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Megaspammer Monsterhut Loses On Appeal 316

Werehatrack writes "Much jubilation was expressed in news.admin.net-abuse.email when it was learned that the long-running court battle between PaeTec and Monsterhut had reached a definitive conclusion on Friday with a New York appeals court finding in favor of PaeTec which finally allowed PaeTec to pull the plug on their least-loved customer's connectivity. PaeTec was actually somewhat restrained in its news announcement on its own website, simply noting that they had won and that they had disconnected Monsterhut."
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Megaspammer Monsterhut Loses On Appeal

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  • Big Whoop (Score:2, Insightful)

    by adjensen ( 58676 )
    ...so they'll move somewhere else and waste someone else's legal budget trying to get them gone.

    Until there are real laws with teeth that take these guys down for good, victories will be short lived.

    Not to mention the fact that, since they seem to be able to afford the legal fees of a losing battle, they're obviously making some serious coin from a gullible public, which simply means more and more of these bozos as time goes on.

    Sigh....between spam and virii this last week, I don't think I really wanted to see 10% of my email.
    • ...so they'll move somewhere else and waste someone else's legal budget trying to get them gone.

      I kind of doubt anyone will sign these bozos up. I mean really, even Level 3 'prolly won't touch 'em now.

      And yes, my office DOES block all Level 3 IP space. Every last bit of it.

  • class action suits (Score:2, Interesting)

    by I Want GNU! ( 556631 )
    What I would like to see is a class action suit against these spammers. AOL lost a class action suit a while ago after it claimed unlimited connectivity but there were many business signals, and they simply gave several free hours as a settlement (which is odd since they offered me 1000 free hours in the mail over 45 days, which would be nice if I didn't have a cable modem, wanted a slow net connection with software that corrupts your dlls, and I wanted to be online just over 22 hours per day).

    Why aren't there class action suits against spammers? What they are doing is actually against the law in many states, or at least when they forge the headers. They also cause infrastructure damages to ISPs and violate licenses. If they are charged $500 per email in suits against those who complain, and they sent millions of emails, shouldn't they be liable to everyone in a class action suit? Why no one has taken up class action suits against the spammers astounds me, it would be almost certain to win, and it would win large amounts of money.

    Hey, maybe I should send an email to millions of people from the Internet about this great idea in which they can make thousands a day!
  • Lunacy. (Score:4, Interesting)

    by Latent IT ( 121513 ) on Saturday May 04, 2002 @10:44PM (#3464269)
    Just so everyone knows, this case has been dragging on since 3/01. Over a year, in which Monsterhut had unlimitied spamming rights on an ISP's network, actually against their will.

    It's so odd. The US is the most litigious nation, worldwide, and yet we STILL suck at it.
    • Re:Lunacy. (Score:4, Funny)

      by NoMoreNicksLeft ( 516230 ) <john.oylerNO@SPAMcomcast.net> on Saturday May 04, 2002 @10:51PM (#3464292) Journal
      Nah, you're confusing litigation with justice. If we were great at justice, the spammers would have been tortured to death (now there's a job that could pay minimum wage and still have people jumping at the chance).

      If were great at litigation however, this case would have dragged on for a year, costing far more in legal fees than it ever deserved to. Oh wait.. that's what happened.
      • Re:Lunacy. (Score:2, Funny)

        by Latent IT ( 121513 )
        By George, you're right!

        Even my Grisham collection agrees with you. And six dollars an hour to torture spammers to death? Well, okay, I only have a $20... I'll take three hours. ;p
      • Re:Lunacy. (Score:5, Insightful)

        by NoMoreNicksLeft ( 516230 ) <john.oylerNO@SPAMcomcast.net> on Saturday May 04, 2002 @11:14PM (#3464353) Journal
        Oh my god. This is sad. That someone would mod this up as funny... I never intended it that way. I know I post alot of goofy shit, but I was 110% deadly serious this time.

        And I don't find it funny at all. :(

        I just accused our judicial system of being morally bankrupt and functionally impotent. Flamebait would have been more appropriate. Even troll. I think I'll go cry now.
      • Nah, you're confusing litigation with justice.

        Hmmm... the end result looks pretty much like justice to me. Perhaps it took a year, but it seems to me that a year is not that long a time for a civil case to run.

        I think that you are being unduly critical here.

        • If it looks like justice to you, that's just because you're so starved for it that you no longer recognize it.

          I seem to remember reading something about someone trapped in some desert, slowly dying of dehydration. It got so bad, he attempted to drink shampoo. Maybe it's like that for you?
      • You know what would be a great way to deal with spammers?

        Tie them up, and flog them, Inquisition-style. Every 10th hit or so, you'd stop, and tell them that this flogging isn't really torture, because they specifically asked for the flogging by sending out spam. Then you'd ask them if they'd like to "opt-out" of the flogging. When they said "yes," you could take it to mean "Yes, please flog me some more." Then you could get 5 more guys to come over and flog them too.

        As a matter of fact, we could have an army of "Flog-bots" which would seek them out, and bring them to us.

        Now that's poetic justice.
        • And when they finally DO opt out, sell their name to a fellow flogger and label it as "responds to flogging".
        • by DarkHelmet ( 120004 ) <mark&seventhcycle,net> on Sunday May 05, 2002 @04:54AM (#3464956) Homepage
          Spam isn't just the emails you get for free pr0n, or opt-in... It's those people online who also get your email address because you talk to them *once* online, and they think that it's the "cool thing to do" by emailing you with every little tiny thing that they *think* is funny.

          So in addition to flogging the companies who send spam, it's about time that all those forward junkies get flogged too.. Here's how:

          You ask them to think of a number between one and ten. If the number is between 0-4, flog them that number of times, plus the year that they were born. Ask them to subtract the month they were born multiplied by the day that they were born. If they get the calculation correct, flog them that many times. If they get the calculation wrong, flog them twice as many times.

          Then ask them to think of someone that they want to be with. And tell them that this person will die unless this flogged person finds 10 other spammers to come and be flogged all the same.

          Tell them that Bill Gates/Michael Eisner (any other big exec) will personally give them a flogging if they go around saying that they'll get money in an email.

