Attack Of The Emai Chasing Lawyer

[Insomniac]

This guy is a fucken retard, and so is Fortress ITX for not only taking down my server, but illegally accessing my server within an hour of receiving this email.

======================

From: Joe Santiago <joe33024@gmail.com>
To: abuse@fortressitx.com, dns@jomax.net, spam@uce.gov, enforcement@sec.gov
Cc: domains@*hidden*
Subject: < 41455 > UCE Abuse Complaint
Date: Tue, 11 Dec 2007 09:13:03 -0500 (08:13 CST)


I would like to start by emphasizing that the main objective of this
complaint is to first encourage people that send unsolicited emails to STOP!
In the event that these people desire otherwise; I will have no other
recourse as an operator of an Interactive computer service remedies under
Florida Law. I have made a good faith effort to trace all parties involved.
Since the advent of the CAN SPAM ACT and many State Laws it is now clear
that anyone that provides safe harbor or knowingly assist, participates or
profits from these endeavors may be liable. Logic dictates that spammers
would have a hard time if not unable to operate with out the services
offered by Internet Service Providers, Registration Services, Companies that
benefit from the spam and Credit Card Companies that handle the financial
transactions that in turn finance the illegal activity. Hence this e-mail is
in reaction there to.

On 12/11/2007 1:54:11 PM I received an unsolicited (SPAM) email directing me
to the following domain < prettyurl.com >. An e-mail trace and reverse DNS
lookup has revealed that you willing or not are a participant in this
transmission as above described. Below you will find these results, e-mail
header and the contents of the email. If you consider yourself an unwilling
participant, and have the means, I expect nothing less than your full
cooperation in resolving this issue to include providing any information
that will help in the enforcement of this agreement or prosecution if
needed. Pursuant to State and Federal Laws I hereby hold all parties
complicit in this horrid method of marketing equally responsible and liable.
Please take appropriate action to stop this situation from recurring. Please
let me know how this incident is resolved.

*****************************************************************
< E-MAIL TRACE AND DNS LOOKUP RESULTS >

Forged Sender Name: < Carly Wise >
Forged Sender e-mail: < elpdbwxn@lynchburg.net >
Forged Sender IP: < 76.103.255.193 >
Spammer Registered Name: < James Campbell >
Spammer Registered e-mail: < domains@*hidden* >
Spammer Registered IP: < 65.98.99.136 >
Spammer Registered Domain: < prettyurl.com >
Spam Benefactor Name: < >
Spam Benefactor e-mail: < >
Reverse ISP Domain Trace Name: < fortressitx.com >
Reverse ISP Domain Trace e-mail: < abuse@fortressitx.com >
Registrar Name: < godaddy.com >
Registrar e-mail: < dns@jomax.net >
Network Server: < NS1.BLUE-TEK.COM >

NOTE: Make sure you read the NOTIFICATION AND SETLEMENT AGREEMENT that
follows as it will be in effect in the event that I receive any further SPAM
from you and or your associates!
*****************************************************************
< SPAM HEADER >

Delivered-To: joe33024@gmail.com
Received: by 10.114.25.11 with SMTP id 11cs474419way;
Tue, 11 Dec 2007 05:07:52 -0800 (PST)
Received: by 10.70.54.2 with SMTP id c2mr8725532wxa.1197378468757;
Tue, 11 Dec 2007 05:07:48 -0800 (PST)
Return-Path: <elpdbwxn@lynchburg.net>
Received: from pmail.webworldinc.com (c-76-103-255-193.hsd1.ca.comcast.net
[76.103.255.193])
by mx.google.com with ESMTP id h37si4031277wxd.2007.12.11.05.07.40;
Tue, 11 Dec 2007 05:07:48 -0800 (PST)
Received-SPF: softfail (google.com: domain of transitioning
elpdbwxn@lynchburg.net does not designate 76.103.255.193 as permitted
sender) client-ip=76.103.255.193;
Authentication-Results: mx.google.com; spf=softfail (google.com: domain of
transitioning elpdbwxn@lynchburg.net does not designate 76.103.255.193 as
permitted sender) smtp.mail=elpdbwxn@lynchburg.net
Received: from sgsd.ou.stnx.rwz.com
by hnpl.yayz.sdc.com (dthupfix) with SMTP id 3B29E820124
for <elpdbwxn@lynchburg.net>; Tue, 11 Dec 2007 08:52:06 -0500
Message-ID: <IPDAEZ2.askb2a1@xwo.ctwwfz.com>
Date: Tue, 11 Dec 2007 08:51:32 -0500
From: "Carly Wise" <elpdbwxn@lynchburg.net>
To: <phillip.watson@gmail.com>
Subject: Wantedhone processors
X-Mailer: Sylpheed version 0.7.6
Mime-Version: 1.0
Content-Type: text/plain; charset=US-ASCII
Content-Transfer-Encoding: 7bit
X-Scanner: exiscan (IEM Institute for jxs Music and lqnr Graz Austria)

*****************************************************************
< SPAM MESSAGE >


Attention Biz Owners and Entrepreneurs

Improve The Flow Starting Today

$15OO , $35OO and more per week and even per day

Return some calls...10-20 per day

Share some information.

