Delivered-To: hans@ubermorgen.com X-Sender: hans@mail.ubermorgen.com (Unverified) Date: Mon, 16 Oct 2000 10:36:10 +0200 To: hans@ubermorgen.com From: net_CALLBOY Subject: domain_bank email Delivered-To: hans@ubermorgen.com Reply-To: "Scott Hemphill" From: "Scott Hemphill" To: Cc: "Hal Lubsen" , "Louis Touton" , "Dan Halloran" , "Bill Wood" Subject: voteauction.com Date: Fri, 13 Oct 2000 15:44:05 -0400 Organization: Domain Bank, Inc. X-Priority: 3 Luzius A. Bernhard Kurrentgasse 10-22 Vienna, AU A-1010 Dear Mr. Bernhard: We have been contacted by the office of the Secretary of State of the State of California, USA, with regard to the activities conducted under the domain name voteauction.com, for which you are listed as registrant. The Secretary of State's office alleges that such activities constitute felonies under certain sections of the California Code. We also received a copy of direct correspondence from the Secretary of State to you setting forth the specifics of the allegations. Further, we have had conversations with representatives of the Secretary's office who have informed us that it is their intent to investigate such activities completely, and to prosecute any parties responsible therefore to the fullest extent of the law. The Service Agreement between you and Domain Bank with respect to your domain name registration provides in part that "You agree to use your domain name only in accordance with applicable laws." (See, Section 3 of the Registration Agreement, located at http://www1.domainbank.net/reg_agreement.cfm). Given the allegations of the California Secretary of State's office, and pursuant to section 9 of the Registration Agreement, we hereby notify you that you must remedy the breach of your obligations under the Registration Agreement by complying fully with California law (or furnish us with compelling evidence refuting such allegations) within 30 days after the date of this e-mail (i.e., October 13, 2000). If you fail to cure the breach (or provide such evidence) within such period, Domain Bank shall have the right, pursuant to Section 9 of the Registration Agreement, in its sole discretion to delete, revoke, suspend, transfer or otherwise modify your registration of the domain name voteauction.com. In cooperation with the above-referenced criminal investigation, we have taken steps to prevent you from transferring the domain name to another registrar during the pendency of the investigation. Please contact me if you have any questions. Very truly yours, M. Scott Hemphill VP & General Counsel Domain Bank, Inc. shemphill@domainbank.com www.domainbank.com 610.317.9606 -- . . . . . . . . . . . : ::ubermorgen.com:: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .mob +43-676-9300061. . . .ema hans@ubermorgen.com. . . . . . .fax +43-1-9681022. . . . .icq 38302022 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . if you dont get help from us,please get help somewhere! http://www.wired.com/news/politics/0,1283,38559,00.html Delivered-To: hans@ubermorgen.com Reply-To: "Scott Hemphill" From: "Scott Hemphill" To: Cc: "Hal Lubsen" , "Louis Touton" , "Dan Halloran" , "Bill Wood" , Subject: voteauction.com Date: Tue, 17 Oct 2000 12:22:58 -0400 Organization: Domain Bank, Inc. X-Priority: 3 Luzius A. Bernhard Kurrentgasse 10-22 Vienna, AU  A-1010 Dear Mr. Bernhard: Domain Bank, Inc. has been named as a defendant in a legal action brought by the Board of Election Commissioners of the City of Chicago, et.al., alleging that Domain Bank is complicit in certain felonious activities being conducted at your web site located at www.voteauction.com.  As you know, paragraph 7 of the Domain Bank Service Agreement to which you are a party provides: You agree to defend, indemnify and hold harmless Domain Bank, its affiliates and business partners, and any applicable domain name registry, including without limitation Network Solutions, Inc., and the directors, officers, employees and agents of each of them, from and against any and all claims, actions, losses, damages, expenses and costs, including reasonable attorneys' fees and expenses, arising out of or relating to (i) your domain name registration, (ii) any breach by you of this Agreement, including the Dispute Policy, or (iii) any third party claim, action, or demand related to your domain name or the use thereof. Accordingly, we hereby demand that you provide to Domain Bank an indemnification bond in the amount of $100,000 USD to mitigate our exposure in the above-referenced legal action.  You must provide such bond to our offices no later than 1:00 p.m. EDT on Wednesday, October 18, 2000, or else we reserve the right to proceed with the remedies available to us under the Service Agreement. Please feel free to contact us if you have any questions in regard to this matter. Cordially, M. Scott Hemphill VP & General Counsel Domain Bank, Inc. shemphill@domainbank.com www.domainbank.com 610.317.9606 Delivered-To: voteauction@www.etxtreme.ru Delivered-To: pr@voteauction.com Subject: Compliance with Nebraska Election Laws To: info@voteauction.com, pr@voteauction.com Cc: whowland@notes.state.ne.us, dcomer@notes.state.ne.us From: sgrasz@notes.state.ne.us Date: Tue, 17 Oct 2000 14:50:08 -0500 Dear Voteauction.com: Pursuant to Nebraska law, "Any person who accepts or recieves any valuable thing as a consideration for his or her vote for any person to be voted for at any election shall be guilty of a Class II misdemeaner." Neb. Rev. Stat. Ann. sec. 32-1536 (1)(2000). Likewise, "Any person who, by bribery, attempts to influence any voter of this state in voting ... shall be guilty of a Class II misdemeaner." Neb. Rev. Stat. Ann. sec. 32-1536 (2). In light of these statutes it is hereby requested that Voteauction.com immediately suspend its activities with regard to the solicitation or acceptance of bids for vote buying involving Nebraska voters. It is further requested that Voteauction.com place a notice on its web site similar to the notice regarding the State of New York ("Voteauction.com is not valid in the State of Nebraska."). Failure to comply with this request may result in litigation against Voteauction.com by the State of Nebraska. Steve Grasz Deputy Attorney General State of Nebaska 2115 State Capitol Lincoln, NE 68509 (402) 471-2682Delivered-To: hans@ubermorgen.com X-Sender: voteauction@mail.ubermorgen.com (Unverified) Date: Wed, 18 Oct 2000 09:13:17 +0200 To: hans@ubermorgen.com From: voteauction pr Subject: Fwd: Compliance with Nebraska Election Laws Cc: liz@ubermorgen.com fyi Delivered-To: voteauction@www.etxtreme.ru Delivered-To: pr@voteauction.com Subject: Compliance with Nebraska Election Laws To: info@voteauction.com pr@voteauction.com Cc: whowland@notes.state.ne.us, dcomer@notes.state.ne.us From: sgrasz@notes.state.ne.us Date: Tue, 17 Oct 2000 14:50:08 -0500 Dear Voteauction.com: Pursuant to Nebraska law, "Any person who accepts or recieves any valuable thing as a consideration for his or her vote for any person to be voted for at any election shall be guilty of a Class II misdemeaner." Neb. Rev. Stat. Ann. sec. 32-1536 (1)(2000). Likewise, "Any person who, by bribery, attempts to influence any voter of this state in voting ... shall be guilty of a Class II misdemeaner." Neb. Rev. Stat. Ann. sec. 32-1536 (2). In light of these statutes it is hereby requested that Voteauction.com immediately suspend its activities with regard to the solicitation or acceptance of bids for vote buying involving Nebraska voters. It is further requested that Voteauction.com place a notice on its web site similar to the notice regarding the State of New York ("Voteauction.com is not valid in the State of Nebraska."). Failure to comply with this request may result in litigation against Voteauction.com by the State of Nebraska. Steve Grasz Deputy Attorney General State of Nebaska 2115 State Capitol Lincoln, NE 68509 (402) 471-2682 To: "Scott Hemphill" From: net_CALLBOY Subject: Re: voteauction.com Cc: anwalt@internet-free.de, anwalt@drhaas.at Bcc: X-Attachments: dear mr hemphill; i have tried to reach you on the phone, as you have asked me to. unfortunately, you seemed to be out of your office. i have discussed your letter [enclosed below] with my laywers, but the time period you have offered us for an answer or reaction is just too short for us to find a solution for the situation suitable to all parties involved. as you probably imagine, i surely never wanted to "get into trouble with the law" - this never has been the purpose of my work, neither shall it be. thusly, i am asking you to suspend the timeframe you have indicated in your letter until friday midday, EST, [oct-20-2000], so that i can have my laywers fully investigate the situation and act accordingly. in return, i will be ready to take down the content "in question" now running under the domain voteauction.com for the time being. best regards and awaiting your response, luzius a. bernhard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DISCLAIMER 01 :: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:: the contents of this email, and any attachments, are . . . .CONFIDENTIAL and intended only for the person[s] to whom. . . .they are addressed:: if you have received the email in. . . . .error, please notify the sender immediately and delete it . . .from your computer system:: do not copy or distribute it. . . .or disclose its contents to any person:: unless otherwise . . .stated, the views and opinions expressed in this email are. . .personal to the sender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Luzius A. Bernhard Kurrentgasse 10-22 Vienna, AU  A-1010 Dear Mr. Bernhard: Domain Bank, Inc. has been named as a defendant in a legal action brought by the Board of Election Commissioners of the City of Chicago, et.al., alleging that Domain Bank is complicit in certain felonious activities being conducted at your web site located at www.voteauction.com.  As you know, paragraph 7 of the Domain Bank Service Agreement to which you are a party provides: You agree to defend, indemnify and hold harmless Domain Bank, its affiliates and business partners, and any applicable domain name registry, including without limitation Network Solutions, Inc., and the directors, officers, employees and agents of each of them, from and against any and all claims, actions, losses, damages, expenses and costs, including reasonable attorneys' fees and expenses, arising out of or relating to (i) your domain name registration, (ii) any breach by you of this Agreement, including the Dispute Policy, or (iii) any third party claim, action, or demand related to your domain name or the use thereof. Accordingly, we hereby demand that you provide to Domain Bank an indemnification bond in the amount of $100,000 USD to mitigate our exposure in the above-referenced legal action.  You must provide such bond to our offices no later than 1:00 p.m. EDT on Wednesday, October 18, 2000, or else we reserve the right to proceed with the remedies available to us under the Service Agreement. Please feel free to contact us if you have any questions in regard to this matter. Cordially, M. Scott Hemphill VP & General Counsel Domain Bank, Inc. shemphill@domainbank.com www.domainbank.com 610.317.9606 Delivered-To: hans@ubermorgen.com Reply-To: "Scott Hemphill" From: "Scott Hemphill" To: "net_CALLBOY" Subject: Re: voteauction.com Date: Thu, 19 Oct 2000 08:32:42 -0400 Organization: Domain Bank, Inc. X-Priority: 3 Dear Mr. Bernhard: As you are probably aware by now, the judge in the Chicago, Illinois lawsuit yesterday issued an injunction against you and Domain Bank, among others, ordering that the voteauction.com web site be brought down immediately. We have comlied with the Court's order as it applies to us, and have deactivated the domain name by placing in on Registrar Hold, so that the domain name will no longer point to your specified IP Address. We will continue to monitor the situation, and of course we will comply with all future orders of the Court. Very truly yours, Scott Hemphill ----- Original Message ----- From: "net_CALLBOY" To: "Scott Hemphill" Cc: ; Sent: Wednesday, October 18, 2000 6:24 PM Subject: Re: voteauction.com > >dear mr hemphill; > >i have tried to reach you on the phone, as you have asked me to. unfortunately, you seemed to be out of your office. > >i have discussed your letter [enclosed below] with my laywers, but the time period you have offered us for an answer or reaction is just too short for us to find a solution for the situation suitable to all parties involved. > >as you probably imagine, i surely never wanted to "get into trouble with the law" - this never has been the purpose of my work, neither shall it be. > >thusly, i am asking you to suspend the timeframe you have indicated in your letter until friday midday, EST, [oct-20-2000], so that i can have my laywers fully investigate the situation and act accordingly. > >in return, i will be ready to take down the content "in question" now running under the domain voteauction.com for the time being. > >best regards and awaiting your response, > >luzius a. bernhard > >. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . >DISCLAIMER 01 :: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:: the contents of this email, and any attachments, are . . . .CONFIDENTIAL and intended only for the person[s] to whom. . . .they are addressed:: if you have received the email in. . . . .error, please notify the sender immediately and delete it . . .from your computer system:: do not copy or distribute it. . . .or disclose its contents to any person:: unless otherwise . . .stated, the views and opinions expressed in this email are. . .personal to the sender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . > > >>Luzius A. Bernhard >> >>Kurrentgasse 10-22 >> >>Vienna, AU A-1010 >> >>Dear Mr. Bernhard: >> >>Domain Bank, Inc. has been named as a defendant in a legal action brought by the Board of Election Commissioners of the City of Chicago, et.al., alleging that Domain Bank is complicit in certain felonious activities being conducted at your web site located at www.voteauction.com. >> >>As you know, paragraph 7 of the Domain Bank Service Agreement to which you are a party provides: >> >>You agree to defend, indemnify and hold harmless Domain Bank, its affiliates and business partners, and any applicable domain name registry, including without limitation Network Solutions, Inc., and the directors, officers, employees and agents of each of them, from and against any and all claims, actions, losses, damages, expenses and costs, including reasonable attorneys' fees and expenses, arising out of or relating to (i) your domain name registration, (ii) any breach by you of this Agreement, including the Dispute Policy, or (iii) any third party claim, action, or demand related to your domain name or the use thereof. >> >>Accordingly, we hereby demand that you provide to Domain Bank an indemnification bond in the amount of $100,000 USD to mitigate our exposure in the above-referenced legal action. You must provide such bond to our offices no later than 1:00 p.m. EDT on Wednesday, October 18, 2000, or else we reserve the right to proceed with the remedies available to us under the Service Agreement. >> >>Please feel free to contact us if you have any questions in regard to this matter. >> >>Cordially, >> >>M. Scott Hemphill >>VP & General Counsel >>Domain Bank, Inc. >>shemphill@domainbank.com www.domainbank.com 610.317.9606 > Delivered-To: hans@ubermorgen.com From: Daniel Stewart To: hans@ubermorgen.com Subject: James Baumgartner Date: Thu, 19 Oct 2000 10:42:56 -0400 Hans, Please be advised that I represent James Baumgartner concerning the site voteauction.com, and the legal proceedings that have resulted. I would like to talk with you or your counsel regarding the most recent decision from Illinois. That orders, in essence, that the web site be removed within 10 days. Will you comply with that order? Please have someone call me at 518-463-7784 Delivered-To: hans@ubermorgen.com X-Authentication-Warning: cortez.sss.rpi.edu: baumgj owned process doing -bs Date: Fri, 20 Oct 2000 14:37:48 -0400 (EDT) From: James M Baumgartner X-Sender: baumgj@cortez.sss.rpi.edu To: hans@ubermorgen.com, liz@ubermorgen.com, frank@rtmark.com, admin@rtmark.com cc: dstewart@dreyerboyajian.com Subject: meeting with feds All, I just got back from a meeting with a U.S. attorney about voteauction.com's true intent. I know that some of you disagree with this tactic, but I always intended on revealing that voteauction.com was not actually involved in the sale of votes. Also, this is the only way that I could possibly defend my involvement with the site. My conversation with the U.S. attorney (and an FBI agent) was friendly and understanding, they seem to be convinced that my intentions with the site were political satire / media intervention and they realize that any prosecution would result in very negative PR for them. However, they seem to be somewhat suspicious of Mr. Bernhard. My lawyer attributes this to a general distrust of foreigners on the part of the FBI. So now I have to persuade them that Hans had the same intentions as me (that is, no votes were going to be bought or sold, it was intended to raise awareness about the issues, et cetera.) At this point, I should sever any ties with anything that you may decide to do with voteauction.com or any derivitive of that name. The content that I provided is public domain and free of copyright, so I have no say in what you may decide to do with that. You probably should not cc me on any emails about future plans that you might have for the project. Hans, I understand that my lawyer tried to contact you and that you wanted verification that he is, in fact, my lawyer. His name is Dan Stewart, he works for Dreyer Boyajian LLP, his email is dstewart@dreyerboyajian.com. His phone number is +1-518-463-7784. He was highly recommended by Paul Rapp, one of my thesis committee members. I've been happy with what he has done so far. As far as the Illinois lawsuit goes, it seems like they are pretty satisfied so far, except that they still want the names and information about the people who registered from Illinois. Since the only way I could access that information was through typing a specific url (which is now no longer available) I can not give them that information. Luckily, I never kept that data on my computer. I am going to set up a new site, election4sale.com, this will be the meta-site for voteauction.com. I will include information about why I started voteauction.com and the fact that it was not a real auction, et cetera. That's about it. Hans should probably have his lawyers contact Dan Stewart for response to the illinois lawsuit. There is concern over whether or not Illinois has jurisdiction because voteauction.com was not actually transacting in commerce in Illinois (of course, the Illinois board of elections would disagree.) I talked with Mark Anderson (from wirednews) and relayed most of what I can legally tell him at this point (there was no auction, the site was intended to be political satire, et cetera.) Wired will have an exclusive on the story for 24 hours, then I'll start talking to CNN and some of the other 40 people who have called me in the last two days. James BaumgartnerDelivered-To: hans@ubermorgen.com Date: Mon, 23 Oct 2000 16:32:17 +0200 (MEST) From: Oskar Obereder X-Sender: oskar@ikarus To: lizvlx cc: hans@ubermorgen.com Subject: Re: nice article hoi, michael pilz ++43 1 4060551 28, cooler anwalt, denke er konnte sich vote-auction interressieren. der SIL anwalt, ist damit leicht ueberfordert. cu o. >dears >read below this really nice article... > >best >lizvlx > >http://technodemocracy.org/people/tgw/docs/voteauction-whackamole.html > >VoteAuction.com & The Whack-A-Mole Defense > >By Thom Wysong > >7:00 AM EDT, 22 October 2000 > >Only a day ago some were declaring that VoteAuction.com was dead. It's not so. It never was. > >Earlier this year the web site stirred up controversy when the site, and the New York based graduate student who created it, first came to the public's attention. When New York authorities threatened legal action, the web site was temporarily shut down. Ownership of the site was transferred to an Austrian entrepreneur who promptly re-opened the web site running on a server in Bulgaria - out of the reach of American authorities. Or, so it seemed. > >The weak link in their plan was that Domain Bank, the company that controlled their DNS entry, was based in the State of Pennsylvania. Last week, the Chicago Board of Election Commissioners took advantage of this weak link and obtained a court order forcing the US based company to remove VoteAuction.com from their Domain Name System (DNS). This action rendered the site unreachable by most people. But it did not shut the web site down, as was erroneously reported. > >For those not familiar with DNS, this is analogous to someone's name being removed from the telephone directory - their telephone is still hooked up, but people can no longer look that person's name up in the directory. To call that person you need to find the phone number from some other source, or simply remember what it was. But, you can still call the person. > >With the VoteAuction.com site, the same was true. In other words, even after the DNS entry had been deleted, the original VoteAuction.com website was still accessible from the Internet by those who knew how to find the website's "phone number" (its IP address) using such tools as a WHOIS search and a DNS lookup. > >However, to see what's posted on the website it's no longer necessary to track down its IP address. A few days ago, on 18 October 2000, the people behind VoteAuction.com registered a new domain name - apparently as a backup for the one they realized might get removed from DNS. The new domain name is simply Vote-Auction.com. All they did was add a hyphen. > >However, this time they didn't make the same mistake with their DNS company. On this second go 'round they registered with a division of CSL GmbH, based in Germany, which supplies domain names in cooperation with CORE, based in Switzerland. With the web site now administered from Austria, served from Bulgaria, and registered in Germany and Switzerland, it appears that this new Vote-Auction.com site will be much more resistant to the US legal system than its predecessor was. > >One thing that was interesting about the old VoteAuction.com web site was that, even though its DNS entry had been deleted, the web site itself remained reachable on Friday and Saturday by those who had the technical expertise to do so. However, in place of the regular web site, visitors were greeted with a message stating "URGENT NOTICE TO ALL VOTE-AUCTIONEERS: vote-auction.com services had been temporarily offline". And below this text was a graphic image showing part of the Temporary Restraining Order from the Chicago Board of Election Commissioners and the Illinois court. This alternate content was present on the original VoteAuction.com web site and the new Vote-Auction.com web site for at least part of Friday and most of Saturday. Then, first thing Sunday morning, the new Vote-Auction.com site began displaying the data from the original web site and a new press release explaining the events of the past week from Vote-Auction.com's perspective. > >One thing that is noticeable about the revived site is that it appears to be listing information for both the State of New York and the State of Illinois. The information from New York had previously been removed after state officials had threatened legal action. And, it could reasonably be assumed that information for Illinois would have also been removed as a response to last week's court order. However, since information for both states seem to be listed, and it appears new entries can be created for both buying and selling votes in these states, the site's operators seem to be signaling they believe they are safely out-of-reach of US officials. > >Another thing that is interesting about the new Vote-Auction.com web site is that it was up and running on Friday - the same day the original domain name was shut down. In other words, the web site got shut down in one place and popped up somewhere else. On the Internet, this has become known as the "whack-a-mole" technique - named after a popular arcade game. With the game, a little plastic critter pops up from one hole in a grid of holes, the player "whacks" it down into its hole with a rubber mallet, and the critter instantly pops back up from a different hole. Every time the mole is whacked down, it pops up somewhere else. > > >Whack-A-Mole is used as a defense strategy on the Internet when some entity attempts to suppress information it considers illegal or unethical, but which others consider to be legitimate. When one source of the information is shut down, one or more copies of it appear elsewhere - almost instantaneously. The more valuable the information is believed to be, the more vigorously this technique is applied. > >With the arcade game, there is a linear correlation between the moles going down and the moles popping up - one mole pops up for every mole hit down. However, on the Internet, there is potentially an exponential correlation - many "moles" can pop up for every "mole" hit down. > >A paper entitled Whack-A-Mole In Action ( http://technodemocracy.org/people/tgw/docs/whackamole.html ) offers a number of quotes and links on the technique as it has been used to propagate a computer program known as DeCSS, which can read DVD disks without a DVD player. There is a difference between DeCSS and VoteAuction.com in that one is static information that can be copied and the other is an active web site. However, the technique has been applied in both cases. > >As for the new Vote-Auction.com, there are reports that it not only intends to continue trafficking in US votes, but that it also may be expanding to the UK, Germany, Russia, Japan, and worldwide. Whether or not they will succeed remains to be seen. My guess is they won't. There are just too many ways to defeat such a mechanism as a vote auction. And, the best ways have nothing to do with restraining orders. But I'll leave that topic for another day. > >Thanks goes to Adi Fairbank for providing assistance in sleuthing out the old VoteAuction.com site after its DNS entry was deleted. > >© Copyright 2000 by Thom G. Wysong > -- SILVER SERVER \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\ \\ o@sil.at www.sil.at -- PGP-Key-ID: 0x82EE53EC OO14-RIPE,SIL-MNT keep your backbone tidy Delivered-To: hans@ubermorgen.com X-Sender: hans@mail.ubermorgen.com (Unverified) Date: Thu, 26 Oct 2000 19:57:46 +0200 To: hans@ubermorgen.com From: net_CALLBOY Subject: laurence lessig http://cyber.law.harvard.edu/lessigbio.html -- . . . . . . . . . . . : ::ubermorgen.com:: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .mob +43-676-9300061. . . .ema hans@ubermorgen.com. . . . . . .fax +43-1-9681022. . . . .icq 38302022 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .if you dont get help from us,please get help somewhere! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . http://www.vote-auction.com "bringing capitalism and demo- . crazy closer together" :: brought to you by ubermorgen.com: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . http://www.wired.com/news/politics/0,1283,38559,00.html . http://www.cnn.com/video/burden/2000/10/24/show.rm80.ram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . uberDISCLAIMER 01 :: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:: the contents of this email, and any attachments, are . . . .CONFIDENTIAL and intended only for the person[s] to whom. . . .they are addressed:: if you have received the email in. . . . .error, please notify the sender immediately and delete it . . .from your computer system:: do not copy or distribute it. . . .or disclose its contents to any person:: unless otherwise . . .stated, the views and opinions expressed in this email are. . .personal to the sender and do not represent the official. . . .view of the company :: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delivered-To: hans@ubermorgen.com Date: Thu, 26 Oct 2000 12:51:25 -0700 Subject: Re: attn mr. lessig: vote-auction.com From: Lawrence Lessig To: ubermorgen thankyou for your email, and my best to Volker as well. I personally am not in a position to take on this case, but I am happy to ask a few who may. It is best that I not comment on the merits of the case in this medium. More soon. -- Lessig Stanford Law School Crown Quadrangle 559 Nathan Abbott Way Stanford, CA 94305-8610 650.736.0999 (vx) 650.723.8440 (fx) 419.831.9295 (eFax) mailto:lessig@pobox.com >From: ubermorgen >Date: Thu, 26 Oct 2000 00:16:12 +0200 >To: lessig@pobox.com >Subject: attn mr. lessig: vote-auction.com > > >dear laurence > >we/ i received y/email address from volker grassmuth and pit schultz. [btw: best regards from volker to you!] > >my name is luzius a. bernhard, ceo of >ubermorgen.com, owner of vote-auction.com [ex voteauction.com], founder of etoy.com. > >as you might have heard in the news or seen on the net, vote-auction.com is a platform for us-voters to offer their votes for sale and for bidders to buy these votes via an auction (which will take place on nov 7th). > >the media coverage of the case is massive, we are currently doing about 10-15 interviews per day, especially with us newspapers, radio and tv stations. yesterday, at 12:30 eastern, vote-auction.com was the topic on CNN's >"burden of truth", we joined the discussion via telephone. > >articles and broadcasts on/in NBC, Washington Post, wirednews, FOX, just to name a few big ones. > >now, we have been named in a civil law suit initiated by the chicago board of elections. a temporary injunction has been granted by the judge of a local court in chicago. domainbank, our registrar, has been forced to shut down the domain voteauction.com. you can find more chicago legal papers at the following url >http://www.vote-auction.com/legal/index.htm > >further, there have been emails and legal documents received from texas, nebraska, california secretary of state and the technology crime unit in arizona, all threatening or actually filing law suits against myself and related people in the case of vote-auction.com [such as the ceo and the cto of our ISP, as it has been the case with the chicago law suit]. > >we have a lawyer in berlin consulting us regarding potential problems associated with the ongoing chicago lawsuit. now, we have upcoming hearings, the first one on the 30th of october 2000 in chicago. > >we are now looking for US-lawyers to work with us in order to defend our case in the US. > >we were told that you might be interested in such a case. or if this is not interesting for you, it would be great if you could point us to a colleague of yours. > >our company ubermorgen.com is a very small [3 people] company, working commercially in order to pay our own salaries and to finance our inhouse projects such as vote-auction.com, bannster.net, etoy, etxtreme.ru... > >we will be able to pay some legal support, but i think this would be drop of water onto a hot stone. > >looking very much forward to hearing from you! > >best regards > >luzius a. bernhard >kurrentgasse 10/22 ziegelstrasse 23 >a-1010 vienna/austria 10117 berlin/germany > >+43 676 930 00 61 +49 175 20 66 954 > >-- > >. . . . . . . . . . . : ::ubermorgen.com:: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .mob +43-676-9300061. . . .ema hans@ubermorgen.com. . . . . . .fax +43-1-9681022. . . . .icq 38302022 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . > >. .if you dont get help from us,please get help somewhere! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . > >. http://www.vote-auction.com "bringing capitalism and demo- . crazy closer together" :: brought to you by ubermorgen.com: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . http://www.wired.com/news/politics/0,1283,38559,00.html . http://www.cnn.com/video/burden/2000/10/24/show.rm80.ram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . > >. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . uberDISCLAIMER 01 :: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:: the contents of this email, and any attachments, are . . . .CONFIDENTIAL and intended only for the person[s] to whom. . . .they are addressed:: if you have received the email in. . . . .error, please notify the sender immediately and delete it . . .from your computer system:: do not copy or distribute it. . . .or disclose its contents to any person:: unless otherwise . . .stated, the views and opinions expressed in this email are. . .personal to the sender and do not represent the official. . . .view of the company :: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . > Delivered-To: hans@ubermorgen.com Date: Thu, 26 Oct 2000 13:36:19 -0700 Subject: Re: attn mr. lessig: vote From: Lawrence Lessig To: ubermorgen It is true, isn't it, that you don't actually facilitate any sale of anything, right? -- Lessig Stanford Law School Crown Quadrangle 559 Nathan Abbott Way Stanford, CA 94305-8610 650.736.0999 (vx) 650.723.8440 (fx) 419.831.9295 (eFax) mailto:lessig@pobox.com >From: ubermorgen >Date: Thu, 26 Oct 2000 22:23:57 +0200 >To: Lawrence Lessig >Subject: Re: attn mr. lessig: vote > > >dear l > >thank you very much for your fast reply. > >we would be very happy to be introduced to someone whom you trust, and who would be interested and willing to defend us in this matter. > >looking forward > >best regards > >luzius bernhard > > >>thankyou for your email, and my best to Volker as well. I personally am not in a position to take on this case, but I am happy to ask a few who may. It is best that I not comment on the merits of the case in this medium. >> >>More soon. >-- > >. . . . . . . . . . . : ::ubermorgen.com:: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .mob +43-676-9300061. . . .ema hans@ubermorgen.com. . . . . . .fax +43-1-9681022. . . . .icq 38302022 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . > >. .if you dont get help from us,please get help somewhere! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . > >. http://www.vote-auction.com "bringing capitalism and demo- . crazy closer together" :: brought to you by ubermorgen.com: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . http://www.wired.com/news/politics/0,1283,38559,00.html . http://www.cnn.com/video/burden/2000/10/24/show.rm80.ram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . > >. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . uberDISCLAIMER 01 :: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:: the contents of this email, and any attachments, are . . . .CONFIDENTIAL and intended only for the person[s] to whom. . . .they are addressed:: if you have received the email in. . . . .error, please notify the sender immediately and delete it . . .from your computer system:: do not copy or distribute it. . . .or disclose its contents to any person:: unless otherwise . . .stated, the views and opinions expressed in this email are. . .personal to the sender and do not represent the official. . . .view of the company :: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . > Delivered-To: hans@ubermorgen.com Date: Thu, 26 Oct 2000 22:13:42 -0700 From: Brad Templeton To: hans@ubermorgen.com Subject: EFF and vote-auction Organization: http://www.templetons.com/brad This is Brad Templeton from the EFF. You forwarded your case to Larry Lessig, on our board. I find your case quite interesting. I'm operating under the assumption that your site is satirical commentary on the political system. Yet I note you have neither confirmed nor denied that it is a satire, and if it is, it is an interesting question of whether you should have to reveal this in order to avoid prosecution. I think we would be curious to know, in confidence or otherwise, if it is satire or not. Ie. it seems to me you never actually plan to hook up the bidders and sellers. I tried to bid and got no email back or any way to place a bid. I also suspect your numbers on your check page are in fact also just made up, and nobody has really seriously bid those amounts. (The number of people offering votes for sale may be real, only you and the sellers know for sure.) One would hope that if it's all a joke, you have in no way violated the law, and I would like to help you. We would have to see if there is precedent on such issues of satire. If it makes sense, we could arrange for you to reveal to us under attorney-client privilege whether or not the site is real and could ever have really been involved in vote-selling. I don't know if I can sell the others but I would defend the right to not have to reveal the joke just because some idiots don't get it.Delivered-To: hans@ubermorgen.com X-Sender: hans@mail.ubermorgen.com (Unverified) Date: Sat, 28 Oct 2000 18:37:30 +0200 To: Brad Templeton From: net_CALLBOY Subject: under attorney-client privilege Cc: pr@vote-auction.com, liz@ubermorgen.com, hans@ubermorgen.com dear brad, thanks a lot for your email. between us, of course our site is a satire. we are not planning on living of this site. but this is only between us. concerning the numbers on the page: i actually do not know if and fake they are, i know that tons of people are signing up for both selling AND buying. I don't know if I can sell the others but I would defend the right to not have to reveal the joke just because some idiots don't get it. that would of course be great. we have this hearing on oct 30th in chicago, i guess we cannot really do any appearance of a lawyer for that date, can we... :) i guess, i you wanna help us out, maybe lets give each other a phonecall. you can reach us at 011-49-175-2066954 best regards, hans & lizvlx from vote-auction.com This is Brad Templeton from the EFF. You forwarded your case to Larry Lessig, on our board. I find your case quite interesting. I'm operating under the assumption that your site is satirical commentary on the political system. Yet I note you have neither confirmed nor denied that it is a satire, and if it is, it is an interesting question of whether you should have to reveal this in order to avoid prosecution. I think we would be curious to know, in confidence or otherwise, if it is satire or not. Ie. it seems to me you never actually plan to hook up the bidders and sellers. I tried to bid and got no email back or any way to place a bid. I also suspect your numbers on your check page are in fact also just made up, and nobody has really seriously bid those amounts. (The number of people offering votes for sale may be real, only you and the sellers know for sure.) One would hope that if it's all a joke, you have in no way violated the law, and I would like to help you. We would have to see if there is precedent on such issues of satire. If it makes sense, we could arrange for you to reveal to us under attorney-client privilege whether or not the site is real and could ever have really been involved in vote-selling. I don't know if I can sell the others but I would defend the right to not have to reveal the joke just because some idiots don't get it. -- . . . . . . . . . . . : ::ubermorgen.com:: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .mob +43-676-9300061. . . .ema hans@ubermorgen.com. . . . . . .fax +43-1-9681022. . . . .icq 38302022 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .if you dont get help from us,please get help somewhere! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . http://www.vote-auction.com "bringing capitalism and demo- . crazy closer together" :: brought to you by ubermorgen.com: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . http://www.wired.com/news/politics/0,1283,38559,00.html . http://www.cnn.com/video/burden/2000/10/24/show.rm80.ram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . uberDISCLAIMER 01 :: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:: the contents of this email, and any attachments, are . . . .CONFIDENTIAL and intended only for the person[s] to whom. . . .they are addressed:: if you have received the email in. . . . .error, please notify the sender immediately and delete it . . .from your computer system:: do not copy or distribute it. . . .or disclose its contents to any person:: unless otherwise . . .stated, the views and opinions expressed in this email are. . .personal to the sender and do not represent the official. . . .view of the company :: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delivered-To: hans@ubermorgen.com Date: Sat, 28 Oct 2000 11:25:59 -0700 From: Brad Templeton To: net_CALLBOY Subject: Re: under attorney-client privilege Organization: http://www.templetons.com/brad Yikes, I should note that I am not a lawyer (just chairman of the board) so I will have to ask if because we're a legal org that something told to me qualifies. No big risk, as I won't blab this and you already told Larry (who is a lawyer and is another board member) the same thing, and in court you probably are going to have to reveal this, since in the end it seems that actually soliciting votes for sale is illegal, but I would hope to establish that satirizing the electoral process by pretending to do so should not be.Delivered-To: hans@ubermorgen.com Date: Sat, 28 Oct 2000 12:09:12 -0700 From: Brad Templeton To: net_CALLBOY Subject: Re: under attorney-client privilege Organization: http://www.templetons.com/brad I'm checking into whether we can find that now, though it's tough on the weekend. I think Larry was also going to send you some contacts at the ACLU. The one he would probably send you to is Barry Steinhardt (barrys@aclu.org) but they would want to forward you to ACLU of Illinois and I don't know anybody there. I think at some point you are going to have to go public, at least to the judge and say "this is a satire, we have done no verification of buyers and sellers, we never had plans to actually connect the buyers and sellers, even in the unlikely event that they were serious" and say that the plaintiffs have shown no evidence that anybody was really trying to buy or sell votes. It would be even better if you had simply discarded the offers to buy and sell and just counted them, which would be solid proof of no intent. Too late to do it now, though. But I'm not a lawyer, so this isn't legal advice.Delivered-To: hans@ubermorgen.com Date: Sat, 28 Oct 2000 14:30:13 -0700 Subject: From: Lawrence Lessig To: ubermorgen Can you tell me the status of your representation. I've raised some interest over here, but have not yet secured an attorney. -- Lessig Stanford Law School Crown Quadrangle 559 Nathan Abbott Way Stanford, CA 94305-8610 650.736.0999 (vx) 650.723.8440 (fx) 419.831.9295 (eFax) mailto:lessig@pobox.comDelivered-To: hans@ubermorgen.com X-Sender: Barrys@208.151.193.2 Date: Sat, 28 Oct 2000 19:43:53 -0400 To: ubermorgen From: Barry Steinhardt Subject: Re: under attorney-client privilege X-Apparently-From: BSSaclu@cs.com Mr. Bernhard, I cannot make any promises, but it is possible that we might be interested in this case. I am travelling, but I forwarded your message to the appropriate staff members in our Legal Department for their evaluation. I should warn you that they are not likely to see this until Monday. Barry Steinhardt At 10:26 PM 10/28/00 +0200, you wrote: dear barry my name is luzius a. bernhard. i am the owner of vote-auction.com. we have been pointed to you by brad templeton on request from lawrence lessig. i have been named in a civil law suit filed in chicago illionis/cook county. we are currently looking for a lawyer defending our case at a hearing on the 30th of october 2000, so very close and urgent. it might be that we are also looking for a lawyer to continue defending the case if the hearing will not result in dropping this law suit. additionally we are under investigation of the texas attorney general, calif. secretary of state, nebraska, massachusetts, technology crime unit arizone and ohio. there might be some cases coming up and we would need legal support. please let us know wheter such a case would be of interest for you or if it is possible to be represented via the aclu.org network. we would be glad to hear from you. best regards luzius a. bernhard hans@ubermorgen.com +43 676 930 00 61 -- . . . . . . . . . . . : ::ubermorgen.com:: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .mob +43-676-9300061. . . .ema hans@ubermorgen.com. . . . . . .fax +43-1-9681022. . . . .icq 38302022 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .if you dont get help from us,please get help somewhere! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . http://www.vote-auction.com "bringing capitalism and demo- . crazy closer together" :: brought to you by ubermorgen.com: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . http://www.wired.com/news/politics/0,1283,38559,00.html . http://www.cnn.com/video/burden/2000/10/24/show.rm80.ram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . uberDISCLAIMER 01 :: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:: the contents of this email, and any attachments, are . . . .CONFIDENTIAL and intended only for the person[s] to whom. . . .they are addressed:: if you have received the email in. . . . .error, please notify the sender immediately and delete it . . .from your computer system:: do not copy or distribute it. . . .or disclose its contents to any person:: unless otherwise . . .stated, the views and opinions expressed in this email are. . .personal to the sender and do not represent the official. . . .view of the company :: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delivered-To: hans@ubermorgen.com Date: Sat, 28 Oct 2000 17:14:52 -0700 From: Brad Templeton To: net_CALLBOY Subject: Re: under attorney-client privilege Organization: http://www.templetons.com/brad Still no word back from our staff lawyers. It is not a good sign on the weekend. Will let you know if I hear anything.Delivered-To: hans@ubermorgen.com X-Sender: voteauction@mail.ubermorgen.com (Unverified) Date: Sun, 29 Oct 2000 04:20:15 +0100 To: liz@ubermorgen.com, hans@ubermorgen.com From: "[V]ote-auction.com PR" Subject: Fwd: Open Letter to Mayor Richard M. Daley of Chicago Regarding Voteauction.com Delivered-To: voteauction@www.etxtreme.ru Delivered-To: pr@voteauction.com From: SImparl@aol.com Date: Mon, 16 Oct 2000 12:41:11 EDT Subject: Open Letter to Mayor Richard M. Daley of Chicago Regarding Voteauction.com To: mayordaley@ci.chi.il.us CC: ACLUIL@aol.com, feedback@cdt.org, ssteele@eff.org, freematt@coil.com, declan@well.com, azimmer@elections.state.il.us, mcooke@suntimes.com, dbyrne@suntimes.com, ChiEd@aol.com, Rap30@aol.com, attorney_general@state.il.us, gigalaw-discuss@lists.gigalaw.com, dick@durbin.senate.gov, Senator_Fitzgerald@fitzgerald.senate.gov, web-law@egroups.com Dear Mayor Daley: I have been informed that the Chicago Board of Elections intends to take legal action against a Web site, known as Voteauction.com, which is available on the World Wide Web at the following URL: http://www.voteauction.com As a citizen of Chicago, I am disgusted by this blatant and illegal attempt to quash free speech of the kind that is clearly political speech--the classic kind of speech protected by the First Amendment of the Constitution of the United States, and Article I, Section 4 of the Constitution of the State of Illinois. If you and the Board of Elections had bothered to look at the site, you would have seen that the site is a political commentary. I explain the reasons for this conclusion below. I include here my analysis of the site and my reasoning for why this site is protected by the First Amendment. Please note that, although I am a lawyer, I do not represent the owners of Voteauction.com or any of their agents or employees. I am writing as a private citizen who is outraged by this abuse of power and attempt to stifle political discussion. It is my hope that the owners of Voteauction.com fight this injustice and seek sanctions against the City of Chicago for violating Rule 11 of the Federal Rules of Civil Procedure (if the action is filed in federal court) or for violating Rule 137 of the Supreme Court of Illinois (if the action is filed in state court). Here is my analysis. Whenever I refer to "site" without qualification, I mean the Voteauction.com Web site. 1. Somehow, looking at the entire site, I just cannot see a conspiracy or a solicitation to commit voting fraud, as some governmental officials have alleged. I don't think voteauction.com is making any serious offers. 2. I have looked at the site extensively. It does appear to be a parody and a political commentary. This is especially apparent when one looks at the "Links" page, which contains several links to pages offering commentary about and suggesting the reform of campaign financing. 3. I do not see any real mechanisms in place for collecting information and turning that information into fraudulent votes, or even for accomplishing the purported auction. There seem to be no means for collecting any payments and no means for bidding. 4. The site refers to a "corporate bidder's agreement" which gives a "404" error when one tries to access it. The site does not contain a comparable "individual bidder's agreement." 5. The bidders' "ID" numbers of the persons supposedly having the high bid are suspicious: they all end in "01," "10," and "15," and several of these "ID" numbers are duplicates. Further, the amount of the current "high bid" is not even displayed--most peculiar for an auction site. If this were a real auction, how could any bidders know what bid they have to beat? 6. There are no specifics about payment or anything related to payment mechanisms. 7. There has been some comment an online mailing list I moderate that the presence of the New York disclaimer implies that some law has been violated. I reject that view. Here's a news story about the how voteauction.com was treated in New York: http://www.cnn.com/2000/TECH/computing/08/23/voteauction.shutsdown.idg/index.h Further support for the view that the site is a parody and a political commentary is available at: http://www.fsb.com/fortunesb/articles/0,2227,966,00.html Moreover, the mere fact that the site says "Not Valid in New York" merely means that New York officials have successfully pressured the owner of the site to display that message. New York has tried to regulate the entire Internet before. Have you read the court's opinion in _American Library Ass'n v. Pataki_, 969 F.Supp. 160 (S.D.N.Y. 1997)? 8. While some government officials claim that this site is buying and selling votes, I find little support for that claim when I analyze the entire site. There are too many things missing on the site for any reasonable person viewing it to conclude that this Web site is seriously soliciting the buying or selling of votes. (See paragraphs 3 through 6 above for a more detailed explanation of the problems inherent in claiming this site is soliciting election fraud.) 9. While I do think the site is a joke; it does not appear to be "doing" much of anything. However, it does contain quite a lot of commentary--commentary that is valuable to an informed electorate. 10. I think the original owner of the site presented it precisely for its shock value. That, in my opinion, is protected political speech. 11. With a considerable amount of imagination, one _might_ conclude that this site is engaged in illegal activity. I am talking of the kind of imagination that can envision the cow jumping over the moon. 12. I don't see any real buying and selling of votes actually occurring; the "bidding" process is highly suspect and the site does not have any of the features of real auction sites like eBay, Yahoo! Auctions, and so forth. 13. Much of the commentary I have read assumes (in a rather circular fashion) that this site is indeed an auction. To that claim, I pose the following questions. --Where are the notices of binding agreements to the bidders? --Where are the particulars about how the "sales" are to be accomplished? --Where is PayPal or any other payment mechanism? 14. At best, I see a caricature of an auction that has ruffled the feathers of politicos, perhaps because it hits a bit too close to home. This site is clearly a funny parody and public education site. No reasonable person could construe this site as a real solicitation, conspiracy, or attempt to buy or sell votes. 