    • Re:Lunacy. (Score:2, Insightful)

      Well i dont know the particulars but it may be that the ISP desicded not to kick them off just so they limit their potential damages, in case they lost.
  • by Medevo ( 526922 ) on Saturday May 04, 2002 @10:48PM (#3464283) Homepage
    This decision will hopefully create a legal presedent, that anyone, even from Large companies to single users, cannot abuse the internet and its services.

    With this decision in hand hopefully the government can make some sort of new law that says that if you send out a large number of e-mails (spam), that your account is disabled immedatly, pending a full review. A law like this could reduce the internet bandwith signifigantly, and allow legitiment users to gain faster access to the services they desire.

    Lets see what this does in the ongoing war against internet abusers

    Medevo
  • by wackybrit ( 321117 ) on Saturday May 04, 2002 @10:49PM (#3464284) Homepage Journal
    I can't stand those morons who have to requote entire pages because they think they'll be Slashdotted. However, this is different. They linked to a RTF file, and I didn't notice, forcing IE and Word to load. Erk!

    So, for all of the people who can't/don't want to read a RTF file.. here is the text of the first link:

    (WARNING: It's really boring)

    -- starts here --

    SUPREME COURT OF THE STATE OF NEW YORK
    Appellate Division, Fourth Judicial Department

    PRESENT: PIGOTT, JR., P. J., GREEN, WISNER, SCUDDER, AND KEHOE, J. MonsterHut, INC., PLAINTIFF-RESPONDENT, MEMORANDUM AND ORDER

    PaeTec COMMUNICATIONS, INC., DEFENDANT-APPELLANT.

    BOND, SCHOENECK & KING, LLP, SYRACUSE (ROBERT KIRCHNER OF COUNSEL), FOR DEFENDANT-APPELLANT. ALFONSO MARRA BAX, LEWISTON, FOR PLAINTIFF-RESPONDENT.

    Appeal from an order of Supreme Court, Niagara County (Lane, J.), entered August 27, 2001, which, inter alia, denied defendant's cross motion for summary judgment.

    It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously modified on the law by denying plaintiff's motion, granting defendant's cross motion and granting judgment in favor of defendant as follows:

    It is ADJUDGED and DECLARED that defendant is not in violation of the agreement and may terminate the agreement in response to plaintiff's sending of unsolicited, mass, commercial e-mail in breach of the agreement and as modified the order is affirmed without costs.

    Memorandum: Plaintiff, a marketing company that uses the Internet for advertising, entered into an agreement with defendant, an Internet service provider, to obtain Internet access services. The agreement incorporates defendant's Acceptable Use Policy, which provides that a subscriber, here, plaintiff, is in violation of the agreement if it engages in "spamming," defined as "[u]nsolicited, commercial mass e-mailing." Shortly after defendant began providing Internet access services to plaintiff, it notified plaintiff of its intention to terminate the agreement based upon plaintiff's spamming. Plaintiff commenced the instant action seeking declaratory relief and an injunction preventing defendant from terminating the agreement.

    Supreme Court erred in granting plaintiff's motion for a preliminary injunction. Plaintiff failed to establish a likelihood of success on the merits (see Technology for Measurement v Briggs, ___ AD2d ___ [decided Feb. 1, 2002]; Talley v Baker, 207 AD2d 967), irreparable harm if the preliminary injunction is not granted (see Technology for Measurement, ___ AD2d ___) or lack of an adequate remedy at law (see Matter of Camp Scatico v Columbia County Dept. of Health, 277 AD2d 689, 690). Contrary to defendant's contention, however, the court did not improvidently exercise its discretion in fixing the amount of the undertaking. The amount of the undertaking is reasonably related to the amount of damages defendant established that it might suffer "by reason of the injunction" (CPLR 6312 [b]; see Blueberries Gourmet v Aris Realty Corp., 255 AD2d 348, 350).

    We further conclude that the court erred in denying defendant's cross motion for summary judgment seeking declaratory relief. Defendant established as a matter of law that the agreement prohibits spamming and that neither the two percent complaint limit contained in Addendum 1A, paragraphs 1.4 and 1.5 nor the 30-day notice and cure provision of paragraph 3 applies to spamming. Defendant further established as a matter of law that plaintiff had breached the agreement by engaging in spamming. Plaintiff failed to raise a triable issue of fact. Its submissions in opposition to the cross motion amount to nothing more than "mere conclusions, expressions of hope or unsubstantiated allegations or assertions" that it will be able to prove that it did not engage in spamming (Zuckerman v City of New York, 49 NY2d 557, 562).

    We therefore modify the order by denying plaintiff's motion, granting defendant's cross motion and granting judgment in favor of defendant declaring that defendant is not in violation of the agreement and may terminate the agreement in response to plaintiff's sending of unsolicited, mass, commercial e-mail in breach of the agreement.

    Entered: May 3, 2002 CARL M. DARNALL Clerk of the Court
    • I don't know why they need to use RTF for a legal document anyway, because they're always done in plain courier font. Might as well use an ASCII text file.

      BTW, what's up with lawyers and ugly courier documents? They use high-powered computers to draw vertical lines in the document header with ')' characters, as if all they had was an old Smith Corona manual typewriter. They always make documents on unwieldy legal size paper that won't fit in your filing cabinet. They use huge fonts that take up lots of paper. They print single-sided on heavy, thick stock. No wonder they're always running around with special 14-inch thick briefcases.

      I've gone through a few patent applications (luckily at my employer's expense), where a lot of the process was paying some attorney $200/hr to: Take my carefully formatted documents (which had nice fonts, tables and clear diagrams), and transform them almost verbatim into an uninterrupted stream of monospaced courier text. They also took my nice diagrams and redrew them in a clunky style with little number tags stuck to every line on the drawings. Oh, and every plural noun had the phrase "a plurality of" inserted in front of it. I could almost write a Perl script to do this job.

      No wonder the patent office has a hard time retaining patent examiners. Anybody would go mad reading documents all day that have all formatting and context removed.

      Why can't the legal profession just come up with a nice standardized documet template?

