copy my reply to Donna Loughlin:
>
> ----- The following addresses have delivery notifications -----
> dlo...@concentric.net (unrecoverable error)
>
> ----- Transcript of session follows -----
> ... while talking to mailhost.concentric.net.:
> >>> RCPT To:<dlo...@concentric.net>
> <<< 550 <dlo...@concentric.net>... User unknown
> 550 dlo...@concentric.net... User unknown
>
>
> Typo or intentional error?
this is from a session talking to mailhost.concentric.net (concentric=cris):
220 franklin.cris.com ESMTP Sendmail 8.7.5/(96/09/19 2.55) ready at Thu, 10 Oct
1996 00:03:32 -0400 (EDT)
vrfy dloughli
250 <dlou...@franklin.cris.com>
vrfy dlo...@concentric.net
550 dlo...@concentric.net... User unknown
vrfy dlou...@concentric.net
250 <dlou...@franklin.cris.com>
Given that her first initial and the first 7 letters of her last name
yield dloughli, not dlougli, I'd bet on it being a typo.
tre...@sirius.com
ro...@mariner.cris.com (Operator) wrote:
>CONCENTRIC NETWORK OBTAINS JUDICIAL RELIEF AGAINST SPAMMER
Alright! God, this is good news!
Scott Anguish
On 10/09/96, Bill Stewart-Cole wrote:
>In article <53hh7u$f...@panix3.panix.com>,
>Read_the_Mailterms_URL@Bottom_of_my_Post.Please wrote:
>
>>
>>
>> Here's what happened when I attempted to copy my reply to Donna
Loughlin:
>>
>> ----- The following addresses have delivery notifications -----
>> dlo...@concentric.net (unrecoverable error)
>>
<snip>
>>
>> Typo or intentional error?
>
>this is from a session talking to mailhost.concentric.net
(concentric=cris):
>
>220 franklin.cris.com ESMTP Sendmail 8.7.5/(96/09/19 2.55) ready at Thu,
10 Oct
>1996 00:03:32 -0400 (EDT)
>vrfy dloughli
>250 <dlou...@franklin.cris.com>
>vrfy dlo...@concentric.net
>550 dlo...@concentric.net... User unknown
>vrfy dlou...@concentric.net
>250 <dlou...@franklin.cris.com>
>
>Given that her first initial and the first 7 letters of her last name
>yield dloughli, not dlougli, I'd bet on it being a typo.
>
Nah, she mis-spelled her name on purpose to avoid getting hit by
Wallace's spam! :-)
Seriously though, what reason would she have for not wanting
mail... The worst she'll get is a 100 messages of congratulations...
--
Scott Anguish DBS Online - http://www.dbs-online.com/DBS
sang...@digifix.com Stepwise OpenStep WWW - http://www.stepwise.com
WD Baseley
ro...@mariner.cris.com (Operator) wrote:
> CONCENTRIC NETWORK OBTAINS JUDICIAL RELIEF AGAINST SPAMMER
Am I missing something here? My AOL box has been crammed with UCE
from cris.com and concentric.net for the past 3 days. When does this
thing kick in? Or am I seeing a backlash from other spammers in
support of Spamford?
I know, headers! Sorry, they're on my other machine...
WD Baseley
Alan Bostick
sor...@u.washington.edu (Eric Soroos) writes:
>In article <53he78$c0c...@news.voyager.net>, rsi...@voyager.net (Rick
>Simon) wrote:
>>In article <53glu6$8...@mariner.cris.com>,
>> ro...@mariner.cris.com (Operator) wrote:
>>> CONCENTRIC NETWORK OBTAINS JUDICIAL RELIEF AGAINST SPAMMER
>>>
>>
>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:abos...@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.
C & A Wholesalers
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.
wer...@ccwf.cc.utexas.edu
quoting sche...@fdma.com (Michael S. Scheidell) :
| In article <325d23db...@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....
--
Free Advice and Opinions -- Refunds Available
-----
Remember John Hron: http://www.nizkor.org/hweb/people/h/hron-john/
Mike Harmon
Operator (ro...@mariner.cris.com) wrote:
: 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.
tsa...@nospam.net
In article <abostickD...@netcom.com>,
Alan Bostick <abos...@netcom.com> wrote:
>What makes you think that Wallace has enough money to collect in a judgment?
Aw, c'mon. It's just "pennies per person", right?
;->
Bill Stewart-Cole
> 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)
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.utexas.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$p...@piglet.cc.utexas.edu>
Control: cancel <53jgff$p...@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$3...@piglet.cc.utexas.edu>
NNTP-Posting-Host: piglet.cc.utexas.edu
<53jgff$p...@piglet.cc.utexas.edu> was cancelled from within trn.
--
Free Advice and Opinions -- Refunds Available
-----
Remember John Hron: http://www.nizkor.org/hweb/people/h/hron-john/
========= ORIGINAL POSTING =============
quoting sche...@fdma.com (Michael S. Scheidell) :
| In article <325d23db...@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...
wer...@ccwf.cc.utexas.edu
hi, Dave.
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.utexas.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$p...@piglet.cc.utexas.edu>
| Control: cancel <53jgff$p...@piglet.cc.utexas.edu>
| Date: 10 Oct 1996 14:10:17 -0500
| Organization: The University of Texas at Austin, Austin, Texas
| Message-ID: <53jhmp$3...@piglet.cc.utexas.edu>
| NNTP-Posting-Host: piglet.cc.utexas.edu
|
| <53jgff$p...@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....