15. Look at the entire Web site--the totality of the circumstances. You will see many links to commentary about issues to voters. However, you will not see any specifics regarding how the alleged buying and selling of votes will take place or any real steps in furtherance of such an activity. What I do see is a heavy-handed attempt by the government to quash political speech. 16. The uproar in Illinois all apparently started because an oversensitive commissioner of Chicago's Board of Elections was offended by this site which recalls unpleasant memories of corruption in the city government of Chicago. The proper response for the City of Chicago would be a public relations and media campaign to show how it guarantees clean, fair, and legal elections, and most certainly not to stifle expression about important issues of campaign finance. To attempt to silence this site raises a very simple question: why does this particular exercise of political speech frighten you so much? 17. That the site offends the sensibilities of government officials--who aren't even named on the site--really is just too bad. This site offers a lot of valuable links to other sites that will be of interest to voters. If you look at the "News & Press" link, you will find some stories there that offer fascinating commentary about the American political system, cynicism in the electorate, the role of corporations and special interest groups in campaign financing, "soft money," and the role of political parties. 18. To attempt to shut this site down would be to trammel on free political speech protected by the United States and Illinois Constitutions. That government officials have nothing better to do with their time than to harass a Web site that exemplifies our treasured legal and social traditions of freedom of expression is gravely disappointing. Afterthought: I wonder how many cars the Chicago Bureau of Parking Enforcement had to tow in order to pay for the time the bureaucrats have spent pursuing this non-issue. Sincerely, Steven Imparl, Esq. Copies to: Illinois' U.S. Senators, Various Journalists, Civil Liberties Activists, Internet Law Mailing Lists, Voteauction.com Message Board -- . . [V]ote-auction.com . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . http://www.vote-auction.com . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ema pr@vote-auction.com . . . . . . . . . . . . . . . . . . . fax|at +43-1-9681022. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . bringing democracy and capitalism closer together! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delivered-To: hans@ubermorgen.com Date: Mon, 30 Oct 2000 11:40:36 -0800 From: Brad Templeton To: net_CALLBOY Subject: Re: under attorney-client privilege Organization: http://www.templetons.com/brad Our staff continue to report being swamped, so I am sorry we weren't able to produce anything for you over the weekend. How did the hearing go? Did anybody go on your behalf?Delivered-To: hans@ubermorgen.com Date: Mon, 30 Oct 2000 12:32:09 -0800 Subject: Re: From: Lawrence Lessig To: net_CALLBOY , Chris Hansen I understood from Chris Hanson of the ACLU that the Illinois Chapter will represent you. Please confirm if that is not correct. -- Lessig Stanford Law School Crown Quadrangle 559 Nathan Abbott Way Stanford, CA 94305-8610 650.736.0999 (vx) 650.723.8440 (fx) 419.831.9295 (eFax) mailto:lessig@pobox.com >From: net_CALLBOY Date: Sun, 29 Oct 2000 00:11:45 +0200 >To: Lawrence Lessig >Subject: Re: > > >dear lawrence > >>Can you tell me the status of your representation. I've raised some interest over here, but have not yet secured an attorney. > >thank you very much for asking. > >we have been in touch with Brad Templeton who is not an attorney but pointed us to Barry Steinhardt >(barrys@aclu.org) from ACLU. i have contacted him and have not received any reply yet. > >in general we do have an attorney in germany, but she is not an attorney able to work in the US. > >so, we have no further contacts with attorneys yet. > >we are still looking for someone to represent us in chicago and possible future law suits coming up. > >best regards >luzius a. bernhard > > >>-- >> >>Lessig >>Stanford Law School >>Crown Quadrangle >>559 Nathan Abbott Way >>Stanford, CA 94305-8610 >>650.736.0999 (vx) >>650.723.8440 (fx) >>419.831.9295 (eFax) >> mailto:lessig@pobox.com > >-- > >. . . . . . . . . . . : ::ubermorgen.com:: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .mob +43-676-9300061. . . .ema hans@ubermorgen.com. . . . . . .fax +43-1-9681022. . . . .icq 38302022 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . > >. .if you dont get help from us,please get help somewhere! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . > >. http://www.vote-auction.com "bringing capitalism and demo- . crazy closer together" :: brought to you by ubermorgen.com: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . http://www.wired.com/news/politics/0,1283,38559,00.html . http://www.cnn.com/video/burden/2000/10/24/show.rm80.ram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . > >. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . uberDISCLAIMER 01 :: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:: the contents of this email, and any attachments, are . . . .CONFIDENTIAL and intended only for the person[s] to whom. . . .they are addressed:: if you have received the email in. . . . .error, please notify the sender immediately and delete it . . .from your computer system:: do not copy or distribute it. . . .or disclose its contents to any person:: unless otherwise . . .stated, the views and opinions expressed in this email are. . .personal to the sender and do not represent the official. . . .view of the company :: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . > Delivered-To: hans@ubermorgen.com From: "Chris Hansen" To: "Lawrence Lessig" , "net_CALLBOY" Subject: RE: Date: Mon, 30 Oct 2000 15:53:07 -0500 X-Priority: 3 (Normal) Importance: Normal Actually, as I understand it, the ACLU of Illinois is representing James Baumgartner, who is associated with the web site but in a slightly different capacity. If Mr. Bernhard wants to know more, he should contact Harvey Grossman at the ACLU of Illinois, hgrossman@aclu-il.org. Delivered-To: hans@ubermorgen.com Date: Tue, 31 Oct 2000 14:16:40 +0100 (CET) From: hans_extreme To: Lawrence Lessig cc: Chris Hansen , hans@ubermorgen.com, liz@ubermorgen.com Subject: Re: dear lawrence thank you for asking. i had no contact with mr. hanson or illinois chapter yet, therefore i have not been represented at the hearing october, 30th. i have sent in a written statement asking for delay in order to get legal representation. i will email mr. hanson straight away in order to make contact. thanks again, i appreciate your help very much. will try to keep you updated until we have found legal representation. best regards luzius bernhard On Mon, 30 Oct 2000, Lawrence Lessig wrote: >I understood from Chris Hanson of the ACLU that the Illinois Chapter will represent you. Please confirm if that is not correct. -- > >Lessig >Stanford Law School >Crown Quadrangle >559 Nathan Abbott Way >Stanford, CA 94305-8610 >650.736.0999 (vx) >650.723.8440 (fx) >419.831.9295 (eFax) > mailto:lessig@pobox.com > >>From: net_CALLBOY Date: Sun, 29 Oct 2000 00:11:45 +0200 >>To: Lawrence Lessig Subject: Re: >> >> >>dear lawrence >> >>>Can you tell me the status of your representation. I've raised some interest over here, but have not yet secured an attorney. >> >>thank you very much for asking. >> >>we have been in touch with Brad Templeton who is not an attorney but pointed us to Barry Steinhardt >>(barrys@aclu.org) from ACLU. i have contacted him and have not received any reply yet. >> >>in general we do have an attorney in germany, but she is not an attorney able to work in the US. >> >>so, we have no further contacts with attorneys yet. >> >>we are still looking for someone to represent us in chicago and possible future law suits coming up. >> >>best regards >>luzius a. bernhard >> >> >>>-- >>> >>>Lessig >>>Stanford Law School >>>Crown Quadrangle >>>559 Nathan Abbott Way >>>Stanford, CA 94305-8610 >>>650.736.0999 (vx) >>>650.723.8440 (fx) >>>419.831.9295 (eFax) >>> mailto:lessig@pobox.com >> >>-- >> >>. . . . . . . . . . . : ::ubermorgen.com:: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .mob +43-676-9300061. . . .ema hans@ubermorgen.com. . . . . . .fax +43-1-9681022. . . . .icq 38302022 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . >> >>. .if you dont get help from us,please get help somewhere! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . >> >>. http://www.vote-auction.com "bringing capitalism and demo- . crazy closer together" :: brought to you by ubermorgen.com: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . http://www.wired.com/news/politics/0,1283,38559,00.html . http://www.cnn.com/video/burden/2000/10/24/show.rm80.ram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . >> >>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . uberDISCLAIMER 01 :: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:: the contents of this email, and any attachments, are . . . .CONFIDENTIAL and intended only for the person[s] to whom. . . .they are addressed:: if you have received the email in. . . . .error, please notify the sender immediately and delete it . . .from your computer system:: do not copy or distribute it. . . .or disclose its contents to any person:: unless otherwise . . .stated, the views and opinions expressed in this email are. . .personal to the sender and do not represent the official. . . .view of the company :: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . >> >> > Delivered-To: Hans@ubermorgen.com Date: Tue, 31 Oct 2000 12:24:11 -0600 From: "Toni Pitts" To: Subject: Please read NOTICE: You are hereby notified that the State of Missouri, United States of America, through its Attorney General will file a civil lawsuit against Hans Bernhard, Luzius Bernhard, Vienna Backbone Service, and Core Internet Registrars and request a temporary restraining and other relief alleging violations of the Merchandising Practices Act, Chapter 407 RSMo . The request will be made before the Cole County Circuit Court on November 1, 2000 at 2:30 p.m. (CST) or as soon thereafter as counsel may be heard. You or your attorney should seek out Linda Roark, Circuit Clerk of the Cole County Circuit Court concerning who would hear Plaintiff's request for a temporary restraining order.To: Barry Steinhardt From: net_CALLBOY Subject: under attorney-client privilege Cc: Bcc: liz@ubermorgen.com, hans@ubermorgen.com X-Attachments: under attorney-client privilege Mr. Bernhard, dear mr. steinhardt thank you again for communicating with me on the matter of vote-auction.com. i am currently making contact with aclu chapter in illinois. i have some delay due to incoming legal and technical problems. i will try to talk with the illinois chapter today or tomorrow in order to learn if aclu could represent me locally. on the other hand i would like to ask you personally, or in your aclu function, if you would be interested in this case. as i understand the signals, it could be prosecuted by general attorneys/authorities i.e. in texas, california, nebraska, mass., wisconsin, missouri, ohio, or any other state which started to investigate. if it were prosecuted i do believe i would need a prominent lawyer to represent me. the case has very high media potential and i understand part of the legal actions as pr or media-oriented too. please excuse my naive approach. i do not have lots of experience concerning the US legal system. attached the 2 latest emails by authorities. best regards luzius bernhard ps: we have just been turned of DNS by internic yesterday. from my point of view and ICANN point of view, this is clearly a violation of any kind of legal proceedings. additionally wisconsin and missouri general attorneys have filed civil lawsuits against my person, and my provider in austria and the registrar in germany. we DO NOT SELL OR BUY votes, i do not safe any personal data of voters or bidders, i do not have any user data. it is an art project and political project. i see it fully under free speech, but i am not willing to release this information before nov, 7th. everything afertwards, i am open to discuss and i am looking to be consulted legally. -------- Date: Tue, 31 Oct 2000 12:24:11 -0600 From: Toni Pitts To: Hans@ubermorgen.com Subject: Please read NOTICE: You are hereby notified that the State of Missouri, United States of America, through its Attorney General will file a civil lawsuit against Hans Bernhard, Luzius Bernhard, Vienna Backbone Service, and Core Internet Registrars and request a temporary restraining and other relief alleging violations of the Merchandising Practices Act, Chapter 407 RSMo . The request will be made before the Cole County Circuit Court on November 1, 2000 at 2:30 p.m. (CST) or as soon thereafter as counsel may be heard. You or your attorney should seek out Linda Roark, Circuit Clerk of the Cole County Circuit Court concerning who would hear Plaintiff's request for a temporary restraining order. -------- Date: Tue, 31 Oct 2000 15:32:38 -0600 From: "Kesner, Alan R." To: "'hans@ubermorgen.com'" , "'oskar@silverserver.co.at'" , "'info@joker.com'" Cc: "Oswald, Barbara L." , "Tinker, Steve E." Subject: Order Signed Today Parts/Attachments: 1 Shown 36 lines Text (charset: ISO-8859-1) 2 24 KB Application ---------------------------------------- [ The following text is in the "iso-8859-1" character set. ] [ Your display is set for the "US-ASCII" character set. ] [ Some characters may be displayed incorrectly. ] I have just been informed by Judge O'Brien's court that she had the opportunity to review the materials and signed the ex parte order as we proposed it.  