People v Caputo - Exhibit F - 12/10/01 - Caputo Says "anadvocate" Told Him He's Sorry

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Date: Mon, 10 Dec 2001 18:41:55 -0800 (PST)
From: Altopia Abuse Admin <abuse@alt.net>
To: Sarek <sarek@nym.alias.net>
Subject: Re: An Altopia user is forging my name and email
In-Reply-To: <Pine.LNX.4.33.0112051626510.6680-100000@nacho.alt.net>
Message-ID: <Pine.LNX.4.33.0112101841230.15997-100000@nacho.alt.net>
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Hi. The person who used your nym says they are sorry and will stop.

Chris Caputo
President, Altopia Corporation

On Wed, 5 Dec 2001, Altopia Abuse Admin wrote:
> Hi. We warned the user to stop the forgery on 12/3/01. Unfortunately,
> our message to the person did not make it to them and bounced. As a
> result, we have disabled their account today, as is our standard practice
> when we try to contact a customer and the email bounces.
>
> When/if the customer replies, the warning will be passed onto them and
> their account will be reactivated. If, after that point, they continue to
> forge your email address, then they will lose the ability to post.
>
> Chris Caputo
> President, Altopia Corporation
>
> On 5 Dec 2001, Sarek wrote:
> > On Mon, 3 Dec 2001 10:27:04 -0800 (PST), Altopia Abuse Admin
> > <abuse@alt.net> wrote in
> > <Pine.LNX.4.33.0112031026470.25309-100000@nacho.alt.net>:
> >
> > >Hi. I have warned the poster. If this forgery continues, please let
> > >us know.
> >
> >
> > Hello again, Mr. Caputo:
> >
> > You asked me to let you know if the forgery continued. I am now letting
> > you know.
> >
> > Below are full copies of SIX (6) ADDITIONAL FORGERIES committed since
> > last we spoke.
> >
> > I've also included a full copy of his December 2, 2001 post:
> > <3c0a9ab0.40566116@news.alt.net>
> > which was a forgery he sent BEFORE we spoke, one which I inadvertently
> > neglected to include in my prior correspondence to you. In it, your user
> > states in part his future intention of forging my name and real email
> > address in over 70 newsgroups:
> >
> > "I feel it neccessary to expand the discussion to the
> > 70 or so abw* groups available on altopia. I'll continue to
> > do this until Chris pulls the plug on me."
> >
> >
> > Mr. Caputo, please understand what is happening here. This individual
> > has made a conscious and willful effort to deceive and mislead. He has
> > impersonated me by deliberately using forged headers and identifying
> > information, and the correspondence I have received from you now, that
> > which I am replying to, places you on actual notice of this condition.
> > He continues posting through Altopia, using your servers to unlawfully
> > forge my name and my real email address.
> >
> > I have been unable to prosecute him for mailbombing me because he used
> > open servers to transmit his attacks, but this isn't the case now, because
> > he doesn't care about using open servers anymore, instead he's using
> > Altopia Corporation servers to defame my name and post under my
> > real email address without my authorization. Despite your 'warning', he
> > continues to forge my real name and real address and continues to
> > knowingly cause me to receive unsolicited correspondence, in violation of
> > Title 19.190 RCW of the State of Washington which, together with
> > applicable provisions of the U.S. Code, prohibit this form of unlawful
> > communication from a computer located in the State of Washington when the
> > sender knows knows or has reason to know the communication is being sent
> > to Washington. Here, the burden of "reason to know" on behalf of this
> > Altopia abuser was satisfied by the placement of your physical address on
> > the web site of Altopia Corporation, which you have rightfully done;
> > therefore the liability of this individual is no longer in question, and
> > the damages are quite clear.
> >
> > This is a serious matter, Mr. Caputo. It is electronic forgery, an
> > offense punishable under criminal statutes as well as civil in many states.
