RE: Re: Hunting for Mr Badmouth

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To: "'Rockit'" <speech_freedom2002@yahoo.com>, <security-basics@securityfocus.com>
Date: Fri, 29 Aug 2003 13:35:25 -0500

Thanks for the input.

Yes, my original post WAS sent from a personal address, because I am a
private contractor who has been asked to assist in finding this
individual. I have no idea what steps the company in question is
pursuing, nor do I care.

Perhaps I should have provided more details in my original posting, but
to have provided too much detail would have, IMO, "given away the game",
so to speak. Do I want this jerk to know I'm looking for him? Duh.

Having said that, from your post Rockit, I have no idea why you're on a
security list, since it's obvious you support anarchy rather than order.
The internet is an extension of our society, and should be held to the
same standards as the rest of society. If I want to splash graffiti on
a wall downtown, I shouldn't be clamoring that it's a freedom of speech
issue when I get locked up.

Do I believe the person I'm trying to find has committed a libelous
offense? IANAL, but yes, I do. Is the company in question prepared to
charge this individual with libel? Don't know, don't care, that's above
my paygrade. But when you make a charge, on a financial message board,
that the product/service provided by the company is unsafe and the
persons in charge of providing said product/service are knowledgeable of
neglect on the part of workers under them, and provide absolutely no
proof of said charge, I'd be inclined to say that's libelous. In this
case, there is a government agency responsible for oversight of said
product/service, and to my knowledge, he has not gone the route of
informing the responsible government agency of the problems he described
in his posting.

To all who responded to my original posting in a thoughtful manner, I
thank you very much. I was inclined to believe there was no way to
identify the person without a court order, and your comments have
confirmed that. Again, thanks.

Regards,
Bob

-----Original Message-----
From: Rockit [mailto:speech_freedom2002@yahoo.com]
Sent: Thursday, August 28, 2003 2:37 PM
To: security-basics@securityfocus.com
Subject: Fwd: Re: Hunting for Mr Badmouth

>
> --- Bob Walker <bobwalker8@comcast.net> wrote:
> >
> > I'm hoping this board can help me. I've been tasked with trying to
> > track down an individual who posted some comments to a yahoo message

> > board defaming a company. Is there any way to track this
> > individual, short of a court order to yahoo?
 
 "short of a court order" ? Can't prove libel ? (and yes, the burden of
proof would be upon you...so I am assuming that this person is actually
telling the truth about the "company") Sounds like a vendetta to me !
(after reviewing your email header, it's a personal address, not a
company one, which doesn't help your case any !)
 
 There are way too many companies and individuals trying to manipulate
the justice system when it comes to the internet, especially in the
civil courts, because the laws don't support
 imagined criminal wrongs. So, I have one question for you....ever hear
of the first amendment and freedom of speech ???

> His profile is private, and (duh!)
> he's not responding to postings to email.

> Any ideas on a direction to look or a tool to use would be greatly
> appreciated.
 
 I can only hope that no one in this list will help your vigilantism
styled tactics of violating someone's civil liberties !
 
> Bob

Rockit

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Attend Black Hat Briefings & Training Federal, September 29-30 (Training), 
October 1-2 (Briefings) in Tysons Corner, VA; the world's premier 
technical IT security event.  Modeled after the famous Black Hat event in 
Las Vegas! 6 tracks, 12 training sessions, top speakers and sponsors.  
Symantec is the Diamond sponsor.  Early-bird registration ends September 6.Visit us: www.blackhat.com
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