If you go to the NYS AG's web site you will soon learn that he knows
nothing about Internet activity. Just check out the email addresses -
they are him@his website url. Even the one on his order form for useful
materials bounces.
This is my first day on this list, and I do not know how far any of you
have pursued Mr.Kevin Jay Lipsitz. After my lists were attacked last
week I started looking into him and came to realize that he has an
ongoing criminal enterprise operating on the Internet.
He has been sending this same basic spam out for well over a year. Part
of his scam is that you do not get the magazines that you pay for.
I have been reading the abuse newsgroup and realized that he will never
be stopped unless we change our ways.
The normal pattern he follows is to spam a large number of lists and
newsgroups with the message all at one time. This gets folks mad and
they complain to his ISP, who in turn cancels his account. Then the
folks gather on the NG and pat each other on the back for tracing his
headers and getting his account canceled.
Well, he never tried to hide his account, and had no intention of ever
using it again. The one he used last week, Cloud9, says he never even
paid them. He signed up for a one week free trial. I have not bothered
checking with this week's ISP to see what happened with them.
He owns his own domain name, and maintains an address their that is
never used to spam anyone. He uses it to send the information back to
the people who fax him a request. Of course, if we were to mail bomb
that address he would have our ISP cut off our accounts.
In the case of Mr.Lipsitz, we have two choices. One, we can continue
operating as we have, taking our hits and letting him get away with it.
Two, we can fight back by getting together to file a class action
lawsuit against him, and bring combined criminal charges as well.
What crime? Well, the folks on the abuse NG have been arguing about the
fax machine law not applying, but that has nothing to do with our cases.
If I were to break into your computer and steal your list of clients to
use for my business, that would be a crime, and no one would have any
doubt about that.Even those of us who have lists that he only tried to
use are involved here. In my case, I have one he got into and one that
stopped him. But, attempting to commit a crime is also a crime, even if
he was stopped in the process.
Well, that is what he has done. Only, instead of taking the list in one
step and mailing out his materials in another, he has done it all in one
step, and when he finished discarded the stolen list. Since he did this
across state lines, it is a matter of Interstate Commerce that he is
interfering with, making it a Federal Case. Since he is doing this as an
ongoing criminal enterprise over an extended period of time, it is a
RICO offense as well, involving him and all of his helpers.
I have just sent him a bill for the use of my lists, certified mail to
his home, with a notice that if it is not paid within one week, I will
be starting legal action in Federal Court.
Is any of his other victims interested?
Kent S. Larsen II wrote:
>
SNIP>
> > - -kali
> > kali@europa.com
> >
>
SNIP
> [BTW, someone has to be responding to this stuff! I think he would stop if
> he weren't getting some responses.]
>
> I did try to fax a response to him (I wasn't buying magazines), but the fax
> # uses caller ID - so you can't anonymously spam him in return.
>
> It would be poetic justice if he were to receive bogus magazine
> subscriptions, however. (If this hasn't been done already - he is probably
> on the kill list for every major magazine!
>
> While Staten Island is close, I'm not sure I trust myself to act legally if
> I went to see this address.
>
> Does anyone know if the NY State Attorney mentioned on this thread wants
> additional evidence?
>
> Kent
>
> Kent S. "Kip" Larsen II; KLarsen@panix.com or KLarsen@NorthSouth.com (work).
--
Pat Barrett
This is the day that the LORD has made, rejoice and be glad in it!
http://www.UserHome.com/graceway/wogf.htm
http://www.UserHome.com/soap/
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