      • At least some of the reason is due to court reporters. Long long ago in a job far far away, I wrote court reporting software. They charged by the page, and it used to be (still is?), at least in California, copyright by the reporter, not the court, and ALL rights of reproduction were with the reporter. They charged outrageously for copies, like $5 a page, much more for "immediate" turnaround. Lawyers could not legally photocopy the transcripts for their own use, they had to ask the reporter for more copies. They were constantly fussing with ways to get more pages out of the same transcript, such as 8 pitch, fewer lines per inch, wider margins, and so on. What a racket. Of course, that was when computers were just starting in, and indeed just beginning to be usable, so things may have calmed down since.
    • I noticed when it tried to load Word, 'cause word.exe hit the firewall and stuck. I gritted my teeth and let it go ahead, but said HELL NO! to giving it automatic permission.

      What a waste loading Word for an rtf document! Wordpad would work perfectly well. I'll have to see if I can't .. convince IE not to load Word.

  • read the case documents
    the first complaint filed March 22, 2001
    items 8 and 9
    paetec allowed monsterhut to spam as long as the complaints where below 2%

    they both should be put in jail.
    this isnt a hurray for the isp and boo for the spammer. Its a spammer geting screwed by a spammer
  • by danro ( 544913 ) on Saturday May 04, 2002 @11:12PM (#3464348) Homepage
    I wish I could have been the one the one who pulled that plug...
    Man, that must have felt good...

    It probably went down something like this:
    Lucky employee> "Bite my shiny metal ass, spammers!"
    *sound of cat5 cable violently ripped out of a router*
    • by Wakko Warner ( 324 ) on Sunday May 05, 2002 @12:47AM (#3464550) Homepage Journal
      They probably just disabled their VLAN. Not as satisfying, but, generally, people who go ripping CAT-5 cable out of patch panels like a wild monkey don't last too long as network administrators.

      There are some exceptions to this rule, however.

      - A.P.
      • ...people who go ripping CAT-5 cable out of patch panels like a wild monkey don't last too long as network administrators.

        Truly. If he were a true networking professional, he would have gently disconnected the cable running to Monsterhut, and connected it to the 3-phase power terminated in the comms room just for this sort of occasion. Then blamed it on solar flares shifting the Moon's orbit, causing massive tidal shifts that have resulted in huge power spikes from the seaborn relay stations.

        And, oh, what was your username, password, ATM number and PIN, by the way?
  • 1 down.... (Score:5, Insightful)

    by tcc ( 140386 ) on Saturday May 04, 2002 @11:19PM (#3464366) Homepage Journal
    34723984723 to go...

    There's one thing I don't get. We are tax payers, the people we elect are law-makers, they are paid to find solutions to common problems. They love passing laws. But WHY do they always have to go against the population and not work with them?

    Get this: name me 10 subject that would get 99% approval among the population? heck even TAX CUT wouldn't get 99% because some people would be affraid of the system collapsing, etc etc... but SPAM? come on... if it's not 99% it's going to be 99.9%.

    My question is: Why is the system so slow about it? why am I being spammed at a rate of 80 messages a day (including 20 that passes the "HIGH" setting in my hotmail account) I mean if I get spammed, I am sure senate representatives are getting spammed like hell too, I am sure it costs microsoft a LOT in bandwidth and storage and all to keep up with spam on their service (if they have a million of users that are like me receiving 20 spam for 1 valid email (and I am not joking) their system is totally wasted for nothing.

    Why so much tolerance? why not blocking every higher class where the biggest spam machines comes from? the hell with the valid users; if they are cutted out, they will do something other than reading about it and sitting there, switch ISP or if it's another country with only one wire well they will do pressure to the higher instances to get their connection back. My way might be drastic, but I am FED UP with it, I've been waiting for 3 years for this problem to get solved and it's just getting worse.

    It's like... remember like 5-10 years ago when you could post on usenet without getting any trouble? the worst thing that could happen to you was someone using flash.c against you? :), When I saw the net going commercial, I knew this would be bad, I said "well one day everybody will have a net connection and I'll have higher speed" and this is the good side, but some days I'd rather go back to my unix dialup account and have the feeling I had without the aggression of abusive emails, script kiddies and all that crap we have these days... ok this is a bit extreme but I'm sure you all get the idea.

    We are barely starting to see something happening, but it's not by destroying the spam of ONE guy that you will scare the others off, this is going to get out of hands even worse, they will see how the legal system is bloated and exploit every single holes in it if they have to.

    The system seems to protect the megacorporation more than little guys like you and me, but in this case, it would help BOTH sides, so why is it taking so long? cut asia off for a day, heck, DO SOMETHING. Ideas? heck , these guys are payed over twice my salary to come up with creative ideas, why don't they do their jobs and save me from taking the laws in my own hands?

    • But WHY do they always have to go against the population and not work with them?

      One word: Money. They get large campaign contributions from various corporate sources, and in return, they cater to the needs of these same corporations. They're in somewhat of a difficult situation because if they don't cater to the corporations, they won't get any more campaign contributions. If they don't have campaign money, their chances of getting elected or reelected drop sharply.
      • Re:1 down.... (Score:4, Insightful)

        by tcc ( 140386 ) on Saturday May 04, 2002 @11:54PM (#3464460) Homepage Journal
        That doesn't have to do anything with spammers, they don't receive a zit from spammers, the typical spammer is a guy running a home buisness or a store that thinks like "if I send out 40,000 email and get a response from only 0.1% of that amount it's going to recuperate the costs and make it worthwhile (and it wouldn't work if people were smart, the problem is SOME people do respond).

        I still don't understand how you can operate a mouse and a keyboard, and respond to an email that will help you to get out of debt and entrust your finance to someone that SPAMMED you, I don't know what kind of education these people get but this is very sad. And this is one of the place where the government should protect people from themselves and I wouldn't say anything.

        Anyways the point is, big corporation are even more touched than us as individuals, because they get a LOT of traffic wasted on their net feed, they need extra ressources on their mail servers and either a net admin or every employee needs to check their junk folders once in a while to trim the crap from the good messaged filtered out, this costs productivity and equipment for something that shouldn't be there in the first place.

        You don't see telemarketters calling people one by one thru the receptionnist in a 1000 employee company right? you don't see vacuum vendors going from desk to desk in large corporations :). You get the idea. This touches EVERYBODY with no exeptions, this isn't a matter of having money or not, these spammers are taxing useless bandwidth, time, and hardware, and I am not even counting how many are total frauds.
        • the typical spammer is a guy running a home buisness or a store

          No, the typical spammer these days is running a highly successful scam or porn site and often has ties to organized crime. The innocent days of Sanford Wallace are gone.

