Planet Communications & Computing Facility

Tel: 1 (212) 894-3704 ext. 1033
Fax: 1 (419) 821-8581

October 15, 1999

Mr. Paul Vixie
Mail Abuse Prevention System, LLC
950 Charter Street
Redwood City, CA 94063 Faxed: 1.650.779.7055

Dear Mr. Vixie:

I am writing to you with respect to the MAPS relay spam stopper operated by yourself and a Mr. Al Iverson. Please find attached enclosure A, B, and C, which details our inclusion in your database. You may consider this letter our formal demand to remove us promptly from all databases under your control.

As you know, we are the administrators of the BIND 1999 database that was to launch this weekend. Because of your actions, we have had to delay publication. I consider your actions and those of Mr. Iverson to be a conflict of interest.

ICANN, an organization whose members and supporters pay your salary, is attempting to take control of the domain name system. It is our position that the individuals in control of the dns are the nameserver administrators as listed in the BIND 1999 database. I am certain you are aware of our position, we have made it very public. Unfortunately, we cannot proceed with our efforts do to your actions.

It is clear to me that for you and your supporters in ICANN to succeed it is critical that the people who control the root cache files remain ignorant of the existing process. Mr. Vixie this will not happen. If you fail to remove the block we will reroute around it and will hold you libel for the added costs.

I will not deal with the allegation of spam, used by Mr. Iverson. I will only note that enclosure B herein attached is not spam but is instead a defense of our organization against allegations made by one Robert Shaw of the ITU that we at PCCF are spy's for Network Solutions. It is clear your actions to prevent us from communicating are political motivated and as such reprehensible.

I remind you Mr. Vixie, that you are now in the process of making your anti-spam tools available commercially. Your success in this area will be dependent on establishing trust with the business community. However, your action show your organization is willing to go the distance for self interest. This is unacceptable.

/s/

Sincerely,
Joe Baptista, Director

cc: Tom Bliley
encl: 3

Planet Communications & Computing Facility

Tel: 1 (212) 894-3704 ext. 1033
Fax: 1 (419) 821-8581

October 15, 1999

Representative Tom Bliley
2409 Rayburn Housing Building
Washington, DC 20515Faxed: 202 225-1919

Dear Mr. Bliley:

I am writing to you with respect to ICANN, the Internet Corporation for Assigned Names and Numbers. As you know, ICANN wants to take over and govern the Internet. It is our position that they have no authority or consensus in which to act. The people who do control the Internet infrastructure are those administrators who control the root cache files on their respective name servers.

Our organization, Planet Communications & Computing Facility has over the last three years conducted enumeration's and surveys of the Internet. These reports have enabled many domain name administrators in closing security breaches in their systems. We have in fact assisted the United States department of defense in securing their servers. If you wish details on this, we would be happy to provide disclosure.

This year it is our intention to contact these administrators and inform them of their right to participate in ICANN. However, Mr. Paul Vixie a supporter of ICANN has blacklisted us in an anti-spam database under his direct control. Mr. Vixie recently attempted to do the same thing to Network Solutions in order to prevent them from communicating with their customers. This is nothing more than self interest fueled by dirty politics.

Mr. Vixie and his friends in ICANN can only hope to gain control of Internet governance if the issues surrounding ICANN are kept as quite as possible. Mr. Vixie is aware that an informed administrative community will result in his group loosing that control. I find Mr. Vixies attempts at blacklisting us as nothing more than an attempt to maintain that ignorance.

I am bringing this matter to your attention and have enclosed copies of my correspondence with Mr. Vixie.

/s/

Sincerely,
Joe Baptista, Director

cc: Paul Vixie
encl: 4

Planet Communications & Computing Facility

Tel: 1 (212) 894-3704 ext. 1033
Fax: 1 (419) 821-8581

October 20, 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 to confirm that you have removed our IP number from your MAPS relay spam stopper database and Mr. Al Iverson promptly put us in the RBL list. Please find attached enclosures that support these facts.

Under the circumstances these actions have not only resulted in cost to us, it is now our position that said actions are malicious in nature and intent. These actions constitute publication and are libelous and slanderous in accordance with the Libel and Slander Act, R.S.O. 1990, Chapter L. 12 that provides for Jurisdiction in the province of Ontario, CANADA.

There is also a third party liability. By placing this block on our IP, we will be unable to contact the administrators in the survey whose bind is vulnerable to attack. It was our intention to provide said administrators with ample notice of the problem in order to allow them the time to fix the vulnerability. We have done this sort of thing extensively with military installations and have had considerable success in fixing vulnerable bind versions 4.9.5, 4.9.6 and 8.1.1.

Unfortunately, the bind data scheduled for publication in January 2000 can be used by hackers and other malicious groups against the systems affected. We calculate approximately 22,000 of the 225,000 systems enumerated by us are operating bind versions developed by you which are vulnerable to attack. We are holding you and your organization responsible should any systems be compromised by your actions.

On a positive note, it is our intention to use the situation that exists between us as an example of the failure and abuse of anti spam groups against legitimate business, discourse and communications. I congratulate you Mr. Vixie, your actions have stopped us from educating bind administrators with respect to their rights in Internet governance and programs developed by you that have security holes will remain operational. You have by this action served your own interest to the jeopardy of everyone else's.

I will contact you next month with our formal demand that you pay our costs and damages in this matter.

/s/

Sincerely,
Joe Baptista, Director

encl: 3

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.

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).

/s/

Sincerely,
Joe Baptista, Director

encl: 3