> > Mr. Caputo, I'm afraid a 'slap on the wrist' is just unacceptable. This
> > individual CONTINUES to engage in the behavior of forging my name and
> > real email address, even AFTER your 'warning'. And so I am respectfully
> > requesting, AGAIN, that you immediately terminate the account of this
> > person. He has received your warning and he has failed to comply. He has
> > completely disregarded your demands to stop, exactly as he has mine.
> >
> > Mr. Caputo, I am very sorry for having to burden you with this, but I
> > have been distressed and harrassed for approximately three months by this
> > individual. The unwanted email I receive from him contains graphic and
> > explicit sexual content and profanity, and two letters contained threats
> > of physical violence. I have a home and a family. I have an 11-year-old
> > daughter and a 10-year-old son who both use my computer. I am afraid
> > that someday one of them will see these profane emails even though I keep
> > deleting them, because they arrive by the hundreds. These emails don't
> > relate to you because they were not sent through Altopia, but Mr. Caputo,
> > I am alerting you of them to make you understand a bit more clearly what
> > kind of person you're dealing with. I need to take some action to cause
> > him to stop, to show him that he cannot get away with anything he wants.
> >
> > It is one thing to allow free speech, Mr. Caputo, but it is quite
> > another to allow machinery under your custody and control to act as a
> > conduit for criminals to forge one's name and real email address. I am
> > quite sure that if this abuser posted as ccaputo@alt.net, and made posts
> > through Altopia pretending to be YOU, that you would not have reacted
> > with such a generous warning. A warning which he has disregarded anyway,
> > as you can see from the attachments annexed below.
> >
> > This being the second advisory to you, and your subscriber CONTINUING to
> > engage in forgery of my name and real email address in complete and
> > utter disregard of your warnings, please let me know of your intentions.
> >
> > Yours truly,
> >
> > XXXXXXXXXX XXXXXXXXXX <--------------------------- [NAME DELETED]
> >
> >
> >
> >
> > -----------------------------------------------
> >
> > Full copies (bodies and headers) of:
> > <3c0da73c.174869915@news.alt.net>
> > <3c0fad2e.176392103@news.alt.net>
> > <3c0c3de3.147896821@news.alt.net>
> > <3c0e51ac.41174543@news.alt.net>
> > <3c0f5431.41820221@news.alt.net>
> >
> > Additionally, full copy (body and headers) of:
> > <3c0a9ab0.40566116@news.alt.net>
> >
> > -----------------------------------------------
> >
> >
> >
> >
> > Path: news.alt.net!usenet
> > From: sarek@nym.alias.net (Sarek)
> > Newsgroups: alt.binaries.warez.ibm-pc.d
> > Subject: Re: Important Question for the Group <from 0-day >
> > Date: Tue, 04 Dec 2001 17:05:59 GMT
> > Organization: .
> > Lines: 144
> > Message-ID: <3c0da73c.174869915@news.alt.net>
> > References: <3c24bed0.117314714@news.alt.net>
> > <op0l0uk1r5bcdl130u42f84qlkginuoufr@4ax.com>
> > <lDMr34l0uouf66uu6ksdoana5pnlen7hrvh28@4ax.com>
> > <3c0a9ab0.40566116@news.alt.net>
> > <lDMcgdl0u42pd1alg96v8e8o3ba1i79h1j4kh@4ax.com>
> > <3c0d6254.91681182@news.alt.net>
> > <2hmo0ugeb1ik63nd7mlhehusfltip5n3b1@ppn.ragnarok.org>
> > Reply-To: sarek@nym.alias.net
> > Mime-Version: 1.0
> > Content-Type: text/plain; charset=ISO-8859-1
> > Content-Transfer-Encoding: 8bit
> > X-No-Archive: Yes
> >
> > :That was rejected.
> >
> > :This is the discussion group. This is the appropriate location for discussion.
> > :ABWI was notified and followups were set. This is precisely the place for the
> > :discussion to be held, and no where else.
> >
> > o you know who pays for http://www.warezfaq.org ?
> >
> > :There is nothing criminal about the FAQ, or about reading it. No SPA/BSA
> > :subpoena could be obtained, either, regardless where it was hosted. Strawman.
