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Date:      Fri, 02 May 1997 00:08:25 -0500
From:      "Jeffrey J. Mountin" <sysop@mixcom.com>
To:        Warner Losh <imp@village.org>
Cc:        Hackers@FreeBSD.ORG
Subject:   Re: SPAM target 
Message-ID:  <3.0.32.19970502000824.00b0fe1c@mixcom.com>

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At 09:17 PM 5/1/97 -0600, Warner Losh wrote:
>don't count on it.  I know of at least three machines in the
>cyberpromo domain that are sending BIFF packets to our subnet every
>time they get a mail message.  The village has been hit with hundreds
>of thousands of these things over the last several months.  We've
>tried everything we can think of to make them stop, and still they
>keep coming.
>
>Ideas?  Can we call the DA or the FBI for a DoS attack?

Consider it a denial of service attack and call the FBI, not sure what CERT
could do, AFAIK they only send out advisories.

FWIW, here is something that was dug up and should set precedance for a
class action lawsuit and frankly I wouldn't mind seeing AGIS go down as well.

<as I morph into a raving fanatic>
(now why are ISP's and others on the net allowing relay)


Prodigy versus Cyberpromo

FOR IMMEDIATE RELEASE

For Press Information, Contact:

Mike Darcy
Prodigy, Inc.
914/448-8846
darcy@prodigy.com

CYBER PROMOTIONS ORDERED TO CEASE USING
PRODIGY TO DELIVER EMAIL ADVERTISEMENTS

CYBER PROMOTIONS AGREES TO PAY PRODIGY CASH DAMAGES

WHITE PLAINS, NY, December 13, 1996 . . . Prodigy Services Corporation
today 
announced a resolution to its trademark
infringement lawsuit against Cyber Promotions, Inc., resulting in a
permanent 
injunction against Cyber Promotions.

As part of the resolution, Cyber Promotions was ordered by the court to 
immediately cease using Prodigy's name to deliver
email advertisements, commonly referred to as spam, to anyone on the
Internet. 
Also, Cyber Promotions has paid Prodigy
an undisclosed amount in damages, and will honor the request of Prodigy 
members to be removed from any of Cyber
Promotions mailing lists.

"This settlement represents a victory not just for Prodigy, but for any
person 
accessing the Internet," said Prodigy Vice
President and General Counsel Marc Jacobson. "Prodigy does not allow
unwanted 
solicitation within its own community,
so we certainly do not view favorably any company using Prodigy for the 
delivery of spam. Prodigy will continue to
defend its brand, its image, and its name against any entity attempting to 
associate Prodigy's name with unsolicited email
advertising."

As a result of the resolution, Cyber Promotions was permanently enjoined
from:

* Using existing Prodigy accounts and opening new Prodigy accounts for any 
purpose;

* Sending email from any Prodigy account or designating any Prodigy account
as 
the address of origin for the return of
email;

* Representing that its email was sent from Prodigy or from a Prodigy
account;

* Knowingly causing or using any Internet Service Provider to return 
undeliverable email to Prodigy or a Prodigy account;

* Failing to honor the request of any Prodigy member who asks to be removed

from any and all mailing lists maintained,
used or operated by Cyber Promotions.



-------------------------------------------
Jeff Mountin - System/Network Administrator
jeff@mixcom.net

MIX Communications
Serving the Internet since 1990



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