From: Jim Choate <ravage@einstein.ssz.com>
Date: Tue, 10 Nov 1998 23:07:35 +0800
To: support@xroads.com
Subject: Re: fuck copyright (Re: Advertising Creepiness) (fwd)
Message-ID: <199811101414.IAA17997@einstein.ssz.com>
MIME-Version: 1.0
Content-Type: text



Hi Mr. or Ms. support@xroads.com,

I'd like to advise you of abuse of your system and the resultant spam that I
am receiving as a result.

I've checked my subscription list and it contains NO xroads.com subscribers
at all. You are apparently having legitimite, non-commercial traffic
forwarded to your site in order to cause excessive work and potential denial
of services (to your customers).

Please police your own house before you go around threatening $500 leins and
prosecution on others.

Have a nice day.



    ____________________________________________________________________
 
            Lawyers ask the wrong questions when they don't want
            the right answers.

                                        Scully (X-Files)

       The Armadillo Group       ,::////;::-.          James Choate
       Austin, Tx               /:'///// ``::>/|/      ravage@ssz.com
       www.ssz.com            .',  ||||    `/( e\      512-451-7087
                           -====~~mm-'`-```-mm --'-
    --------------------------------------------------------------------



Forwarded message:

> From root@dogbert.xroads.com Tue Nov 10 07:52:20 1998
> Date: Tue, 10 Nov 1998 06:52:46 -0700 (MST)
> Message-Id: <199811101352.GAA09138@dogbert.xroads.com>
> To: owner-cypherpunks@einstein.ssz.com
> Subject: Re: fuck copyright (Re: Advertising Creepiness) (fwd)
> References: <199811101343.HAA17689@einstein.ssz.com>
> In-Reply-To: <199811101343.HAA17689@einstein.ssz.com>
> From: abuse@xroads.com
> X-Loop: noloop@noloop.nlp
> 
> >Forwarded message:
> 
> >> Date: Tue, 10 Nov 1998 13:24:23 +0000
> >> From: "Frank O'Dwyer" <fod@brd.ie>
> >> Subject: Re: fuck copyright (Re: Advertising Creepiness) (fwd)
> 
> >> Jim Choate wrote:
> >> > > You can make money from information provision by charging extra for
> >> > > up-to-date news, or by charging so little that the cost from the
> >> > > original provider is so low that it's not worth anyones time to
> >> > > redistribute it,
> >> > 
> >> > That's true now, why don't we see these effects...
> >> 
> >> We do. News inherently has a 'sell-by' date. The most obvious example is
> >> stock quotes where delayed quotes are provided for free whereas
> >> real-time quotes are heavily charged for. The recipients of such
> >> information care very much about latency, since it's possible to trade
> >> on any differences that may exist. There's even some research on attacks
> >> that simply delay packets in such networks.
> 
> >Ah, true but I was addressing the last sentence about the cost being so low
> >nobody will charge for it.....sounds like the nuclear industry marketing
> >speal of the 50's....
> 
> >Sorry for the confusion, I guess I should have edited the first part out
> >since it wasn't relevant.
> 
> 
> >    ____________________________________________________________________
> > 
> >            Lawyers ask the wrong questions when they don't want
> >            the right answers.
> 
> >                                        Scully (X-Files)
> 
> >       The Armadillo Group       ,::////;::-.          James Choate
> >       Austin, Tx               /:'///// ``::>/|/      ravage@ssz.com
> >       www.ssz.com            .',  ||||    `/( e\      512-451-7087
> >                           -====~~mm-'`-```-mm --'-
> >    --------------------------------------------------------------------
> 
> This is apparently at least the second unsolicited commercial email from your 
> address. If you feel you have received this email in error, please contact 
> support@xroads.com
> 
> Senders of unsolicited commercial email will be charged $500 for each instance
> of unsolicited commerical email on Crossroads network systems, and are 
> subject to prosecution under the following Federal statute, and other 
> applicable federal and local laws.
> 
> 
>      * UNITED STATES CODE
>         
>           + TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
>              
>                o CHAPTER 5 - WIRE OR RADIO COMMUNICATION
>                   
>                     # SUBCHAPTER II - COMMON CARRIERS 
>                       
>    
>      _________________________________________________________________
>    
>      227. Restrictions on use of telephone equipment
>      * (a) Definitions
>        
>        As used in this section -
>           + (1) The term ''automatic telephone dialing system'' means
>             equipment which has the capacity -
>                o (A) to store or produce telephone numbers to be called,
>                  using a random or sequential number generator; and
>                o (B) to dial such numbers.
>           + (2) The term ''telephone facsimile machine'' means equipment
>             which has the capacity (A) to transcribe text or images, or
>             both, from paper into an electronic signal and to transmit
>             that signal over a regular telephone line, or (B) to
>             transcribe text or images (or both) from an electronic signal
>             received over a regular telephone line onto paper.
>           + (3) The term ''telephone solicitation'' means the initiation
>             of a telephone call or message for the purpose of encouraging
>             the purchase or rental of, or investment in, property, goods,
>             or services, which is transmitted to any person, but such
>             term does not include a call or message (A) to any person
>             with that person's prior express invitation or permission,
>             (B) to any person with whom the caller has an established
>             business relationship, or (C) by a tax exempt nonprofit
>             organization.
>           + (4) The term ''unsolicited advertisement'' means any material
>             advertising the commercial availability or quality of any
>             property, goods, or services which is transmitted to any
>             person without that person's prior express invitation or
>             permission.
>      * (b) Restrictions on use of automated telephone equipment