          You don't see telemarketters calling people one by one thru the receptionnist in a 1000 employee company right?

          Actually, you do. Not through the receptionist, but by sequential-dialing through DID lines. There's no law against it for business lines, unfortunately.
    • Re:1 down.... (Score:3, Insightful)

      I think it's easiest to use a metaphor here, so I'll try to make it a good one. Let's start with the internet, circa 1985.

      At this point in time, the internet was much like some pristine wilderness, barely touched by mankind. The american west in the early 1800s, or maybe a south pacific island at the same time. Beautiful, clean. Able to go anywhere you want, and no one notices. Sure, you can't run down to the 7-11 and buy some chips and beer, and it can even be a rough place to live, but it's just so satisfying. Time could stand still, and you wouldn't complain.

      Fast forward to 2002. This pristine wilderness is now covered by smog (popup ads, spam) being churned out by the local factory (spamhaus). There are fences everywhere, buildings built every concievable place, and the few open areas are public parks that don't let you do anything interesting. You can't fly a kite (run a webserver on yourr cablemodem, perrhaps). You can't put whatever sign you want on the front of your leased office building (hosted website). The zoning officials are constantly demanding bribes. And the crime rate in your section of town is horrifying. Not that anyone ever comes here anymore, ever since the Best Buys and Amazons bribed the local politicians to stop the expressway from coming through that area (baby bell dsl fiasco).

      Face it, the internet is now one large inner city ghetto, and you don't have any money to move.
    • Re:1 down.... (Score:3, Insightful)

      Get this: name me 10 subject that would get 99% approval among the population? heck even TAX CUT wouldn't get 99% because some people would be affraid of the system collapsing, etc etc... but SPAM? come on... if it's not 99% it's going to be 99.9%.

      My question is: Why is the system so slow about it?


      Because some people would consider Spam to be speech (as in "free speech"), which makes it a Constitutional issue. And the courts are slow (or "deliberate", to spin it more positively).
      • Re:1 down.... (Score:3, Insightful)

        Not just a constitutional issue, but a constitual issue. Even if the spammers don't give a dime in campaign contributions, the esteemed members of congress know that the majority of the money they do get comes from corporations. If spamming were successfully regulated and that regulation passed judicial review, it would establish precedent for corporate speech not being considered worthy of protection under the first amendment. It is only a small step down the slippery slope to go from regulating spam, to regulating the bribe economy that state and federal governments run on.

        For if corporate speech is not free, then all the campaign contributions that have corrupted the hell out of our legislative system are no longer considered a protected right of the American corporate citizen. Thus the status quo for the ruling elite would change dramatically (until a new loophole was found). Those ruling elite up in washington like things the way they are, it's a great gig if you can get it, as the saying goes and they don't want to lose it.
    • Amazing that this stuff get's mod'd up. Maybe 99% of slash moderators are also so fed up with spam they're willing to "throw the baby out with the bathwater".

      Get this: name me 10 subject that would get 99% approval among the population? .... but SPAM? come on... if it's not 99% it's going to be 99.9%.

      It all depends on how you ask your questions. Maybe if you ask "should something be done?" you _might_ get 99%. If you include a phrase such as "potentially risking free speech rights for some" or "potentially hindering legitimate commercial email", I doubt you'll get 99% !

      Of course, the age-old debate of opt-in vs opt-out comes up somewhere in this whole debate. 99% agreement would be nice, but it just ain't gonna happen. Of course, what percentage of reasonable thinkers do you suppose would agree with this next quoted section (note the boldface phrase):

      Why so much tolerance? why not blocking every higher class where the biggest spam machines comes from? the hell with the valid users; if they are cutted out, they will do something other than reading about it and sitting there, switch ISP or if it's another country with only one wire well they will do pressure to the higher instances to get their connection back. My way might be drastic, but I am FED UP with it, I've been waiting for 3 years for this problem to get solved and it's just getting worse.

      Amazing.

      Despite your lack of reasonable perspective, spam really is becoming a problem and there's already been a number of state laws passed, and some failed attempts at (US) nationwide law. When it comes to making public policy, it's not a simple matter, and fortunately lawmakers don't live in such a simple ("hell with the valid users") world.

      But there is something that can be done about the problem right now. Use the SpamAssassin Filter [spamassassin.org]. I do. It works really well, and you can adjust the settings and set your threshold as high or low as you like. I personally enable the RBL and Rozor tests and set my threshold fairly high, so there's virtually no chance of losing any valid emails, yet almost all spam is filtered to a separate inbox (via procmail in my setup). Maybe you'll choose a really low threshold... the hell with the valid users.

    • Agreed about hotmail, but the funny thing is the best "spam filter" on hotmail is the custom filters, just add @msn.com and @yahoo.com and move to the trash.

      Last time I checked my junk account: 12 SPAM in the trash, 1 got thru.

      Or, the ISP should have done like Charter Sipping Straw...ahem...poopline, err, pipe line does:
      Limit them to 12kbytes a second...MAX.
      Unless they had a specific contract that said they are paying for high bandwidth/availability... don't give it to them.
      (I.E. Treat them like a "normal customer"..heh)

      .
    • How do you propose to pay for the enforcement of these spam laws?

      Whether or not you get support from 99% of the public depends on how you phrase the question. "Do you want to make spam illegal?" is one thing. "Do you want to spend billions of dollars without making any progress toward solving the problem?" is another.

      How much are you willing to spend to stop spam?

    • Re:1 down.... (Score:3, Interesting)

      by ewhac ( 5844 )

      There's one thing I don't get. We are tax payers, the people we elect are law-makers, they are paid to find solutions to common problems. They love passing laws. But WHY do they always have to go against the population and not work with them?

      Because elected officials are no longer representing you, but their campaign funding sources. The right to be heard is now only available to those who have paid for it.

      Want to know the fastest way to get spam outlawed? Use it for political advocacy for the upcoming election. Hey, it's extremely cheap, and spammers claim it's effective, so why not use it to shake up the status quo? If you're successful, you'll vote the bastards out. If not, you'll get spam outlawed (after all, we can't have the proles thinking they have any say in government (note: sarcasm)).

