On Tue, 9 Sep 2008, Dean Anderson wrote: > > > > The fabrications made for this document amount to fraud on the public. > > > > Be careful about this kind of statement. In any interesting technical > > discussion, we all run the risk of being wrong. I'm wrong sometimes and > > I am sure that you are wrong sometimes, too. > > > > When you make this kind of statement and you end up being wrong, you > > have committed a grave offense! > > I've studied the law on the subject of defamation in detail. Truth is > an absolute defense.
Here is the Black's Law definition of "Actionable Fraud": http://www.av8.net/IETF-watch/Definitions/ActionableFraud.html Actionable fraud. Deception practiced in order to induce another to part with property or surrender some legal right. A false representation made with intention to deceive; such may be committed by stating what is known to be false or by professing knowledge of the truth of a statement which is false, but in either case, the essential ingredient is a falsehood uttered with intent to deceive. To constitute "actionable fraud," it must appear that defendant made a material representation; that it was false; that when he made it he knew it it was false, or made it recklessly without any knowledge of its truth and as a positive assertion; that he made it with intention that it should be acted on by plaintiff; that plaintiff thereby suffered injury. Essential elements are representation, falsity, scienter, deception, reliance, and injury. So, I'll break it down: Material representation: That open recursors are being used in DDOS attacks and that this presents a real threat to network operations. Falsity: No evidence beyond the contrived and solicited attacks has been reported. Scienter: Claims of serious attacks are made without knowledge of the truth, as a positive assertion. Deception: intent is that the IETF and IETF members believe and act on this false information. Reliance: The IETF and IETF members rely on the statements as truthful, and base business plans on those statements (they plan to close open recursors, perhaps plan to buy additional hardware and software) Injury: The IETF and IETF members spend money to close open recursors and purchase hardware and software they do not actually need to run closed recursive servers. --Dean -- Av8 Internet Prepared to pay a premium for better service? www.av8.net faster, more reliable, better service 617 344 9000 _______________________________________________ DNSOP mailing list DNSOP@ietf.org https://www.ietf.org/mailman/listinfo/dnsop