>           + (1) Prohibitions
>             
>             It shall be unlawful for any person within the United States
>             -
>                o (A) to make any call (other than a call made for
>                  emergency purposes or made with the prior express
>                  consent of the called party) using any automatic
>                  telephone dialing system or an artificial or prerecorded
>                  voice -
>                     # (i) to any emergency telephone line (including any
>                       ''911'' line and any emergency line of a hospital,
>                       medical physician or service office, health care
>                       facility, poison control center, or fire protection
>                       or law enforcement agency);
>                     # (ii) to the telephone line of any guest room or
>                       patient room of a hospital, health care facility,
>                       elderly home, or similar establishment; or
>                     # (iii) to any telephone number assigned to a paging
>                       service, cellular telephone service, specialized
>                       mobile radio service, or other radio common carrier
>                       service, or any service for which the called party
>                       is charged for the call;
>                o (B) to initiate any telephone call to any residential
>                  telephone line using an artificial or prerecorded voice
>                  to deliver a message without the prior express consent
>                  of the called party, unless the call is initiated for
>                  emergency purposes or is exempted by rule or order by
>                  the Commission under paragraph (2)(B);
>                o (C) to use any telephone facsimile machine, computer, or
>                  other device to send an unsolicited advertisement to a
>                  telephone facsimile machine; or
>                o (D) to use an automatic telephone dialing system in such
>                  a way that two or more telephone lines of a multi-line
>                  business are engaged simultaneously.
>           + (2) Regulations; exemptions and other provisions
>             
>             The Commission shall prescribe regulations to implement the
>             requirements of this subsection. In implementing the
>             requirements of this subsection, the Commission -
>                o (A) shall consider prescribing regulations to allow
>                  businesses to avoid receiving calls made using an
>                  artificial or prerecorded voice to which they have not
>                  given their prior express consent;
>                o (B) may, by rule or order, exempt from the requirements
>                  of paragraph (1)(B) of this subsection, subject to such
>                  conditions as the Commission may prescribe -
>                     # (i) calls that are not made for a commercial
>                       purpose; and
>                     # (ii) such classes or categories of calls made for
>                       commercial purposes as the Commission determines -
>                          @ (I) will not adversely affect the privacy
>                            rights that this section is intended to
>                            protect; and
>                          @ (II) do not include the transmission of any
>                            unsolicited advertisement; and
>                o (C) may, by rule or order, exempt from the requirements
>                  of paragraphs (FOOTNOTE 1) (1)(A)(iii) of this
>                  subsection calls to a telephone number assigned to a
>                  cellular telephone service that are not charged to the
>                  called party, subject to such conditions as the
>                  Commission may prescribe as necessary in the interest of
>                  the privacy rights this section is intended to protect.
>                  (FOOTNOTE 1) So in original. Probably should be
>                  ''paragraph''.
>           + (3) Private right of action
>             
>             A person or entity may, if otherwise permitted by the laws or
>             rules of court of a State, bring in an appropriate court of
>             that State -
>                o (A) an action based on a violation of this subsection or
>                  the regulations prescribed under this subsection to
>                  enjoin such violation,
>                o (B) an action to recover for actual monetary loss from
>                  such a violation, or to receive $500 in damages for each
>                  such violation, whichever is greater, or
>                o (C) both such actions. If the court finds that the
>                  defendant willfully or knowingly violated this
>                  subsection or the regulations prescribed under this
>                  subsection, the court may, in its discretion, increase
>                  the amount of the award to an amount equal to not more
>                  than 3 times the amount available under subparagraph (B)
>                  of this paragraph.
>      * (c) Protection of subscriber privacy rights
>           + (1) Rulemaking proceeding required
>             
>             Within 120 days after December 20, 1991, the Commission shall
>             initiate a rulemaking proceeding concerning the need to
>             protect residential telephone subscribers' privacy rights to
>             avoid receiving telephone solicitations to which they object.
>             The proceeding shall -
>                o (A) compare and evaluate alternative methods and
>                  procedures (including the use of electronic databases,
>                  telephone network technologies, special directory
>                  markings, industry-based or company-specific ''do not
>                  call'' systems, and any other alternatives, individually
>                  or in combination) for their effectiveness in protecting
>                  such privacy rights, and in terms of their cost and
>                  other advantages and disadvantages;
>                o (B) evaluate the categories of public and private