> > :
> > :Where did you come from? Who are you? What is your standing? You appear out of
> > :the woodwork, with no background, no history, yet you presume to make
> > incorrect) assertions about the people working on the new WarezFAQ.
> >
> > :And what "security" is needed to read a FAQ? Are you confusing it with kiddie
> > orn, perhaps? <eg>
> >
> > :No, it's dealt with. Reasonable input is dealt with reasonably, unreasonable
> > :input is dealt with appropriately. The majority of usable suggestions have
> > been
> > :incorporated, so you lie yet again.
> >
> > :The remainder of the post was mainly an hysterical rant, full of inaccuracies
> > :and misleading statements.
> >
> > :Again, an outright lie. It was CAREFULLY posted in ABWI - which, since it is
> > the
> > :ABWI FAQ that is being crafted, is precisely where it should have been
> > :mentioned, not in alt.sex.babies, or any other of your "preferred groups." <s>
> >
> > :Bye (again) <s>
> >
> > :Again, it was.
> > :Liar liar pants on fire! <s>
> >
> > :That was rejected by consensus long before then.
> > :
> > :There were no third, fourth, or eighteenth choices because only those two
> > points
> > f view had, up that point, been expressed and not rejected. Now we have a 9-0
> > :with 3 abstentions vote in favor of the new faq and the new direction. And all
> > :you have are sour grapes.
> >
> > :Anyone asking you to chip in?
> > :No.
> > :Any proof at all for any of your absurd assertions?
> > :No.
> > :Any use anyone could possibly make of such information?
> > :No.
> > :What might that imaginary use be?---
> > :"Geeze your honor, that person was READING a document, for heaven's sake!"
> > :ROFL
> > :It's not kiddie porn, you know- or is it that you find that so hard to get out
> > f your mind? <s>
> >
> > :Heard, and dismissed. You have no standing. You crawled out of the woodwork,
> > :never entered a word into the debate or discussion until after the vote was
> > :called.
> > :
> > :Who are you? <s>
> > :Where were you last week when we were discussing this? <s>
> > :What is your standing? <s>
> >
> > :Posted to the only concerned groups, ABWI and ABWID. Any and all users of both
> > :could have input at any time. The ones who expressed interest "registered" to
> > :vote by that expression of interest. If you didn't "register" you don't vote.
> > :You have no kick coming on that, you sat on your hands until the vote on
> > :direction was called, then all of a sudden your keyboard got plugged-in. <s>
> > :
> > :The FAQ is being crafted here, feel free to offer any suggestions for
> > :inclusions, edits, etc. Post your handiwork, not simply snipes at the work of
> > thers. It will be a long and lengthy process, you will ample time to show us
> > :what you're made of. <s>
> >
> > :You had no vote, you failed to register.
> >
> > :Nope. Too late. That's off the table.
> >
> > :See what that says? It says the ABWI FAQ, not the everybody's FAQ. Pretend
> > you
> > :understand that.
> >
> > :Unclear, and contested definition.
> >
> > :A lot of people disagree as to the best archiver-.
> >
> > :Too technical for the person who needs to know what it is and how does he use
> > :it.
> >
> > :Might be something there to use.
> >
> > :Too much unnecessary info.
> >
> > :Way too wordy.
> >
> > :Just ripped from one program's site.
> >
> > :Excess verbiage, has no place in the FAQ
> >
> > :Yes it does predate it. So what? What "blatant error" The SanFranciso Verifier
> > :instead of Simple File Verifier? I've seen it both ways, but the first way I
> > saw
> > :it was San Francisco. Right now most people use QSFV and that's the
> > recommended
> > :application- there are at least two others that are also in use.
> > :
> > :In all that crap there was, perhaps, one sentence that contained useful
> > :information that might be included in the SFV section. We're not trying to see
> > :how many words we can write- just putting the necessary information there.
> > :Anything else, such as application documents on the web, we simply link to the
> > :application's site.