A copy of the proposed order was included with the materials previously sent to you. We will forward a copy of the signed document when we receive it tomorrow. The matter is still scheduled for a temporary injunction hearing On Tuesday, November 7 at 9:00 am (-0600). Alan Kesner ---------------------- Alan R. Kesner kesnerar@doj.state.wi.us Assistant Attorney General Phone: (608) 267-2070 Wisconsin Department of Justice Fax: (608) 267-2778 123 West Washington Avenue P.O. Box 7857 Madison, Wisconsin USA 53707 Barbara L. Oswald oswaldbl@doj.state.wi.us Assistant Attorney General Phone: (608) 266-3067 Wisconsin Department of Justice Fax: (608) 267-2778 123 West Washington Avenue P.O. Box 7857 Madison, Wisconsin USA 53707 Steven E. Tinker tinkerse@doj.state.wi.us Assistant Attorney General Phone: (608) 266-0764 Wisconsin Department of Justice Fax: (608) 267-2778 123 West Washington Avenue P.O. Box 7857 Madison, Wisconsin USA 53707 ---- I cannot make any promises, but it is possible that we might be interested in this case. I am travelling, but I forwarded your message to the appropriate staff members in our Legal Department for their evaluation. I should warn you that they are not likely to see this until Monday. Barry Steinhardt At 10:26 PM 10/28/00 +0200, you wrote: dear barry my name is luzius a. bernhard. i am the owner of vote-auction.com. we have been pointed to you by brad templeton on request from lawrence lessig. i have been named in a civil law suit filed in chicago illionis/cook county. we are currently looking for a lawyer defending our case at a hearing on the 30th of october 2000, so very close and urgent. it might be that we are also looking for a lawyer to continue defending the case if the hearing will not result in dropping this law suit. additionally we are under investigation of the texas attorney general, calif. secretary of state, nebraska, massachusetts, technology crime unit arizone and ohio. there might be some cases coming up and we would need legal support. please let us know wheter such a case would be of interest for you or if it is possible to be represented via the aclu.org network. we would be glad to hear from you. best regards luzius a. bernhard hans@ubermorgen.com +43 676 930 00 61 -- . . . . . . . . . . . : ::ubermorgen.com:: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .mob +43-676-9300061. . . .ema hans@ubermorgen.com. . . . . . .fax +43-1-9681022. . . . .icq 38302022 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .if you dont get help from us,please get help somewhere! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . http://www.vote-auction.com "bringing capitalism and demo- . crazy closer together" :: brought to you by ubermorgen.com: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . http://www.wired.com/news/politics/0,1283,38559,00.html . http://www.cnn.com/video/burden/2000/10/24/show.rm80.ram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . uberDISCLAIMER 01 :: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:: the contents of this email, and any attachments, are . . . .CONFIDENTIAL and intended only for the person[s] to whom. . . .they are addressed:: if you have received the email in. . . . .error, please notify the sender immediately and delete it . . .from your computer system:: do not copy or distribute it. . . .or disclose its contents to any person:: unless otherwise . . .stated, the views and opinions expressed in this email are. . .personal to the sender and do not represent the official. . . .view of the company :: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delivered-To: hans@ubermorgen.com X-Sender: hans@mail.ubermorgen.com (Unverified) Date: Thu, 2 Nov 2000 06:38:31 +0100 To: Barry Steinhardt From: net_CALLBOY Subject: under attorney-client privilege under attorney-client privilege Mr. Bernhard, dear mr. steinhardt thank you again for communicating with me on the matter of vote-auction.com. i am currently making contact with aclu chapter in illinois. i have some delay due to incoming legal and technical problems. i will try to talk with the illinois chapter today or tomorrow in order to learn if aclu could represent me locally. on the other hand i would like to ask you personally, or in your aclu function, if you would be interested in this case. as i understand the signals, it could be prosecuted by general attorneys/authorities i.e. in texas, california, nebraska, mass., wisconsin, missouri, ohio, or any other state which started to investigate. if it were prosecuted i do believe i would need a prominent lawyer to represent me. the case has very high media potential and i understand part of the legal actions as pr or media-oriented too. please excuse my naive approach. i do not have lots of experience concerning the US legal system. attached the 2 latest emails by authorities. best regards luzius bernhard ps: we have just been turned of DNS by internic yesterday. from my point of view and ICANN point of view, this is clearly a violation of any kind of legal proceedings. additionally wisconsin and missouri general attorneys have filed civil lawsuits against my person, and my provider in austria and the registrar in germany. we DO NOT SELL OR BUY votes, i do not safe any personal data of voters or bidders, i do not have any user data. it is an art project and political project. i see it fully under free speech, but i am not willing to release this information before nov, 7th. everything afertwards, i am open to discuss and i am looking to be consulted legally. -------- Date: Tue, 31 Oct 2000 12:24:11 -0600 From: Toni Pitts To: Hans@ubermorgen.com Subject: Please read NOTICE: You are hereby notified that the State of Missouri, United States of America, through its Attorney General will file a civil lawsuit against Hans Bernhard, Luzius Bernhard, Vienna Backbone Service, and Core Internet Registrars and request a temporary restraining and other relief alleging violations of the Merchandising Practices Act, Chapter 407 RSMo . The request will be made before the Cole County Circuit Court on November 1, 2000 at 2:30 p.m. (CST) or as soon thereafter as counsel may be heard. You or your attorney should seek out Linda Roark, Circuit Clerk of the Cole County Circuit Court concerning who would hear Plaintiff's request for a temporary restraining order. -------- Date: Tue, 31 Oct 2000 15:32:38 -0600 From: "Kesner, Alan R." To: "'hans@ubermorgen.com'" , "'oskar@silverserver.co.at'" , "'info@joker.com'" Cc: "Oswald, Barbara L." , "Tinker, Steve E." Subject: Order Signed Today Parts/Attachments: 1 Shown 36 lines Text (charset: ISO-8859-1) 2 24 KB Application ---------------------------------------- [ The following text is in the "iso-8859-1" character set. ] [ Your display is set for the "US-ASCII" character set. ] [ Some characters may be displayed incorrectly. ] I have just been informed by Judge O'Brien's court that she had the opportunity to review the materials and signed the ex parte order as we proposed it. A copy of the proposed order was included with the materials previously sent to you. We will forward a copy of the signed document when we receive it tomorrow. The matter is still scheduled for a temporary injunction hearing On Tuesday, November 7 at 9:00 am (-0600). Alan Kesner ---------------------- Alan R. Kesner kesnerar@doj.state.wi.us Assistant Attorney General Phone: (608) 267-2070 Wisconsin Department of Justice Fax: (608) 267-2778 123 West Washington Avenue P.O. Box 7857 Madison, Wisconsin USA 53707 Barbara L. Oswald oswaldbl@doj.state.wi.us Assistant Attorney General Phone: (608) 266-3067 Wisconsin Department of Justice Fax: (608) 267-2778 123 West Washington Avenue P.O. Box 7857 Madison, Wisconsin USA 53707 Steven E. Tinker tinkerse@doj.state.wi.us Assistant Attorney General Phone: (608) 266-0764 Wisconsin Department of Justice Fax: (608) 267-2778 123 West Washington Avenue P.O. Box 7857 Madison, Wisconsin USA 53707 ---- I cannot make any promises, but it is possible that we might be interested in this case. I am travelling, but I forwarded your message to the appropriate staff members in our Legal Department for their evaluation. I should warn you that they are not likely to see this until Monday. Barry Steinhardt At 10:26 PM 10/28/00 +0200, you wrote: dear barry my name is luzius a. bernhard. i am the owner of vote-auction.com. we have been pointed to you by brad templeton on request from lawrence lessig. i have been named in a civil law suit filed in chicago illionis/cook county. we are currently looking for a lawyer defending our case at a hearing on the 30th of october 2000, so very close and urgent. it might be that we are also looking for a lawyer to continue defending the case if the hearing will not result in dropping this law suit. additionally we are under investigation of the texas attorney general, calif. secretary of state, nebraska, massachusetts, technology crime unit arizone and ohio. there might be some cases coming up and we would need legal support. please let us know wheter such a case would be of interest for you or if it is possible to be represented via the aclu.org network. we would be glad to hear from you. best regards luzius a. bernhard hans@ubermorgen.com +43 676 930 00 61 -- . . . . . . . . . . . : ::ubermorgen.com:: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .mob +43-676-9300061. . . .ema hans@ubermorgen.com. . . . . . .fax +43-1-9681022. . . . .icq 38302022 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .if you dont get help from us,please get help somewhere! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . http://www.vote-auction.com "bringing capitalism and demo- . crazy closer together" :: brought to you by ubermorgen.com: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . http://www.wired.com/news/politics/0,1283,38559,00.html . http://www.cnn.com/video/burden/2000/10/24/show.rm80.ram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . uberDISCLAIMER 01 :: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:: the contents of this email, and any attachments, are . . . .CONFIDENTIAL and intended only for the person[s] to whom. . . .they are addressed:: if you have received the email in. . . . .error, please notify the sender immediately and delete it . . .from your computer system:: do not copy or distribute it. . . .or disclose its contents to any person:: unless otherwise . . .stated, the views and opinions expressed in this email are. . .personal to the sender and do not represent the official. . . .view of the company :: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -- . . . . . . . . . . . : ::ubermorgen.com:: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .mob +43-676-9300061. . . .ema hans@ubermorgen.com. . . . . . .fax +43-1-9681022. . . . .icq 38302022 . . . . . . . . . . . .mob +49-175-2066954 . . . .pgp 0xBA42D1B7 . . . . . . . . . . . . . . . . . . . . . . . .www.keyserver.net. . . . . . .if you dont get help from us,please get help somewhere! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . http://www.vote-auction.com "bringing capitalism and demo- . crazy closer together" :: brought to you by ubermorgen.com: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . http://www.cnn.com/video/burden/2000/10/24/show.rm80.ram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . uberDISCLAIMER 01 :: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:: the contents of this email, and any attachments, are . . . .CONFIDENTIAL and intended only for the person[s] to whom. . . .they are addressed:: if you have received the email in. . . . .error, please notify the sender immediately and delete it . . .from your computer system:: do not copy or distribute it. . . .or disclose its contents to any person:: unless otherwise . . .stated, the views and opinions expressed in this email are. . .personal to the sender and do not represent the official. . . .view of the company :: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delivered-To: hans@ubermorgen.com X-Sender: @mail.etxtreme.ru (Unverified) Date: Thu, 2 Nov 2000 08:25:45 +0100 To: Chris Hansen From: ubermorgen Subject: under client-attorney privilege: vote-auction mr. hansen attached you will find our latest press.release for your information. i am sorry that i only contact you today. we were under heavy pressure. i would like to talk to you regarding possible representation in a chicago/cook county illinois lawsuit i am named. it would a great help if you could give me your telephone number or call me to discuss this matter. best regards luzius bernhard +43 676 930 00 61 --- -- SUBJECT: Vote-auction falls victim to ILLEGAL DNS-SHUTDOWN [PRESS RELEASE] -- FOR IMMEDIATE RELEASE -------------------------------------------------------- Vote-auction falls victim to ILLEGAL DNS-SHUTDOWN -------------------------------------------------------- Vienna/Berlin, November 2nd, 2000, 7 am CET Below you find the latest press release by [V]ote-auction: http://62.116.31.68 http://www.voteauction.at http://www.voteauction.de [formerly Vote-auction.com and Voteauction.com]. You can also find this press release at http://62.116.31.68/pr.htm For any further information feel free to contact pr@[62.116.31.68] or in urgent cases call our ubermorgen.com hotlines: berlin +49-175-2066954 vienna +43 676 9300061 ------------------------------------------------------- [V] Vote-auction falls victim to ILLEGAL DNS-SHUTDOWN [V]ote-auction, the only platform worldwide allowing end-consumers to take part in the U.S. election industry [formerly called "soft money"], falls again victim to a repressive campaign against free speech. Yesterday, 1st of November 2000, the domain Vote-auction.com got illegally shut down by InterNIC. InterNIC is the central institution located in the U.S. where all domain name service records for the .com/.net/.org are stored. We, and neither our providers have received any notification about this action at all, nor have we been informed of any legal documents which would allow for such a step. Up to this moment, InterNIC is declining comment on the issue. [V] Why was the domain shut down in this way? Our first domain, voteauction.com, was registered with a dns-registry located in the U.S. Our "late" domain, vote-auction.com, however, was registered via a company located in Germany, i.e. outside of U.S. jurisdiction. This is why, appearantly, some-one in the U.S., probably parties from the Chicago law suit where vote-auction.com is named as a defendant, decided to just forget about legal proceedings, and went directly to InterNIC, ignoring inter- national law. [V] What will happen to [V]ote-auction now? Our lawyers are currently investigating, as you might imagine. Furthermore, we have discussed the issue with newly-elect ICANN board director Andy Mueller-Maguhn, who commented the issue with "I guess, we will have to do something about this". A colleague of his called it "it is absolutely clear that this is plain outrageous". On a more practical level, we are reachable via our IP - our new url is: http://62.116.31.68 Using the IP address will finally give us full protection against any further actions against our site, as IP addresses are not dependant on domain name services. Luckily, this DNS-SHUTDOWN was not intelligentely timed. Due to our "opponents'" lazy tactics, Vote-auction.com will now definitely be online and reachable to the public on Election Day via several domains and under the IP-Address controlled by a european institution: ripe.net. On a funny note, one could say that now they either have to shut down the whole Internet or arrest the whole US- population, OR, which is more likely, our site will stay functional and online. [V] [V]ote-auction is BACK UNDER Thanks to the incredible work of our dear provider SILVER SERVER [www.sil.at], we were able to get back online fast and are now reachable at: http://62.116.31.68 This is the safest address currently available. Vote-auction can also be reached under: http://voteauction.enemy.org Vote-auction has issued a free speech support campaign in order to gather hundreds of vote-auction and voteauction domains or install sub-domains all pointing to: http://62.116.31.68 From November, 2nd, the following domains shall be active: http://www.voteauction.at [Austrian domain] http://www.voteauction.de [Germany, thx to think-factory.de] http://www.voteauction.cu [Cuban domain] http://www.voteauction.ru [Russian domain] http://www.vote-auction.net http://www.vote-auction.org [V] Vote-auction.com ADDS NEW FEATURES Now to some really good news! Vote-auction, still the "Leader of the Election Industry", and the first mover in this field, has added various new features: [] Updated figures, automated processes Our new software has allowed us to verify the numbers which have been in the system so far. We have cleared out all double and fake entries and can now provide you with live, real-time rendered data: http://62.116.31.68/check.php3 *current no. of sellers: 56.789 [] International polls In order to showcase the US-presidential election even better, Vote-auction has released several polls for national and international audiences. Vote-auction intends to involve a worldwide audience by polling their preferences on "Gore-Bush-Nader", a community poll will raise the Question whether Vote-auction.com should be considered "legal or Illegal", and the most important question of all - "Would you rather go voting if you received money for it?". Find the polls at: http://62.116.31.68/index00.htm [] 1-CLICK-BIDDING function In order to use our bidding section we have implemented a 1-click-bidding function with user-verification. This will help ensuring the authenticity of the bidders and will secure the bidders' offer. Find the bid-check section: http://62.116.31.68/check.php3 [] ALL NEW MESSAGE-BOARD, heavily crowded Created to stimulate public reaction from the U.S., but also the international audiences, you will now find our message board crowded and full with interesting and controversial discussions: http://62.116.31.68/forum/ [] Extended PRESS-ARCHIVE, over 200 internat. news-segments Due to the massive response in the media, we have updated our press-section providing you with broad information on how Vote-auction is featured and discussed in the press. Well over 200 e-press-clippings have been discovered by our PR-department: http://62.116.31.68/news.htm [V] Final note We want to end this press release with a quote from chief counsel to the California secretary of state, Bill Jones, who seems to have a somewhat "personal" view on free speech: "whether this is a parody [...] that this man is running, it makes absolutely no difference whatsoever in California. [...] because you are talking about the corruption of the voting process." Source: CNN, "Burden of Proof", Oct 24 2000 http://www.cnn.com/video/burden/2000/10/24/show.rm80.ram Appearantely, there are other individuals and/or authorities, who share his viewpoint. We have just received notice of further lawsuits filed in the states of Wisconsin and Missouri by their respective Attorney Generals. For the Vote-auction team: lizvlx [V]ote-auction PR PLEASE NOTE: If you want to access Vote-auction via web or mail, please be sure to use the correct domain: pr@[62.116.31.68] http://62.116.31.68 http://www.voteauction.at We will not be able to receive messages sent to any of the old addresses. Thank you. [][][][][][][][][][][][][][][][][][][][][][][][][][][] [] [] [] [V]ote-auction [] [] [] [] pr@[62.116.31.68] [] [] [] [] The Election Industry Leader - Bringing [] [] Capitalism & Democracy closer together [] [] [] [] _brought to you by ubermorgen.com [] [] [] [][][][][][][][][][][][][][][][][][][][][][][][][][][] Delivered-To: hans@ubermorgen.com X-Sender: @mail.etxtreme.ru (Unverified) Date: Thu, 2 Nov 2000 08:27:12 +0100 To: Chris Hansen From: ubermorgen Subject: correction: under client-attorney privilege: vote-auction mr. hansen sorry, just made a mistake, i wanted to send this to mister Harvey Grossman at the ACLU of Illinois, hgrossman@aclu-il.org you told me. please excuse and trash my recent email. best regards luzius bernhard +43 676 930 00 61 --- -- SUBJECT: Vote-auction falls victim to ILLEGAL DNS-SHUTDOWN [PRESS RELEASE] -- FOR IMMEDIATE RELEASE -------------------------------------------------------- Vote-auction falls victim to ILLEGAL DNS-SHUTDOWN -------------------------------------------------------- Vienna/Berlin, November 2nd, 2000, 7 am CET Below you find the latest press release by [V]ote-auction: http://62.116.31.68 http://www.voteauction.at http://www.voteauction.de [formerly Vote-auction.com and Voteauction.com]. You can also find this press release at http://62.116.31.68/pr.htm For any further information feel free to contact pr@[62.116.31.68] or in urgent cases call our ubermorgen.com hotlines: berlin +49-175-2066954 vienna +43 676 9300061 ------------------------------------------------------- [V] Vote-auction falls victim to ILLEGAL DNS-SHUTDOWN [V]ote-auction, the only platform worldwide allowing end-consumers to take part in the U.S. election industry [formerly called "soft money"], falls again victim to a repressive campaign against free speech. Yesterday, 1st of November 2000, the domain Vote-auction.com got illegally shut down by InterNIC. InterNIC is the central institution located in the U.S. where all domain name service records for the .com/.net/.org are stored. We, and neither our providers have received any notification about this action at all, nor have we been informed of any legal documents which would allow for such a step. Up to this moment, InterNIC is declining comment on the issue. [V] Why was the domain shut down in this way? Our first domain, voteauction.com, was registered with a dns-registry located in the U.S. Our "late" domain, vote-auction.com, however, was registered via a company located in Germany, i.e. outside of U.S. jurisdiction. This is why, appearantly, some-one in the U.S., probably parties from the Chicago law suit where vote-auction.com is named as a defendant, decided to just forget about legal proceedings, and went directly to InterNIC, ignoring inter- national law. [V] What will happen to [V]ote-auction now? Our lawyers are currently investigating, as you might imagine. Furthermore, we have discussed the issue with newly-elect ICANN board director Andy Mueller-Maguhn, who commented the issue with "I guess, we will have to do something about this". A colleague of his called it "it is absolutely clear that this is plain outrageous". On a more practical level, we are reachable via our IP - our new url is: http://62.116.31.68 Using the IP address will finally give us full protection against any further actions against our site, as IP addresses are not dependant on domain name services. Luckily, this DNS-SHUTDOWN was not intelligentely timed. Due to our "opponents'" lazy tactics, Vote-auction.com will now definitely be online and reachable to the public on Election Day via several domains and under the IP-Address controlled by a european institution: ripe.net. On a funny note, one could say that now they either have to shut down the whole Internet or arrest the whole US- population, OR, which is more likely, our site will stay functional and online. [V] [V]ote-auction is BACK UNDER Thanks to the incredible work of our dear provider SILVER SERVER [www.sil.at], we were able to get back online fast and are now reachable at: http://62.116.31.68 This is the safest address currently available. Vote-auction can also be reached under: http://voteauction.enemy.org Vote-auction has issued a free speech support campaign in order to gather hundreds of vote-auction and voteauction domains or install sub-domains all pointing to: http://62.116.31.68 From November, 2nd, the following domains shall be active: http://www.voteauction.at [Austrian domain] http://www.voteauction.de [Germany, thx to think-factory.de] http://www.voteauction.cu [Cuban domain] http://www.voteauction.ru [Russian domain] http://www.vote-auction.net http://www.vote-auction.org [V] Vote-auction.com ADDS NEW FEATURES Now to some really good news! Vote-auction, still the "Leader of the Election Industry", and the first mover in this field, has added various new features: [] Updated figures, automated processes Our new software has allowed us to verify the numbers which have been in the system so far. We have cleared out all double and fake entries and can now provide you with live, real-time rendered data: http://62.116.31.68/check.php3 *current no. of sellers: 56.789 [] International polls In order to showcase the US-presidential election even better, Vote-auction has released several polls for national and international audiences. Vote-auction intends to involve a worldwide audience by polling their preferences on "Gore-Bush-Nader", a community poll will raise the Question whether Vote-auction.com should be considered "legal or Illegal", and the most important question of all - "Would you rather go voting if you received money for it?". Find the polls at: http://62.116.31.68/index00.htm [] 1-CLICK-BIDDING function In order to use our bidding section we have implemented a 1-click-bidding function with user-verification. This will help ensuring the authenticity of the bidders and will secure the bidders' offer. Find the bid-check