That's it

No Selling

Further Detail
888.2O6.2123


Tue, 11 Dec 2007 08:11:44 -0500




You may Qption 0ut
http://www.*hidden*.com/?go=16f2d538a4

*****************************************************************
< NOTIFICATION AND SETTLEMENT AGREEMENT >

Here and henceforth it is understood that I do not want to receive uninvited
solicitations by email ("Junk Email / Spam") from anyone; and hereby hold
liable under state and federal law anyone that practices, participates or
empoweres anyone by means of technology, apathy, financial gain or
compensation, this marketing practice. The aboved mentioned will be
hereafter refered to as "you". I am unwilling to receive Junk Email freely
because it costs me time and money. If you send me subsequent Junk Emails,
will mean that you AGREE with this "Notification and Setlement Agreement"
and plan to adhere to it's terms. Nonpayment will be considered breach of
contract and affords me the right which I reserve, to take any action
available against you without further reference to you. Actions available to
me include initiating proceedings against you or your company for
non-adherence to federal and state laws, negligence and or breach of
contract, which may result in substantial damages being awarded against you
by the court. The unauthorized use of my computing facilities may even be a
crime.

AGREED STIPULATIONS

1. This "Notification and Setlement Agreement" and the obligations of the
parties herein, shall be governed by the laws of the State of Florida. All
litigation is to take place exclusively within the jurisdiction of the
recipient, therefor the obligations of the parties are performable in Ft.
Lauderdale, Broward County, Florida.

2. In the event of litigation the parties herein mentioned agree to
liquidated damages of $500 for each unsolicited commercial electronic mail
message that violates section § 668.603 of the Florida Statutes.

SETTLEMENT TERMS:

1. I hereby offer you relief from State and Federal Law prosecution by
agreeing to receive all further emails from you only under the terms set out
below.

2. For the purposes of points 3 and 4, it is understood that I have received
an unsolicited email sent by you or your affiliates for the purpose of email
solicitations, notifications, alerts or any other purpose. Correspondence
for the purpose of discontinuing this horrid practice will not apply to this
offer.

3. You must pay me ($20) twenty US dollars for each such item of email that
you send me with the understanding that a court would more than likely award
a far greater amount.

4. You must pay me ($20) twenty US dollars for each copy of each email
solicitation that you send to anybody or any email address referred to below
in the "DON'T SPAM LIST", even if you don't send a copy to me.

5. You must mail payment by certified check to me within five working days
of the receipt of settlement letter to avoid legal action. Hence letter will
be sent at my discretion and convenience via e-mail, fax or snail mail.

6. You, your agents, affiliates, subscribers or their representatives will
solely responsible for all fees legal or otherwise incurred by me in pursuit
of satisfying and or discharging this settlement.

I may vary the terms of or terminate this offer at any time (even after you
have accepted it). Any new terms will apply retroactively to all infractions
(emails) that you have not settled.

NOTE: All reasonable efforts are made to locate the entity or person that
initiated this e-mail. For the purpose of this "Notification and Settlement
Agreement" and pursuant to my rights under the law, I hereby hold all
entities subsequent to the initiator as facilitators (due to obvious
financial gains, be it monthly or subscription fees or advertisement
results), responsible, complicit and liable for an additional $20 US dollar
fee for each email sent by your customers or affiliates. ISP's, Registrar's,
Identification protection services and Credit Card Companies are hereby
requested to submit course of action taken and a reliable means of
identifying and locating for purpose of prosecution the instigator of any
and all subsequent e-mails (individuals referenced herein). Failure to do so
demonstrates complicity, by protecting, harboring and providing anonymity to
customers or affiliates involved in this illegal activity, this places you
outside the exceptions provided under law.

This information is to include:

1. Name of Company
2. Names & addresses of all responsible parties
3. E-mails of all responsible parties
4. Verifiable mailing address
4. All phone numbers
5. All fax numbers
6. Credit Card name & number used to pay any fees

*****************************************************************
< DON'T SPAM LIST >

joe33024@hotmail.com
joe33024@gmail.com
joe@witkop.com
angiejoe@bellsouth.net
kent@witkop.com
info@witkop.com
brian@witkop.com
sales@witkop.com
support@witkop.com
billing@witkop.com
suz@witkop.com
john@witkop.com
legal@witkop.com

*****************************************************************

 

[Jon]

Maybe he feels like he has to compensate for his shitty law practicing abilities and small cock so he preteneds to be a detective too?

 

[Deliguy]

wow that guy is an idiot. Aparently if you don't help him find the spammer you're liable under can spam and you agree to pay him a bunch of money as compensation. I did not know that!