      Schwab

  • going to make my penis bigger for the web's youngest teen babes?
    • Today I got a porn spam entitled 'Illegal in the USA!' and inside it had a list of what 'illegal' stuff they had on their site. The list went like this:

      Animal sex!
      Lolitas sucking
      Extreme facials
      12 inch+ cocks

      I know American men aren't very well endowed, but are cocks over 12 inches long actually illegal in the US? ;-)
      • Yes, sadly many of us have had to suffer through a trimming process to return our penises to the accepted legal limit of 11 inches. The procedure is quite painful and involves a fair amount of screaming. This law has caused a massive "cock-drain" of American porn-stars into other countries with less restrictive penis size limits. The American pornography industry has suffered accordingly with some recent features starring men with less than impressive 6 and 8 inch penises. Please, if you are in the US, lobby your congressman to overturn this heinous law and bring back our former pornographic glory in the US!

        Kintanon

        It's funny, Laugh!
  • by Misch ( 158807 ) on Saturday May 04, 2002 @11:20PM (#3464374) Homepage
    Here is the original /. story [slashdot.org]

    Essentially, here's the lowdown: PaeTec entered an ISP agreement with Monsterhut. PaeTec was informed that Monsterhut was a marketing service that used opt-in service only.

    PaeTec soon found out how wrong they were represented. But, before PaeTec could pull the plug, Monsterhut went out and got a restraining order under the basis that their business would be "irrepreably harmed" if their ISP service was shut off.

    Monsterhut judge shopped. Found a judge that would grant their injunction.

    The problem in court lied over ambiguous language of what the actual acceptable use policy would be. THe terms read something like complaints by 2% of the mails... but, since MonsterHut claims it sends out millions of mails, there certainly wouldn't be any way that PaeTec could get complaints in that number.

    Thankfully, the judge saw through the bullshit in this case.
    • by Bios_Hakr ( 68586 ) <xptical@g3.14mail.com minus pi> on Sunday May 05, 2002 @12:08AM (#3464491)
      To me, that sounds like a great reason to start an upgrade on your router infrastructure. Of course, the only router that actually needs upgrading is the one Monsterhunt is connected to. Did I mention that the tech installing the new router accidentaly dropped it, twice. Then in the process of picking it up, a forklift backed over it. Oh, Cisco routers are in short supply, it'll take 3 months to get another. We will use a win95 box with 2 NICs and some clothesline as a router and cabling till then. Oh, darn, we gotta do hourly reboots. And because we are loading every service known to man, it takes at least 55 minutes to complete booting.

      I'm not trying to be funny here, but if there is a cat-v cable next to my desk, sometimes my chair will accidentaly pull it out. Hey, sometimes routers need to be upgraded. Sometimes, while pulling new cable, the older cable gets frayed and burned.

      If you have a cable in my company, and I don't like you...you are hella-fucked. No matter what anyone says. I will come up with a good reason, I will pull your cable, and (if the TOS requires avalibility) I will refund your money with a big apology.
      • If you have a cable in my company, and I don't like you...you are hella-fucked. No matter what anyone says. I will come up with a good reason, I will pull your cable, and (if the TOS requires avalibility) I will refund your money with a big apology.

        I agree with you 100%... but... when the judge lays down a 5 figure/hour fine for unavaliability and contempt of court charges... you'll probably keep it up.
      • Actually, Monsterhut probably got the best service of all their clients/customers, because they were under court order. One thing a business doesn't do (and can't afford to do), is not follow a court order to the tee, even if it isn't correct or even legal, in this case. You have to do it the legal way, which unfortunatly in this case takes a long time.

        If the ISP in this was did not provide faithful and reliable service on par with their performance with the rest of their customers, they would have been found in contempt. That wouldn't look good legally for them, nor would it help their case. Making excuses of upgrades and massive downtime wouldn't fly in a production environment, and would be really childish too.
        • Yeah, I know. Still, maybe just fuck up the routing tables to send their packets through every router in the building...twice. Then dump it out of a 56k dialup from an ISP in Tiwan. Or even better, add the judges' account to a Monsterhut spam list.
          • post the execs' phone numbers, addresses and credit card numbers on usenet :-)
          • Still, maybe just fuck up the routing tables to send their packets through every router in the building

            Willfully disobeying a *court order* to provide service? Nice. You are not Kiefer Sutherland or a rogue cop out for justice. This is not 24. Your sense of cleverness and independent retaliation just cost your hypothetical employer hundreds of thousands of dollars, and probably the court case itself. Remind me never, ever to hire you.
      • So it's been established that PaeTec must obey the court order. But, how about their peers ? PaeTec would have links to various other ISPs and backbone types. What if someone informed those ISPs of Monsterhut's static IP address, and they dropped all packets coming from there ?

        What would happen then ? That's not PaeTec's fault. And, those ISPs could cite their own AUPs.
      • Hate to break it to you, but judge's orders
        are things with which you must comply
        not just to the letter, but to the spirit.
        Otherwise, it would indeed be beautiful to do
        that.
  • A license to spam (Score:3, Insightful)

    by mrsam ( 12205 ) on Saturday May 04, 2002 @11:21PM (#3464378) Homepage
    The problem with the whole Monsterhut situation was that they basically had a completely free hand at spamming the shit out of everyone's mailboxes, while this whole thing slowly made its way through courts. Monsterhut obtained a TRO against being shut down by Paetec for any reason, while this whole thing was playing out.

    Nice, eh? A license to spam.

    Well, it's all water under the bridge now. The consensus in various forums where this whole issue was discussed to death was that Paetec was making a good-faith effort to get the whole mess resolved and Monsterhut shut down. I don't know, maybe it's just me, but I always had the impression that Paetec was always too eager to trot out the excuse that they are prohibited by court order from shutting down this spamming parasite, in response to every spam complaint (with a generous side-order of crocodile tears).

    Anyway, I firmly believe that Monsterhut had a pink contract [com.com] here, but when the complaints began to roll in, and Paetec's IP address space began to get blocklisted, Paetec began backtracking, trying to invoke their standard AUP close, and Monsterhut responded by taking them to court.