>                  entities that would have the capacity to establish and
>                  administer such methods and procedures;
>                o (C) consider whether different methods and procedures
>                  may apply for local telephone solicitations, such as
>                  local telephone solicitations of small businesses or
>                  holders of second class mail permits;
>                o (D) consider whether there is a need for additional
>                  Commission authority to further restrict telephone
>                  solicitations, including those calls exempted under
>                  subsection (a)(3) of this section, and, if such a
>                  finding is made and supported by the record, propose
>                  specific restrictions to the Congress; and
>                o (E) develop proposed regulations to implement the
>                  methods and procedures that the Commission determines
>                  are most effective and efficient to accomplish the
>                  purposes of this section.
>           + (2) Regulations
>             
>             Not later than 9 months after December 20, 1991, the
>             Commission shall conclude the rulemaking proceeding initiated
>             under paragraph (1) and shall prescribe regulations to
>             implement methods and procedures for protecting the privacy
>             rights described in such paragraph in an efficient,
>             effective, and economic manner and without the imposition of
>             any additional charge to telephone subscribers.
>           + (3) Use of database permitted
>             
>             The regulations required by paragraph (2) may require the
>             establishment and operation of a single national database to
>             compile a list of telephone numbers of residential
>             subscribers who object to receiving telephone solicitations,
>             and to make that compiled list and parts thereof available
>             for purchase. If the Commission determines to require such a
>             database, such regulations shall -
>                o (A) specify a method by which the Commission will select
>                  an entity to administer such database;
>                o (B) require each common carrier providing telephone
>                  exchange service, in accordance with regulations
>                  prescribed by the Commission, to inform subscribers for
>                  telephone exchange service of the opportunity to provide
>                  notification, in accordance with regulations established
>                  under this paragraph, that such subscriber objects to
>                  receiving telephone solicitations;
>                o (C) specify the methods by which each telephone
>                  subscriber shall be informed, by the common carrier that
>                  provides local exchange service to that subscriber, of
>                  (i) the subscriber's right to give or revoke a
>                  notification of an objection under subparagraph (A), and
>                  (ii) the methods by which such right may be exercised by
>                  the subscriber;
>                o (D) specify the methods by which such objections shall
>                  be collected and added to the database;
>                o (E) prohibit any residential subscriber from being
>                  charged for giving or revoking such notification or for
>                  being included in a database compiled under this
>                  section;
>                o (F) prohibit any person from making or transmitting a
>                  telephone solicitation to the telephone number of any
>                  subscriber included in such database;
>                o (G) specify (i) the methods by which any person desiring
>                  to make or transmit telephone solicitations will obtain
>                  access to the database, by area code or local exchange
>                  prefix, as required to avoid calling the telephone
>                  numbers of subscribers included in such database; and
>                  (ii) the costs to be recovered from such persons;
>                o (H) specify the methods for recovering, from persons
>                  accessing such database, the costs involved in
>                  identifying, collecting, updating, disseminating, and
>                  selling, and other activities relating to, the
>                  operations of the database that are incurred by the
>                  entities carrying out those activities;
>                o (I) specify the frequency with which such database will
>                  be updated and specify the method by which such updating
>                  will take effect for purposes of compliance with the
>                  regulations prescribed under this subsection;
>                o (J) be designed to enable States to use the database
>                  mechanism selected by the Commission for purposes of
>                  administering or enforcing State law;
>                o (K) prohibit the use of such database for any purpose
>                  other than compliance with the requirements of this
>                  section and any such State law and specify methods for
>                  protection of the privacy rights of persons whose
>                  numbers are included in such database; and
>                o (L) require each common carrier providing services to
>                  any person for the purpose of making telephone
>                  solicitations to notify such person of the requirements
>                  of this section and the regulations thereunder.
>           + (4) Considerations required for use of database method
>             
>             If the Commission determines to require the database
>             mechanism described in paragraph (3), the Commission shall -
>                o (A) in developing procedures for gaining access to the
>                  database, consider the different needs of telemarketers
>                  conducting business on a national, regional, State, or
>                  local level;
>                o (B) develop a fee schedule or price structure for
