From: nobody@replay.com (Anonymous)
Date: Mon, 14 Oct 1996 20:49:48 -0700 (PDT)
To: sameer@c2.net
Subject: Re: COMMUNITY CONNEXION SUED IN FRIVOLOUS LAWSUIT
In-Reply-To: <199610141821.LAA28792@atropos.c2.org>
Message-ID: <199610150347.FAA21621@basement.replay.com>
MIME-Version: 1.0
Content-Type: text/plain


The SPA allegedly send sameer@c2.net a letter, demanding, among other things,
that he "agree to implement monitoring procedures to prevent similar acts
of copyright infringement and report those procedures to SPA."  Under federal
law (Electronic Communications Privacy Act) it is illegal to monitor users'
actions unless there is a specific contract between the service provider to
allow such monitoring, or a court of law has issued a valid search warrant.

If the SPA did in fact send such a letter, what they are doing is illegal.
They have alleged that a copyright violation has occured.  If that were true
and they had evidence to support that claim, then under federal law, they
could have asked a judge to issue a search warrant to seize the infringing
material and stop its distrubution, and/or they could have subpoenaed
information about the alleged infringers from C2NET.  But, because they did
not have any evidence of a copyright violation, they could not get a search
warrant.  Consequently, they have attempted an illegal search, in violation
of the ECPA.  They threatened the CEO of C2NET with legal action if he did
not assist them with their unlawful scheme.  He rightfully refused, and
now they are carrying out their threatened harassment against him.

The lawsuit filed by SPA mentions no specific cases of copyright
infringement, because, in all likelihood, there never were any.  The SPA
is merely going on a fishing expedition.  The SPA should not be suing
Sameer - Sameer and his users should be suing the SPA.