  • by PEN15 ( 571763 ) on Saturday May 04, 2002 @11:29PM (#3464396)
    This post has relevant comments from the Paetec abuse admin. Funny stuff about imbibing!
    Path: news.newzpig.com!newsfeed4.cidera.com!newsfeed1.ci dera.com!Cidera!cyclone.nyroc.rr.com!cyclone-out.n yroc.rr.com!typhoon.nyroc.rr.com.POSTED!not-for-ma il
    From: "kajr" <kajr@nospam.here.com>
    Newsgroups: news.admin.net-abuse.email
    References: <YVBA8.18820$A%3.180778@ord-read.news.verio.net > <d486du48c1vdnel5ptf9mrsle2t9ubn3a2@news.supern ews.com> <3cd347f3.34257321@news.concentric.net> <4mIA8.160514$kq1.3353186@news20.bellglobal.com > <tkPA8.10383$JZ6.217176@dfw-read.news.verio.net > <jv58dugmfojrkrhso8kgmc7v6gmuap4t68@news.supern ews.com> <Pine.HPX.4.05.10205041408150.21527-100000@blue jay.creighton.edu> <zPWA8.165413$kq1.3804030@news20.bellglobal.com >
    Subject: Thank you
    Lines: 51
    X-Priority: 3
    X-MSMail-Priority: Normal
    X-Newsreader: Microsoft Outlook Express 6.00.2600.0000
    X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2600.0000
    Message-ID: <w%_A8.19724$2G1.6250654@typhoon.nyroc.rr.com&g t;
    Date: Sun, 05 May 2002 00:27:08 GMT
    NNTP-Posting-Host: 24.97.98.225
    X-Complaints-To: abuse@rr.com
    X-Trace: typhoon.nyroc.rr.com 1020558428 24.97.98.225 (Sat, 04 May 2002 20:27:08 EDT)
    NNTP-Posting-Date: Sat, 04 May 2002 20:27:08 EDT
    Organization: Road Runner
    Xref: cyclone1.midsouth.rr.com news.admin.net-abuse.email:1537169

    "Android Cat" <androidcat99@hotmail.com> wrote in message
    news:zPWA8.165413$kq1.3804030@news20.bell global.co m...
    >
    > I'd just like to say that the abuse department deserves a big hand. I
    > don't remember them losing their cool once in the last year. It must have
    > been tough with:
    >
    > 1) All the abuse they got at abuse@ and here.
    > 2) That itchy feeling of wanting to yank Monster the Hut's cable and plug
    > it into a HVAC line.
    >
    > Well done!

    On behalf of the aforementioned Abuse Desk, thank you. Action was swift and
    sure, to be sure.

    I offered to monitor NANAE about six months ago, but was asked not to post
    (outside of announcements like yesterday's), and let me TELL you, it was
    tough at times. Quite the learning curve. I have at times felt quite tired,
    beat up, abused, and plain old tread upon. I started working for the
    defendant AFTER this all got rolling, so I was not able to be a part of the
    ignoble beginning, BUT I am the main guy who keeps other spammers off our
    network. We have had numerous successes through the past nine months along
    these lines, both with stopping spammers and closing down our customers'
    inadvertent open relay servers. Unfortunately, this work has remained
    largely overshadowed by the one thorn. Rest assured, I am committed to
    continue the fight against spam, and will remain here as long as I am
    welcome.

    <blush>I'm getting all goose-pimples, "coming out" and all</blush>

    On V-Day, as soon as we got the news, and got it published, I beat a path
    here to let you all know. Shortly thereafter I witnessed the "shutdown"
    command being typed as we imbibed (modestly, being at work and all), and
    then I personally removed as much of the customer as I could from our
    systems. We will reserve the Class C blocks until we are sure that most of
    the blackholes have been removed.

    I guess when all is said and done, this is one huge judgment which should
    become all the more important as time passes on. To all those who took the
    time to submit affidavits, as well as those who supported us regardless of
    how insane every angle appeared, thank you. I will share more as I become
    better acquainted with you all. Maybe I'll write a book about it someday.

    kajr
    - - - -
    May 3, 2002...the Internet became a better place
  • ...because the Monsterhut spammers are still alive. I don't mean connected, I mean that the people behind the outfit haven't been executed. The spam problems will not stop until it is legal to kill confirmed spammers.
    • Two "pump'n'dump" stock spammers were shot and killed in New York (I think) a year or so ago. No one on NANAE has admitted to it, and it was probably some people who took a bath on their stock fraud.

      Just remember what happened to Keith Henson when $cientology took some "Tom Cruise missle" remarks out of context in court.

      Of course, except in the worst cases, I'd settle for a permanent tattoo of "Spammer" on their foreheads.

  • I read some of the depositions. The PaeTec VP of engineering said they use Verio, and Verio's contract prohibits PaeTec from engaging in spamming or permitting any of its customers from engaging in spamming. So it should be no surprise that their Acceptible Use Policy specifically prohibits spamming (defined as unsolicited commercial mass e-mailing).

    The CEO of MonsterHut (Todd P. Pelow, if anyone wants to drop an unsolicated flaming bag of shit at his door) responded in a deposition: "MonsterHut has never agreed that what they have done is spam. Spam is mail without accurate headers, with no opt-out mechanism and without an honest subject line." and furthermore "They send targeted e-mail to those who have opted in to the world of the Internet and said 'Yes I would accept offers that may interest me'."

    This guy is whacked. Opted in to the world of the Internet? So when I signed up with my ISP it was the green light for MonsterHut? He seemed to think that their Addendum to the PaeTec contract would protect them; the pertinent bits are
    "MonsterHut Inc. agrees not to exceed a total of 2 percent in e-mail complaints as a result of the total amount of Target Email Marketing Distribution MonsterHut Inc. sends out. PaeTec agrees not to terminate MonsterHut, Inc.'s Internet Services provided the 2 percent complaint limit of the total amount of Email Marketing Distribution is not exceeded, and provided that MonsterHut Inc.'s Internet Services otherwise complies with this Agreement and with application law.

    By arguing that MonsterHut doesn't send spam, he thinks it would be almost impossible for PaeTec to prove that their victims hadn't opted in at some point in their Internet lives. And if it's not spam, what's the big deal? They were under the 2% complaint rate. What an ass.