>                  recouping the cost of such database that recognizes such
>                  differences and -
>                     # (i) reflect the relative costs of providing a
>                       national, regional, State, or local list of phone
>                       numbers of subscribers who object to receiving
>                       telephone solicitations;
>                     # (ii) reflect the relative costs of providing such
>                       lists on paper or electronic media; and
>                     # (iii) not place an unreasonable financial burden on
>                       small businesses; and
>                o (C) consider (i) whether the needs of telemarketers
>                  operating on a local basis could be met through special
>                  markings of area white pages directories, and (ii) if
>                  such directories are needed as an adjunct to database
>                  lists prepared by area code and local exchange prefix.
>           + (5) Private right of action
>             
>             A person who has received more than one telephone call within
>             any 12-month period by or on behalf of the same entity in
>             violation of the regulations prescribed under this subsection
>             may, if otherwise permitted by the laws or rules of court of
>             a State bring in an appropriate court of that State -
>                o (A) an action based on a violation of the regulations
>                  prescribed under this subsection to enjoin such
>                  violation,
>                o (B) an action to recover for actual monetary loss from
>                  such a violation, or to receive up to $500 in damages
>                  for each such violation, whichever is greater, or
>                o (C) both such actions. It shall be an affirmative
>                  defense in any action brought under this paragraph that
>                  the defendant has established and implemented, with due
>                  care, reasonable practices and procedures to effectively
>                  prevent telephone solicitations in violation of the
>                  regulations prescribed under this subsection. If the
>                  court finds that the defendant willfully or knowingly
>                  violated the regulations prescribed under this
>                  subsection, the court may, in its discretion, increase
>                  the amount of the award to an amount equal to not more
>                  than 3 times the amount available under subparagraph (B)
>                  of this paragraph.
>           + (6) Relation to subsection (b)
>             
>             The provisions of this subsection shall not be construed to
>             permit a communication prohibited by subsection (b) of this
>             section.
>      * (d) Technical and procedural standards
>           + (1) Prohibition
>             
>             It shall be unlawful for any person within the United States
>             -
>                o (A) to initiate any communication using a telephone
>                  facsimile machine, or to make any telephone call using
>                  any automatic telephone dialing system, that does not
>                  comply with the technical and procedural standards
>                  prescribed under this subsection, or to use any
>                  telephone facsimile machine or automatic telephone
>                  dialing system in a manner that does not comply with
>                  such standards; or
>                o (B) to use a computer or other electronic device to send
>                  any message via a telephone facsimile machine unless
>                  such person clearly marks, in a margin at the top or
>                  bottom of each transmitted page of the message or on the
>                  first page of the transmission, the date and time it is
>                  sent and an identification of the business, other
>                  entity, or individual sending the message and the
>                  telephone number of the sending machine or of such
>                  business, other entity, or individual.
>           + (2) Telephone facsimile machines
>             
>             The Commission shall revise the regulations setting technical
>             and procedural standards for telephone facsimile machines to
>             require that any such machine which is manufactured after one
>             year after December 20, 1991, clearly marks, in a margin at
>             the top or bottom of each transmitted page or on the first
>             page of each transmission, the date and time sent, an
>             identification of the business, other entity, or individual
>             sending the message, and the telephone number of the sending
>             machine or of such business, other entity, or individual.
>           + (3) Artificial or prerecorded voice systems
>             
>             The Commission shall prescribe technical and procedural
>             standards for systems that are used to transmit any
>             artificial or prerecorded voice message via telephone. Such
>             standards shall require that -
>                o (A) all artificial or prerecorded telephone messages (i)
>                  shall, at the beginning of the message, state clearly
>                  the identity of the business, individual, or other
>                  entity initiating the call, and (ii) shall, during or
>                  after the message, state clearly the telephone number or
>                  address of such business, other entity, or individual;
>                  and
>                o (B) any such system will automatically release the
>                  called party's line within 5 seconds of the time
>                  notification is transmitted to the system that the
>                  called party has hung up, to allow the called party's
>                  line to be used to make or receive other calls.
>      * (e) Effect on State law
>           + (1) State law not preempted
>             
>             Except for the standards prescribed under subsection (d) of