> >
> > :There were 12 people who cared enough to express opinions, that interest
> > :constituted a "registration" to vote. Too bad you couldn't be bothered, then
> > it
> > :could be 9-1, instead of 9-0, eh?
> >
> > :You have to register to vote.
> >
> > :This "lame joke" already contains more useful information that the WarezFAQ on
> > :the web, and it's growing daily. You will see the emergence of a FAQ that will
> > :be the paradigm for FAQ's in the future, and you will not have been a part of
> > :it. And that will haunt you forever. <s>
> >
> > :Whoa foolio!!!
> > :you *enter* that code as the serial #, nobody said anything about copy/pasting
> > :it into an ini, I copied it FROM my ini and it's a working code generator. Try
> > :it.
> >
> > :Because she has been discussing this all along, ever since akula offered his
> > FAQ
> > :for our ONE chance to comment on it before he got it installed at
> > :http://www.warezfaq.org and you haven't.
> >
> > :ABWI0 has always been redundant. It's sparsely carried, and has no reason to
> > :exist- it's content would be properly posted in ABWI.
> >
> > :Here ya go, plenty to read. <s>
> >
> > :Mj°lnÙr
> >
> > 100 or lines that boil down to say "because I say so and it'll stay
> > that way no matter what you or anyone else has to say"
> >
> > 3 kiddie porn insinuations/accusation you can't prove
> >
> > all this from a self proclaimed troll who doesn't post and only helps
> > newbies when he thinks others are watching
> >
> > Semper Fidelis isn't meant to apply to your own public image, hero
> >
> >
> >
> >
> > --------------------------------------------------------------------------------
> > --
> >
> >
> >
> >
> > Path: news.alt.net!usenet
> > From: sarek@nym.alias.net (Sarek)
> > Newsgroups: alt.binaries.warez.ibm-pc.d
> > Subject: Re: Important Question for the Group <from 0-day >
> > Date: Tue, 04 Dec 2001 17:06:01 GMT
> > Organization: .
> > Lines: 125
> > Message-ID: <3c0fad2e.176392103@news.alt.net>
> > References: <3c24bed0.117314714@news.alt.net>
> > <op0l0uk1r5bcdl130u42f84qlkginuoufr@4ax.com>
> > <lDMr34l0uouf66uu6ksdoana5pnlen7hrvh28@4ax.com>
> > <3c0a9ab0.40566116@news.alt.net>
> > <lDMcgdl0u42pd1alg96v8e8o3ba1i79h1j4kh@4ax.com>
> > <3c0d6254.91681182@news.alt.net>
> > <lDMc6mo0u00njgfqpgqufnf5gpstat1llmqol@4ax.com>
> > Reply-To: sarek@nym.alias.net
> > Mime-Version: 1.0
> > Content-Type: text/plain; charset=us-ascii
> > Content-Transfer-Encoding: 7bit
> > X-No-Archive: Yes
> > Xref: news alt.binaries.warez.ibm-pc.d:443753
> >
> > :-----BEGIN PGP SIGNED MESSAGE-----
> > :
> > : On Mon, 03 Dec 2001 13:18:05 GMT
> > : in news:alt.binaries.warez.ibm-pc.d
> > : article <3c0d6254.91681182@news.alt.net>
> > : sarek@nym.alias.net (Sarek)
> > : wrote:
> > :
> > :[snip]
> > :>
> > :>Gypsy has pointed out to me that I have unfairly accused you of
> > :>patronising me. Please accept my appology.
> > :>
> > :Greetz Sarek ..
> > :
> > :Gladly accepted and I for my part will endeavor to speak more civilly
> > :in return <g>.
> > :
> > :>what parts of the following posts are unclear as to my meaning?
> > :>
> > :It isn't that your post's words were unclear. It was the assumptions
> > f wrongdoing or impropriety by the people in this group that I
> > :disagree with and which contributed to my earlier bristly tone.
> >
> > my bad
> >
> > I keep running into situations on usenet where "HEY ASSHOLE" gets more
> > attention than "excuse me, but" and the habit is ingrained by now
> >
> > :The discussions in this group are ongoing - all those interested are
> > :invited. I would request that you look back through these threads.