    I read enough to find them guilty as charged. :)

    For those who want to double-check this, I was reading from here [paetec.net] and here [paetec.net].

    • Todd Pelow (who deserves death for his actions) is claiming that spamming is something other than what it really is to avoid blame that he rightfully deserves. This should come as no surprise as it is well-established that spammers are liars (as well as thieves).
      • Well it sounded like the PaeTec VP had some actual e-mail messages (from MonsterHut) that fit Pelow's definition of spam. Amazing that it dragged on for so long.

        And seriously, read his deposition (if you haven't). It's laughable.
    • Todd P. Spammer claims that his targets have opted in and said "Yes I would accept offers that interest me" and that therefore his email is not spam, claimed it in court, and attempted to use it for financial gain, by continuing to use his PaeTec connection when in fact he knows he's violating the AUP, and by using it to spam people. But there are lots of affidavits out there from recipients of his spam, and presumably complaints about it have gone to him, so it's extremely difficult to claim ignorance even if he could.

      This is different from the typical spammer who just lies to the recipient about "you must have opted in so we're sending you this junk offer" or "we'll remove you from the list we used today if you email us", because it's about specific facts, and it's also in court. It's still lying, of course, but sometimes lying becomes fraud and perjury as opposed to merely an attempt to gain attention or deflect complaints.

  • by Seth Finkelstein ( 90154 ) on Saturday May 04, 2002 @11:53PM (#3464454) Homepage Journal
    For a good summary of this spammer, see Monsterhut's LONG record [spamhaus.org] in the spamhaus.org [spamhaus.org] registry of spam gangs [spamhaus.org]

    In particular, look at the Advice for those they spam [spamhaus.org]

    In the May 2002 judgement of the SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department, Monsterhut were found to be spammers who where spamming.

    If you live in one of the many US states that allow action against spammers and were spammed by Monsterhut (aka Beaverhome, aka Furniture4free) here is a perfect way to "remedy" the situation. Although they may try, it is unlikely Monsterhut could convince anyone that they are not spammers in light of the judgement. File a claim in your own jurisdiction citing your laws and the state of New York court judgement that defines what they do.

    In Canada (Monsterhut aka Beaverhome, aka Furniture4free other home), the nation's new privacy laws may enable citizens to file claims. Be sure to mention their 1999 loss in Canadian court (1267623 Ontario Inc. v. Nexx Online Inc.) where the Ontario Superior Court of Justice denied their motion, ruling that "Sending unsolicited bulk commercial e-mail is in breach of the emerging principles of Netiquette..."

    Sig: What Happened To The Censorware Project (censorware.org) [sethf.com]


  • Wanted: Hosting ISP with lots of connectivity. Perfer a company with small legal team and not very deep pockets. We Promise [TM] not to Spam [TM].
  • C|Net's article (Score:3, Informative)

    by Chazmati ( 214538 ) on Sunday May 05, 2002 @12:22AM (#3464514)
    There's a decent, if outdated, summary of the case here [com.com] .
  • My only question:

    What would Bernard Shifman do if his ISP pulled the plug on him? Just an interesting thought for the /. community to ponder. I think the answer would be obvious to some.

    Oh, and in case you need a refresher: http://www.petemoss.com/spamflames/ShifmanIsAMoron Spammer.html [petemoss.com]
  • by marauder ( 30027 ) on Sunday May 05, 2002 @01:01AM (#3464570)
    That's neat... I remember months ago using SpamCop to report a Monsterhut spam, and receiving a reply from PaeTec essentially spelling out the case underway and asking for depositions from spam recipients. Monsterhut had been arguing that what they were doing was not spam and that all recipients had opted in, and PaeTec needed statements to the contrary.

    I wrote out my deposition, had it notarised and sent it off to New York in December last year, and that was the last I heard of it. It's nice to learn that it all worked out eventually.

    • I've wondered;

      How does SpamCop deal with Outlook [Express], which auto-trims the relevant headers?

      • Unfortunately, Spamcop insists on having the relevant Received: headers, and won't do anything without them, even though it still could generate complaints about the websites or mailtos in the message body. (It doesn't bother generating complaints to the sysadmins of the From: addresses, because they're forged or bogus way too often.) Also unfortunately, Outlook and/or Exchange (I can't tell which, since all my Outlook mail comes from an Exchange server - this is full-scale Outlook, not Express) eats the useful parts of the Received header.) The full header looks like:

        Received: from foo.example.com (192.9.200.1 (smtp.example.com))
        by mailserver.mydomain.com someversion-info
        for Fri, 1 Apr 2002 23:59:59 -7:00 (PST)

        and I can only get the show-the-real-headers material to give me the "by" and "date" portions, which isn't what Spamcop is interested in.

        So normally I can only use Spamcop to report mail on my home email address - but lots of it's the same spam :-)

  • Ain't Google Grand? (Score:5, Informative)

    by ct ( 85606 ) on Sunday May 05, 2002 @01:02AM (#3464573) Homepage
    Exhibit A [netsol.com]
    -----------
    Domain Name: MONSTERHUT.COM

    Administrative Contact, Technical Contact:
    Master, Host (HMC407) hostmaster@MONSTERHUT.COM
    MonsterHut.com
    4390 Paletta Crt
    Burlington, ON L7L5R2
    CA
    716.298.9797 716.98.4719

    Exhibit B [216.239.39.100]
    -----------

    2 Bedroom Penthouse - Only $350/month!

    2 bedroom spectacular penthouse in beautiful Delaware District. Only $350/month! This one will go fast! Need to sub-lease immediately for at least 1 year as I need to leave the country on business. Very clean. Elegantly furnished. Vaulted ceilings. Hardwood floors. Maid service paid for. Pool, Jacuzzi, Gated community and 2 underground parking spots. What else could you ask for! Call Todd Pelow at 716-298-9797, 9-5 Mon.-Fri. and 716-822-3047 after hours and weekends until 11pm.

    [/voice in head on]

    Ain't that a coincidence??? A with the SAME NAME, who uses the SAME daytime contact # of (716)298-9797 just happens to have a penthouse for rent?? And it's in my price range too !!!

    Too bad it's not 9-5 Mon-Fri - OH LOOK - he left his cellular number of (716)822-3047 ! I really hope there aren't geeks here who would also want to rent that Penthouse, or I may have trouble getting ahold of him due to the flood of calls!