>             this section and subject to paragraph (2) of this subsection,
>             nothing in this section or in the regulations prescribed
>             under this section shall preempt any State law that imposes
>             more restrictive intrastate requirements or regulations on,
>             or which prohibits -
>                o (A) the use of telephone facsimile machines or other
>                  electronic devices to send unsolicited advertisements;
>                o (B) the use of automatic telephone dialing systems;
>                o (C) the use of artificial or prerecorded voice messages;
>                  or
>                o (D) the making of telephone solicitations.
>           + (2) State use of databases
>             
>             If, pursuant to subsection (c)(3) of this section, the
>             Commission requires the establishment of a single national
>             database of telephone numbers of subscribers who object to
>             receiving telephone solicitations, a State or local authority
>             may not, in its regulation of telephone solicitations,
>             require the use of any database, list, or listing system that
>             does not include the part of such single national datebase
>             (FOOTNOTE 2) that relates to such State.
>             
>             (FOOTNOTE 2) So in original. Probably should be ''database''.
>      * (f) Actions by States
>           + (1) Authority of States
>             
>             Whenever the attorney general of a State, or an official or
>             agency designated by a State, has reason to believe that any
>             person has engaged or is engaging in a pattern or practice of
>             telephone calls or other transmissions to residents of that
>             State in violation of this section or the regulations
>             prescribed under this section, the State may bring a civil
>             action on behalf of its residents to enjoin such calls, an
>             action to recover for actual monetary loss or receive $500 in
>             damages for each violation, or both such actions. If the
>             court finds the defendant willfully or knowingly violated
>             such regulations, the court may, in its discretion, increase
>             the amount of the award to an amount equal to not more than 3
>             times the amount available under the preceding sentence.
>           + (2) Exclusive jurisdiction of Federal courts
>             
>             The district courts of the United States, the United States
>             courts of any territory, and the District Court of the United
>             States for the District of Columbia shall have exclusive
>             jurisdiction over all civil actions brought under this
>             subsection. Upon proper application, such courts shall also
>             have jurisdiction to issue writs of mandamus, or orders
>             affording like relief, commanding the defendant to comply
>             with the provisions of this section or regulations prescribed
>             under this section, including the requirement that the
>             defendant take such action as is necessary to remove the
>             danger of such violation. Upon a proper showing, a permanent
>             or temporary injunction or restraining order shall be granted
>             without bond.
>           + (3) Rights of Commission
>             
>             The State shall serve prior written notice of any such civil
>             action upon the Commission and provide the Commission with a
>             copy of its complaint, except in any case where such prior
>             notice is not feasible, in which case the State shall serve
>             such notice immediately upon instituting such action. The
>             Commission shall have the right (A) to intervene in the
>             action, (B) upon so intervening, to be heard on all matters
>             arising therein, and (C) to file petitions for appeal.
>           + (4) Venue; service of process
>             
>             Any civil action brought under this subsection in a district
>             court of the United States may be brought in the district
>             wherein the defendant is found or is an inhabitant or
>             transacts business or wherein the violation occurred or is
>             occurring, and process in such cases may be served in any
>             district in which the defendant is an inhabitant or where the
>             defendant may be found.
>           + (5) Investigatory powers
>             
>             For purposes of bringing any civil action under this
>             subsection, nothing in this section shall prevent the
>             attorney general of a State, or an official or agency
>             designated by a State, from exercising the powers conferred
>             on the attorney general or such official by the laws of such
>             State to conduct investigations or to administer oaths or
>             affirmations or to compel the attendance of witnesses or the
>             production of documentary and other evidence.
>           + (6) Effect on State court proceedings
>             
>             Nothing contained in this subsection shall be construed to
>             prohibit an authorized State official from proceeding in
>             State court on the basis of an alleged violation of any
>             general civil or criminal statute of such State.
>           + (7) Limitation
>             
>             Whenever the Commission has instituted a civil action for
>             violation of regulations prescribed under this section, no
>             State may, during the pendency of such action instituted by
>             the Commission, subsequently institute a civil action against
>             any defendant named in the Commission's complaint for any
>             violation as alleged in the Commission's complaint.
>           + (8) ''Attorney general'' defined
>             
>             As used in this subsection, the term ''attorney general''
>             means the chief legal officer of a State.
>             
>    
>      _________________________________________________________________
>    
>