Planet Communications & Computing Facility
Tel: 1 (212) 894-3704 ext. 1033
Fax: 1 (419) 821-8581
October 25, 1999
Mr. Paul Vixie
Mail Abuse Prevention System, LLC
950 Charter Street
Redwood City, CA 94063 Faxed: 1.650.779.7055
Dear Mr. Vixie:
This letter will serve as our official notice to you of a pending class
action proceeding against you, the Internet Software Consortium, and the
Mail Abuse Prevention System, LLC. et al. This action is further and in
addition to any claim personally held by myself or Planet Communications &
Computing Facility, and/or its directors and officers against you and your
associates for libel, malicious falsehood, punitive and exemplary damages.
It is our intention to file the claim and seek certification as a class
action under subsection (1) of the Class Proceedings Act, 1992 Statutes of
Ontario, 1992, Chapter 6. A motion will be made to a judge of the Ontario
Court (General Division) for an order certifying the proceeding as a class
proceeding and appointing Joe Baptista and Planet Communications &
Computing Facility as representative plaintiffs.
In accordance with the Class Proceedings Act, 1992, section 5.(3)Evidence
as to size of class, "Each party to a motion for certification shall, in
an affidavit filed for use on the motion, provide the party's best
information on the number of members in the class", we have identified
three classes.
- All Internet users, estimated at 200 million members.
- All domain name server administrators, estimated at 100,000 to 200,000
members
- All domain name server administrators using software products developed
by you who are vulnerable to denial of service attacks being BIND 4.9.5,
4.9.6, and 8.1.1. The group size is estimated at 10,000 to 20,000 members
We would like to propose a solution and avoid litigation. Our intent in
developing the BIND 1999 survey was to close existing security issues due
to your negligence with respect to vulnerable software products developed
by you. We were prepared to offer these administrators automated
technical support and assistance in upgrading, correcting and fixing the
problems caused by your software. Unfortunately, due to your actions and
those of your associates we are unable to meet our obligations.
It was also our intention to use the database to empower domain system
administrators and their users as to their rights and control over the
root cache files. It is our position that ICANN has no control over the
internet routing structure, but that such control rests in the hands of
those people who control the root cache, i.e. dns administrators.
We propose to transfer to you the entire BIND 1999 Survey. We propose
that you undertake the responsibility of fixing the security problems
caused by your negligence in programming the same. We also propose that
you contact all dns administrators and educate them on their rights in
respect of Internet governance and their control of the Internet
infrastructure. We will require your guarantee that the database will
only be used for these purposes and will not be distributed to any person
or group for any other purpose nor used to spam said dns administrators.
In addition, we reserve the right to approve or reject the form and
contents of such communications and notices.
This offer will remain open to you until we provide you with notice that
it is withdrawn. This offer does not constitute an offer to settle under
the Rules of Civil Procedure (Ontario).
Sincerely,
Joe Baptista, Director
encl: 3
Cheers
Joe Baptista
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Planet Communication & Computing Facility 212.894.3704 x1033
Public Access Internet Research Publisher 419.821.8581 fax
Centro Planetario de Communicaciones y Computacion 888.830.5744 x3223