    [/voice in head off]

    Ain't karma a bitch Todd? The best part is - the call won't be UNSOLICTED since you asked for it right above... oh the irony is poetic.

    //ct


    • Actually, Exhibit B above should link to this :

      (right sidebar, half way down) [216.239.35.100]

      No use in providing half the proof....

      //ct

    • This is my favorite part...

      "I need to leave the country on business."

    • Has anyone stopped to wonder what is wrong with this situation? Subleasing a 2BR apartment in anything but Crackville for $350/mo is surprising, but a furnished penthouse with pool, jacuzzi, and underground parking???

      What I think would be the ultimate in irony would be if someone called him, leased it (bought connectivity), signed a contract (put some dipshit 2% thing in), shit all over the hardwood floors (spammed the net community mercilessly), garnered complaints from the neighbors (innundated the abuse desk), had the police show up because of noise (threat of IDP), wrecked all the rurnishings (rendered the IP block useless as tits on a bull because of blocks placed by net.admins), and got Todd evicted for being a nuisance to those around the apartment (finally tossed off the net).
    • how convienient...I just received a mortgage spam - fill out the online form...

      I'm SURE Todd may be needing such a service since he must move. I'll just opt him in out of courtesy.

      Poetic justice at last

  • I was one of the people who sent an affidavit stating that I had received spam from MonsterHut. In particular, they were trying to sell me their spamming services, and I suspect they got my e-mail address from a domain registration.

    MonsterHut swore in court that everything they sent was strictly opt-in. Yeah, like I'd opt in for that.

    Congrats to PaeTec and their legal firm.
  • by sparkeyjames ( 264526 ) on Sunday May 05, 2002 @03:24AM (#3464833)
    Despite the fact that I love to see a spammer take a good legal hit. It saddens me that none of you have seen the REAL legal implications from this judgement.

    This allows any ISP to claim a violation under there "Acceptible use policy".

    "Memorandum: Plaintiff, a marketing company that uses the Internet for advertising, entered into an agreement with defendant, an Internet service provider, to obtain Internet access services. The agreement incorporates defendant's Acceptable Use Policy, which provides that a subscriber, here, plaintiff, is in violation of the agreement if it engages in "spamming," defined as "[u]nsolicited, commercial mass e-mailing." Shortly after defendant began providing Internet access services to plaintiff, it notified plaintiff of its intention to terminate the agreement based upon plaintiff's spamming. Plaintiff commenced the instant action seeking declaratory relief and an injunction preventing defendant from terminating the agreement."

    Note that this judgement does specificaly target "spamming ie mass unsolicited email" but you must think beyond just that small detail and take into consideration the larger implications of agudgeing the legality of the "Acceptible use policy"
    This friends is trouble with a capitol T.
    For instants... Say a mega large software company *cough* Microsoft *cough* with far reaching clout can convince an ISP to include a rule whereby using blah blah blah free-software is not considered acceptible use. Now suppose it convinces 100's of ISP's to include this.

    The legal ramifications are ENOURMOUS.

    Pray to god none of Billy's legal staff thinks of this.
    • Oh no! Customers will now be able to be cut off for breach of contract! What a devastating new development!

      Please...

  • Heh.. What a chance that I just got involved with a similar discussion on NANOG.. About the real costs of Spam. (So far, only one person has given me anything approaching a number. Paul Vixie himself dodged the question for how much Spam costs.)

    The number, BTW, looks to be about $.00001 to $.0005 per email, and perhaps less for spam.

    But, anyways.. Keep in mind that the cure may be worse than the disease.. Spam sucks, spam is annoying. But finding the *WRONG* cure for it can be worse than the existance of Spam in the first place!

    Fascism in germany got its inital support because ``It made the trains run on time.'' We must be careful to not support fascists ``because they stop spam.''
  • is a self perpetulating haven for ambulance chasers. It encourages speculative legal actions irregardless of their merit. The litigant never has to worry about the total cost of the case.

    This will not change until its reformed to follow practice of other countries based on common law.

    If this was the UK/Ireland/Australia/wherever the losing c*nting spammer in this case would be left with nothing only the shirt on his back after having to pay ALL the expenses the ISP incurred w.r.t this case over the past 12 months as WELL as his own legal expenses.

    In fact its doubtful it would have come to trial at all. The barrister acting on behalf of the plaintiff would have made it plain b4 hand that the action was shaky and would have painted a less than rosy picture of the likely financial outcome.

    Curmudgeon
  • by Moderation abuser ( 184013 ) on Sunday May 05, 2002 @05:10AM (#3464975)
    The more people and ISPs who start using software like Pyzor the more pointless spam becomes. It routes directly to a spam mailbox completely bypassing potential customers.

    http://pyzor.sourceforge.net/

    The more users it has, the more effective it becomes. Pyzor uses a central database of spam hashes to compare incoming mail against. If the hash of the body of the incoming mail matches an entry in the database then it's a spam. Discard it.

    Sure someone will followup to say that they'll include random characters in each individual mail to change the hash values or they'll change parts of the message on each mail. Yes the authors are aware of this and the software already takes this into account.

  • Spam, Spam, no good for you,
    Cut me off and I will sue.
    If and when I lose my case
    I'll just find another place for

    Spam, Spam, no good for you,
    ...
  • If PacTec won the lawsuit against Monsterhut, why is it they're still in Spamhaus' "realtime" statistics as being up and being on PacTec's servers?
  • Does anybody know what spamming technologies they used? I don't mean the actual content of what they're selling, but whether they were abusing open relays, or were they sending out spam that was easily traced back to their IP addresses, and were they sending it all out as "Monsterhut", or as dozens of different domain names?

    If they're sending it out directly, without abusing relays, it's easy for ISPs to block their IP address space to avoid receiving spam from them.

    Also, while Paetec was enjoined from cutting them off, Paetec's upstream providers, who also have AUPs that ban spamming, could still have done so - either by filtering the packets at the routers where they connect to it, or by advertising blackhole routes (or both - BGP is your friend...) That would cut off abuse of relays as well as direct-delivery spam.

UNIX was not designed to stop you from doing stupid things, because that would also stop you from doing clever things. -- Doug Gwyn

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