ripoffreport.com:
http://ripoffreport.com/reports/ripoff60400.htm
abuse of usenet:
abuse against the AHBL:
http://groups.google.com/group/alt.news-media/msg/a1ff7191557408c6
http://groups.google.com/group/alt.news-media/msg/1854c1412f78ba56
Suffice that Brian was not convicted
of a computer crime as the above alleges. Mr Scoville has also attacked our
Legal Counsel via his website.
abuse against the AHBL's retained counsel:
(Link
to long to display)
abuse against a Canadian Photographer (please note I have no contact
with this person)
(Link
to long to display)
Abuse against Marc Wigle and his wife,
a school teacher (please note I do have contact with this person regarding
abuse from FSS):
http://groups.google.com/group/alt.usenet.kooks/msg/2889bbecd83deb60?hl=en&
http://groups.google.com/group/alt.usenet.kooks/msg/0d36628097cc90e3?hl=en&
Note in both the above examples that
the primary purpose of these posts is to garner attention from search engines,
defeat spam and lameness filters, and advertise his site. Note also that
those who have attempted to have information posted by Mr. Scoville or an
affiliate on his site have only been harassed into submission. I assert that
there are hundreds of other examples of harassment by Mr. Scoville an that
a cursory search of Google's Groups Service will turn up many if not all of
them.
Mr. Scoville is what is termed “Judgement
proof” there
is no way to seek remedy from this person because he has no appreciable assets.
However we do not believe that protections granted to ISP's under 47USC230
will extend to protecting you from his errant and abusive behavior, especially
considering the mountain of abuse reports that Mr Scoville has received (resulting
in termination from at least 4 providers for abuse:
Prismnet/VNDX,
ESpire,
Grandecom,
and RoadRunner Business Class).
This will be carbon-copied to news.admin.net-abuse.email,
an appropriate forum for the discussion of e-mail abuse, please also note
that after two years of non-stop abuse, and terminations from other providers
and your lack of action that further complacency in this matter will not
be tolerated. Below for your benefit is a list of TOS/AUP and Federal Law violations
under which Mr. Scoville may be terminated, listed by provider:
Aol.com:
from ATDN section 3: (http://www.atdn.net/aup.shtml)
3. Email policy
AOL has zero tolerance for Unsolicited Broadcast Email and Unsolicited Commercial
Email ("UBE/UCE") commonly known as "Spam".
Both above examples of usenet abuse were sent through AOL proxies.
RR.com (time warner Road Runner San Antonio)
Mr Scoville was terminated from your network months ago and is now hosted
by one of your customers using on the same network to run his spamvertised
website. (http://www.satx.rr.com/support/acceptable.htm) outlines your Acceptable
Use Policy from which I quote the following:
Road Runner therefore reserves the right to remove any content posted to
its system which it deems offensive, inappropriate, or in violation of its
policies. Road Runner also reserves the right to suspend or cancel a subscriber's
account for engaging in inappropriate conduct. (Subscribers, of course, also
remain legally responsible for any such conduct.)
In using Road Runner, subscribers
accept the following restrictions, as well as those set forth in the Subscription
Agreement, and agree to use the system only for lawful purposes. In addition,
subscribers agree not to use or allow others to use Road Runner:
*to post or transmit hate speech, threats of physical violence, or
harassing content
*to post or transmit other sexually-oriented material that, in the
specific context, is offensive or inappropriate
*to post or transmit commercial or bulk e-mail without the prior written
approval of Road Runner
*to post or transmit off-topic or commercial messages on forums or
newsgroups
*to engage in illegal, unlawful, or
tortuous conduct or other conduct that interferes with Road Runner's ability
to provide service or interferes with the rights of others. Such conduct
includes, but is not limited to: libel, invasion of privacy, consumer fraud,
unauthorized dissemination of trade secrets, violation of trademark laws,
hacking, or transmittal of commercially restricted information.
Furthermore pursuant to sections
113 of the recently passed H.R.3402 (Department of Justice Appropriations
Authorization
Act, Fiscal Years 2006 through 2009) which was signed this week by President
Bush, we demand that Mr. Scoville's website be in whole removed until all
harassing “speeches” can
be documented and the authentic author of the speech can be attributed to
the various offending documents. Please also note that any anonymous abusive
postings (spam) to USENET groups posted by Mr. Scoville since Tuesday January
3, 2005 are directly violating this new law.
Quoting from the law:
Prohibited acts generally
Whoever—
(1) in interstate or foreign communications—
(A) by means of a telecommunications device knowingly—
(i) makes, creates, or solicits, and,
(ii) initiates the transmission of,
any comment, request, suggestion, proposal, image, or other communication
which is obscene, lewd, lascivious, filthy, or indecent, with intent to annoy,
abuse, threaten, or harass another person;
(B) by means of a telecommunications device knowingly—
(i) makes, creates, or solicits, and
(ii) initiates the transmission of, any comment, request, suggestion, proposal,
image, or other communication which is obscene or indecent, knowing that
the recipient of the communication is under 18 years of age, regardless of
whether the maker of such communication placed the call or initiated the communication;
(C) makes a telephone call or utilizes a telecommunications device, whether
or not conversation or communication ensues, without disclosing his identity
and with intent to annoy, abuse, threaten, or harass any person at the called
number or who receives the communications;
SEC. 113. PREVENTING CYBERSTALKING.
(a) In General- Paragraph (1) of
section 223(h) of the Communications Act of 1934 (47 U.S.C. 223(h)(1)) is
amended--
(1) in subparagraph (A), by striking `and' at the end;
(2) in subparagraph (B), by striking
the period at the end and inserting `; and'; and
(3) by adding at the end the following new subparagraph:
`(C) in the case of subparagraph (C) of subsection
(a)(1), includes any device or software that can be used to originate telecommunications
or other types of communications that are transmitted, in whole or in
part, by the Internet (as such term is defined in section 1104 of the
Internet Tax Freedom Act (47 U.S.C. 151 note)).'.
(b) Rule of Construction- This section
and the amendment made by this section may not be construed to affect the
meaning given the term `telecommunications device' in section 223(h)(1) of
the Communications Act of 1934, as in effect before the date of the enactment
of this section.
Further information on this LAW may be found here:
http://thomas.loc.gov/cgi-bin/bdquery/z?d109:h.r.03402:
and the corrected/current version of the Federal Statute
I and others have received enough
abuse at the hands of Mr. Scoville and I am personally and on behalf of the
AHBL (ahbl.org) demanding that you immediately remove all accounts and content
posted by Mr Scoville which defames me, Brian J Bruns, The AHBL, The SOSDG,
our retained counsel, or any other company or holding I posses but which
is not herein contained. Please also forward a copy of this e-mail to your
appropriate legal departments if I have not already done so.
Please note that under the law noted above I swear under penalty of perjury
that the below information is true and correct, bears my real name, and that
I am empowered to speak on behalf of all below-listed entities.
Failure to remove Mr. Scoville in
a timely manner may cause legal action to be brought against your company.
Please contact me in a timely manner to prevent further action on this matter.
Govern yourselves accordingly.
(copied to counsel)