> > :There were other concerns raised here, more perhaps than can be
> > :addressed by merely updating a few facts and broken links in the
> > :current warezfaq. Also there were ideas put forth that may in fact
> > ffer more than the current warezfaq allows.
> >
> > welcome by you, yes
> >
> > I've now been told to butt-out in no uncertain tems as well as accused
> > the second time today of things no one can prove true or false but do
> > mask whatever I have to say with knee-jerk responses
> >
> > I have and it concerns me that no attempt was even made and any
> > suggestion of even trying is rejected out of hand
> >
> > unless it's some bells & whistles that can only be done in HTML, I
> > fail to see why any ideas/additions can't be done in a text only
> > fashon and added to the FAQ
> >
> > :IMO this group is the correct venue for this discussion. Notices have
> > :been posted to abwi & abw. And also I believe you've notified a group
> > r three yourself <g>. Thank you and please continue doing so. Any
> > :changes to the faq need to withstand comment for all those
> > :interested. AFAIC the more the merrier.
> >
> > apparently most of what I posted fell victim to Cosmo Roadkills
> > spam-bot so I'll have to consider a change in tactics
> >
> > some determination needs to be made as to whether this FAQ is
> > applicable to the entire abw* hirearchy or is specific to abwi alone
> >
> > if abwi alone, then this declairing 0-day redundant is out of line
> > and certainly doesn't belong in any FAQ after all, much the same can
> > be said for all the w95 groups, abw, the ACAD group, the OS and NT
> > groups and PalmPilot group too
> >
> > I see little merryment and what there is is at others expense how
> > this is ggoing to translate into a kinder gentler FAQ is going to be
> > something to see
> >
> > :Not every question, no matter how welcomed, always has an immediate
> > :and satisfactory answer. The issues you raised regarding the website
> > :are being explored.
> >
> > when a website can be shut down because 'it contributes to the
> > collection of illegal software' any site host that doesn't have a
> > proven commitmment to privacy is suspect and IMHO would roll over and
> > play dead given the legal preasures that can be brought to bear
> >
> > and any newbie who can't figure out how to decompress a RAR archive is
> > unlikely to have any idea what a proxy is another reason why I prefer
> > the entire FAQ to be posted lenghty or not, complicated or not
> >
> > I also have a problem wtih this nonconfrontational BS
> >
> > if I read insructions and they say mount this motherboard using the
> > nylon fastners included and I use a sheet metal screw and the board
> > fails the smoke test first try, I have no one to blame bu t myself
> >
> > IMHO trying to accomidate a FAQ to suit those who either don't
> > understand limits or those who don't care is really kind of insulting
> > to those who do and simply want the information they need to get and
> > try out the warez they want
> >
> > why treat the majority like the minority who won't/don't care?
> >
> > :[snip]
> > :>
> > :>I look forward to reading any reply/comments you might have this
> > :>evening
> > :
> > :I hope you enjoyed my reply <g> If I have my druthers all will have
> > :their say, all povs considered.
> >
> > we'll see, I'm not one to continue beating my head against walls I
> > can go around or through
> >
> > :G'day .. good luck.
> > :- --
> > : ledgerDeMain
> > :
> > : in the spirit of cooperation
> > : read the faq -> www.warezfaq.org
> > :
> > :-----BEGIN PGP SIGNATURE-----
> > :lDM sez: Dictum sapienti sat est.