He's a wanna be lawyer, and a shitty one at that. Who thinks, hey spam is illegal and hated, theres lots of money in it. I bet i can pick out a few and make some lawsuits and maybe become rich. Good fuckin luck buddy.

BTW since when is your server provider accessing your server without your permission or knowledge illegal?

 

[Insomniac]

It is illegal for anyone (including the owner of a server) to gain unauthorized access to a computer system in which there has been reasonable steps to secure said system. Hence when they went on my password protected server and changed files on the file system they were breaking the law and are therefore liable for criminal action.

 

[Deliguy]

It is illegal for anyone (including the owner of a server) to gain unauthorized access to a computer system in which there has been reasonable steps to secure said system. Hence when they went on my password protected server and changed files on the file system they were breaking the law and are therefore liable for criminal action.

I'm going to have to disagree with you there. The key points:
"including the owner of a server"
"to gain unauthorized access"
"there has been reasonable steps to secure said system."

By that logic my sister could walk over and put a password on my computer and even though I'm the owner of the computer it would be illegal for me to access the computer and bypass the password.

 

[Deliguy]

It is illegal for anyone (including the owner of a server) to gain unauthorized access to a computer system in which there has been reasonable steps to secure said system. Hence when they went on my password protected server and changed files on the file system they were breaking the law and are therefore liable for criminal action.

I'm going to have to disagree with you there.

By that logic my sister could walk over and put a password on my computer and even though I'm the owner of the computer it would be illegal for me to access the computer and bypass the password. I think you may want to check into this first before you go yelling legal stuff at your server provider.

 

[Insomniac]

I'm going to have to disagree with you there.

By that logic my sister could walk over and put a password on my computer and even though I'm the owner of the computer it would be illegal for me to access the computer and bypass the password. I think you may want to check into this first before you go yelling legal stuff at your server provider.

Under that situation you are considered the administrator of the system, and you are bypassing her password by using your own preexisting privileges on the system. If however you had no privileges and you never had access to the system (only to own it) you would be gaining unauthorized access to her files.

 

[Deliguy]

Under that situation you are considered the administrator of the system, and you are bypassing her password by using your own preexisting privileges on the system. If however you had no privileges and you never had access to the system (only to own it) you would be gaining unauthorized access to her files.

By holding the power cable and a screw driver wouldn't that make them the administrator of your rented system?

 

[Insomniac]

By holding the power cable and a screw driver wouldn't that make them the administrator of your rented system?

No it wouldn't, it would make them the owner. Take for example the situation of renting a computer from a shop. You take the computer home, plug it in and start using it. This does not give the shop the right to hack into the computer and do what they like. It does allow them to repossess the system and therefore regain administrative rights, but unless that repossession occurs they cannot gain access to your computer nor can they invade your privacy because of it.

 

[barman]

wow eli... you double posted, but with two completely different posts about the same subject haha

 

[Deliguy]

I'm not calling you out or anything but just out of curiosity i looked at their TOS

On the section talking about email spam complaints

Failure to respond to complaints within a 24 hour timeframe will result in the FortressITX abuse staff suspending the offending website or shared hosting account by whatever means necessary.

he server will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been completely removed.

Security Risk: Should any box become a security risk to our network, including, but not limited to: presumed compromised servers, outbound verified attacks, inbound recipient of an attack, spamming, illegal content, etc. FortressITX will attempt to contact the server owner, giving 24 hours notice, after which time, we will attempt to gain entry to the server with passwords on file.

So I guess within their own terms as long as it was outside of 24 hours they can do whatever they want. But if you claim they did it all within an hour (unless the complainer claimed they contacted you 24 hours ago) than yes they did break their own TOS agreement. I don't know though, you'd have to read the entire thing. I just skimmed

 

[Insomniac]

Original message:

From: Joe Santiago <joe33024@gmail.com>
Date: Tue, 11 Dec 2007 09:13:03 -0500 (08:13 CST)

Server cutoff message:

From: Mihai Serdean <abuse@fortressitx.com>
Date: Tue, 11 Dec 2007 10:37:36 -0500 (09:37 CST)

Hello,


We've taken the site offline, but we can't stop the spammer as he didn't spam from our servers.

Mihai

 

[BigWill]

I think my IQ is shrinking reading this thread

Thats pretty shitty they took down your server for some anti who puts a buch of dumb shit in an email

 

[Insomniac]

Best of all, the asswipes email address is already indexed by google

joe33024 - Google Search

 

[Phre0nBurn]

God damn. Jon, can you make G crawl my site that fast?
Fuck
haha

 

[nachoninja]

lol at all those email addresses getting indexed by the SE's and probably picked up by scrapers

 

[Deliguy]

The dude is definitely grasping at straws trying to get a settlement against a rich spammer or two. Good luck to him but I doubt he'll get very far. Sucks you got caught in the middle dude.

 

[slackerguy]

Lots...of....words.