> > :
> > :iQEVAwUBPAxn32kNsghNSjztAQE+SAgAq6sNVoInnCNFIRzBiGieHfKmzWIBjJF0
> > :aXHTB3xVMA2p/wUWRW47B4yTMOv5HEwxbBQxgnT2FzbxIYZurCEZ5jOq8GvQij7w
> > :f0tv8qTQXhwVSJSXuSu9VdkWPaxzmK5ZY3CGX2N+550NAXSYITJWtJowgThz60EU
> > :l3epRqT6+4aht48zZ3x1Z6IFULLtguKEH2KYO3vq5uTYN/tqZzVS0TNKP3JLKXOw
> > RAb55HhNqcAFSdfb5OvjUokWPM+gPRMyn3ailIagyEHlx4xGB9uBLahOxo2krso
> > :IAbfF2as0DRLEVBH//iFcp6J7auYi7IQw71vlz37EokfiRVqGOKvvQ==
> > :=To/p
> > :-----END PGP SIGNATURE-----
> >
> >
> >
> > --------------------------------------------------------------------------------
> > --
> >
> >
> >
> > Path: news.alt.net!usenet
> > From: sarek@nym.alias.net (Sarek)
> > Newsgroups: alt.binaries.warez.ibm-pc
> > Subject: Re: Can someone please post Codewarrior for Palm OS?? PLEASE PLEASE
> > PLEASE
> > Date: Tue, 04 Dec 2001 17:05:58 GMT
> > Organization: .
> > Lines: 5
> > Message-ID: <3c0c3de3.147896821@news.alt.net>
> > References: <Xns916972F74A375Someonesomewherenet@24.24.0.14>
> > Reply-To: sarek@nym.alias.net
> > Mime-Version: 1.0
> > Content-Type: text/plain; charset=us-ascii
> > Content-Transfer-Encoding: 7bit
> > X-No-Archive: Yes
> >
> > have you tried asking for this in alt.binaries.warez.palmpilot?
> >
> > lots of traffic, lots of apps and good helpful people
> >
> >
> >
> > --------------------------------------------------------------------------------
> > --
> >
> >
> >
> > Path: news.alt.net!usenet
> > From: sarek@nym.alias.net (Sarek)
> > Newsgroups: alt.binaries.warez.ibm-pc.d
> > Subject: Re: question regarding 0day posts
> > Date: Wed, 05 Dec 2001 17:12:17 GMT
> > Organization: .
> > Lines: 33
> > Message-ID: <3c0e51ac.41174543@news.alt.net>
> > References: <MPG.1674f369f2b97443989683@news-server.optonline.net>
> > <MPG.1674f07f224a53819897ae@netnews.att.net>
> > <ugpm0ugi4eveiq2ugefptva35qilbhtbsg@4ax.com>
> > <53oo0uockpkv8e3ns6g5ah10j459ifdba0@4ax.com>
> > <umdq0ukt1403gic8lj7pq1kqvrsso0ouj3@ppn.ragnarok.org>
> > <ck9s0uo69jqtifvdcosqncljmvoi9b6p2n@4ax.com>
> > Reply-To: sarek@nym.alias.net
> > Mime-Version: 1.0
> > Content-Type: text/plain; charset=us-ascii
> > Content-Transfer-Encoding: 7bit
> > X-No-Archive: Yes
> > Xref: news alt.binaries.warez.ibm-pc.d:443808
> >
> > :irks me a little. In Gravity, I was able to set it up so that if I
> > :move to a new header with a single click or down arrow, then the body
> > :was automatically opened. In Agent, it seems I have to either
> > :double-click, or use one of the toolbar buttons or a keyboard
> > :shortcut. Not a major difference, but if I find a few more
> >
> > agent default safety feature, keeps you from accidentaly running
> > *.exe's you might not want to run, ie virii, trojans, other nasty
> > goodies
> >
> > first time you don't accidentaly infect your machine, you'll discover
> > a new appreaciation for it
> >
> > :Is it more common to post a request for a specific app, or to just
> > :hang around and see what gets posted, and take what you like?
> > :
> > an
> >
> > make a request, hang around, it all works
> >
> > like most of the rest of us, you'll probably finding yourself d/ling
> > everything in sight anyway
> >
> > when you make a request, don't forget to check 0-day as well as abwi
> >
> > the gods smiled at me there the other day and I picked up IDA Pro just
> > when I was developing a hankering for it
> >
>
>


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Date: Tue Dec 11 02:43:56 2001 GMT
To: sarek@nym.alias.net