section: http://62.116.31.68/check.php3 [] ALL NEW MESSAGE-BOARD, heavily crowded Created to stimulate public reaction from the U.S., but also the international audiences, you will now find our message board crowded and full with interesting and controversial discussions: http://62.116.31.68/forum/ [] Extended PRESS-ARCHIVE, over 200 internat. news-segments Due to the massive response in the media, we have updated our press-section providing you with broad information on how Vote-auction is featured and discussed in the press. Well over 200 e-press-clippings have been discovered by our PR-department: http://62.116.31.68/news.htm [V] Final note We want to end this press release with a quote from chief counsel to the California secretary of state, Bill Jones, who seems to have a somewhat "personal" view on free speech: "whether this is a parody [...] that this man is running, it makes absolutely no difference whatsoever in California. [...] because you are talking about the corruption of the voting process." Source: CNN, "Burden of Proof", Oct 24 2000 http://www.cnn.com/video/burden/2000/10/24/show.rm80.ram Appearantely, there are other individuals and/or authorities, who share his viewpoint. We have just received notice of further lawsuits filed in the states of Wisconsin and Missouri by their respective Attorney Generals. For the Vote-auction team: lizvlx [V]ote-auction PR PLEASE NOTE: If you want to access Vote-auction via web or mail, please be sure to use the correct domain: pr@[62.116.31.68] http://62.116.31.68 http://www.voteauction.at We will not be able to receive messages sent to any of the old addresses. Thank you. [][][][][][][][][][][][][][][][][][][][][][][][][][][] [] [] [] [V]ote-auction [] [] [] [] pr@[62.116.31.68] [] [] [] [] The Election Industry Leader - Bringing [] [] Capitalism & Democracy closer together [] [] [] [] _brought to you by ubermorgen.com [] [] [] [][][][][][][][][][][][][][][][][][][][][][][][][][][] Delivered-To: hans@ubermorgen.com X-Sender: @mail.etxtreme.ru (Unverified) Date: Thu, 2 Nov 2000 08:28:56 +0100 To: hgrossman@aclu-il.org From: ubermorgen Subject: under client-attorney privilege: vote-auction mr. grossman mr. hanson has given me your email address in order to contact you regarding vote-auction.com attached you will find our latest press.release for your information. i am sorry that i only contact you today. we were under heavy pressure and just not capable of communicating on this level. i would like to talk to you regarding possible representation in a chicago/cook county illinois lawsuit i am named in. it would a great help if you could give me your telephone number or call me to discuss this matter. best regards luzius bernhard +43 676 930 00 61 --- -- SUBJECT: Vote-auction falls victim to ILLEGAL DNS-SHUTDOWN [PRESS RELEASE] -- FOR IMMEDIATE RELEASE -------------------------------------------------------- Vote-auction falls victim to ILLEGAL DNS-SHUTDOWN -------------------------------------------------------- Vienna/Berlin, November 2nd, 2000, 7 am CET Below you find the latest press release by [V]ote-auction: http://62.116.31.68 http://www.voteauction.at http://www.voteauction.de [formerly Vote-auction.com and Voteauction.com]. You can also find this press release at http://62.116.31.68/pr.htm For any further information feel free to contact pr@[62.116.31.68] or in urgent cases call our ubermorgen.com hotlines: berlin +49-175-2066954 vienna +43 676 9300061 ------------------------------------------------------- [V] Vote-auction falls victim to ILLEGAL DNS-SHUTDOWN [V]ote-auction, the only platform worldwide allowing end-consumers to take part in the U.S. election industry [formerly called "soft money"], falls again victim to a repressive campaign against free speech. Yesterday, 1st of November 2000, the domain Vote-auction.com got illegally shut down by InterNIC. InterNIC is the central institution located in the U.S. where all domain name service records for the .com/.net/.org are stored. We, and neither our providers have received any notification about this action at all, nor have we been informed of any legal documents which would allow for such a step. Up to this moment, InterNIC is declining comment on the issue. [V] Why was the domain shut down in this way? Our first domain, voteauction.com, was registered with a dns-registry located in the U.S. Our "late" domain, vote-auction.com, however, was registered via a company located in Germany, i.e. outside of U.S. jurisdiction. This is why, appearantly, some-one in the U.S., probably parties from the Chicago law suit where vote-auction.com is named as a defendant, decided to just forget about legal proceedings, and went directly to InterNIC, ignoring inter- national law. [V] What will happen to [V]ote-auction now? Our lawyers are currently investigating, as you might imagine. Furthermore, we have discussed the issue with newly-elect ICANN board director Andy Mueller-Maguhn, who commented the issue with "I guess, we will have to do something about this". A colleague of his called it "it is absolutely clear that this is plain outrageous". On a more practical level, we are reachable via our IP - our new url is: http://62.116.31.68 Using the IP address will finally give us full protection against any further actions against our site, as IP addresses are not dependant on domain name services. Luckily, this DNS-SHUTDOWN was not intelligentely timed. Due to our "opponents'" lazy tactics, Vote-auction.com will now definitely be online and reachable to the public on Election Day via several domains and under the IP-Address controlled by a european institution: ripe.net. On a funny note, one could say that now they either have to shut down the whole Internet or arrest the whole US- population, OR, which is more likely, our site will stay functional and online. [V] [V]ote-auction is BACK UNDER Thanks to the incredible work of our dear provider SILVER SERVER [www.sil.at], we were able to get back online fast and are now reachable at: http://62.116.31.68 This is the safest address currently available. Vote-auction can also be reached under: http://voteauction.enemy.org Vote-auction has issued a free speech support campaign in order to gather hundreds of vote-auction and voteauction domains or install sub-domains all pointing to: http://62.116.31.68 From November, 2nd, the following domains shall be active: http://www.voteauction.at [Austrian domain] http://www.voteauction.de [Germany, thx to think-factory.de] http://www.voteauction.cu [Cuban domain] http://www.voteauction.ru [Russian domain] http://www.vote-auction.net http://www.vote-auction.org [V] Vote-auction.com ADDS NEW FEATURES Now to some really good news! Vote-auction, still the "Leader of the Election Industry", and the first mover in this field, has added various new features: [] Updated figures, automated processes Our new software has allowed us to verify the numbers which have been in the system so far. We have cleared out all double and fake entries and can now provide you with live, real-time rendered data: http://62.116.31.68/check.php3 *current no. of sellers: 56.789 [] International polls In order to showcase the US-presidential election even better, Vote-auction has released several polls for national and international audiences. Vote-auction intends to involve a worldwide audience by polling their preferences on "Gore-Bush-Nader", a community poll will raise the Question whether Vote-auction.com should be considered "legal or Illegal", and the most important question of all - "Would you rather go voting if you received money for it?". Find the polls at: http://62.116.31.68/index00.htm [] 1-CLICK-BIDDING function In order to use our bidding section we have implemented a 1-click-bidding function with user-verification. This will help ensuring the authenticity of the bidders and will secure the bidders' offer. Find the bid-check section: http://62.116.31.68/check.php3 [] ALL NEW MESSAGE-BOARD, heavily crowded Created to stimulate public reaction from the U.S., but also the international audiences, you will now find our message board crowded and full with interesting and controversial discussions: http://62.116.31.68/forum/ [] Extended PRESS-ARCHIVE, over 200 internat. news-segments Due to the massive response in the media, we have updated our press-section providing you with broad information on how Vote-auction is featured and discussed in the press. Well over 200 e-press-clippings have been discovered by our PR-department: http://62.116.31.68/news.htm [V] Final note We want to end this press release with a quote from chief counsel to the California secretary of state, Bill Jones, who seems to have a somewhat "personal" view on free speech: "whether this is a parody [...] that this man is running, it makes absolutely no difference whatsoever in California. [...] because you are talking about the corruption of the voting process." Source: CNN, "Burden of Proof", Oct 24 2000 http://www.cnn.com/video/burden/2000/10/24/show.rm80.ram Appearantely, there are other individuals and/or authorities, who share his viewpoint. We have just received notice of further lawsuits filed in the states of Wisconsin and Missouri by their respective Attorney Generals. For the Vote-auction team: lizvlx [V]ote-auction PR PLEASE NOTE: If you want to access Vote-auction via web or mail, please be sure to use the correct domain: pr@[62.116.31.68] http://62.116.31.68 http://www.voteauction.at We will not be able to receive messages sent to any of the old addresses. Thank you. [][][][][][][][][][][][][][][][][][][][][][][][][][][] [] [] [] [V]ote-auction [] [] [] [] pr@[62.116.31.68] [] [] [] [] The Election Industry Leader - Bringing [] [] Capitalism & Democracy closer together [] [] [] [] _brought to you by ubermorgen.com [] [] [] [][][][][][][][][][][][][][][][][][][][][][][][][][][] Delivered-To: hans@ubermorgen.com Date: Thu, 02 Nov 2000 12:58:14 +0100 From: "CORE Secretariat (W)" X-Accept-Language: en,ja To: hans@ubermorgen.com, admin@joker.com CC: secretariat@corenic.org Subject: Domain vote-auction.com on registrar hold Mr. Luzius A. Bernhard hans@ubermorgen.com Kurrentgasse 10-22 Vienna, Austria 1010 AT Dear Mr. Bernhard, CORE has been informed that the domain vote-auction.com is being used in conjunction with illegal activity. After consultation with its lawyers, CORE has determined that the urgency and gravity of this case is such that CORE needs to exercise its right to suspend the domain name vote-auction.com based on Article 4 of the CORE registration agreement. This transaction has been executed. The name continues to be reserved in your name, but it is no longer active. Please note that this decision has been taken and executed by CORE Internet Council of Registrars under its authority as ICANN-accredited registrar in charge of the domain. All communications in this respect should be directed to CORE. Yours truly, Werner Staub -- CORE Internet Council of Registrars http://corenic.org WTC II, 29 route de Pre-Bois, CH-1227 Geneva, Switzerland Tel +4122 929-5744 Fax +4122 929-5745 secretariat@corenic.orgDelivered-To: hans@ubermorgen.com Date: Fri, 3 Nov 2000 01:02:37 +0100 (MET) From: SILVER SERVER o2 X-Sender: oskar@ikarus To: FREMUTH Alice cc: WINDIScCH Bettina , hans_extrem , lizvlx , "Chris J. Mutter" Subject: SILVER SERVER // Vote-auction falls victim to ILLEGAL DNS-SHUTDOWN [PRESS RELEASE] hallo frau windisch, hallo frau fremuth! 2 SILVER SERVER BenutzerInnen Luzius Bernhard, und Liz Haas werden aktuell vom State of Chicago, wegen einer Website, die sie derzeit nur unter der IP Adresse http://62.116.31.68 browsen koennen, geklagt. Mitangeklagt sind Chris Mutter (DNS Adminstrator SILVER SERVER) und ich (Billing Contact fuer die Domain), sowie James Baumgartner (ehemaliger Domain Holder). Die Website, wurde jetzt zum 2 mal innerhalb einer Woche von InterNIC, illegalerweise abgedreht. Wir haben die Domain aktuell in DE, AT, Russia und Kuba neu angemeldet. D.h VOTE-AUCTION ist morgen wieder reachabel. Die Betreiber der Site und SILVER SERVER sind uns sicher nichts illegales getan zu haben. Meine Frage an WTP, haben sie Interresse uns in dieser Angelegeheit zu vertreten? wir koennen ihnen in diesem case kein honorar zahlen, was wie ihnen aber bieten koennen beste praesenz in den Medien, CNN, VOX, N-TV, um nur einige zu nennen. Aktuell ist auch schon ICANN mit dem Fall vertraut. mit der bitte um ein kurzfirstiges statement. cu o. FOR IMMEDIATE RELEASE -------------------------------------------------------- Vote-auction falls victim to ILLEGAL DNS-SHUTDOWN -------------------------------------------------------- Vienna/Berlin, November 2nd, 2000, 7 am CET Below you find the latest press release by [V]ote-auction: http://62.116.31.68 http://www.voteauction.at http://www.voteauction.de [formerly Vote-auction.com and Voteauction.com]. You can also find this press release at http://62.116.31.68/pr.htm For any further information feel free to contact pr@[62.116.31.68] or in urgent cases call our ubermorgen.com hotlines: berlin +49-175-2066954 vienna +43 676 9300061 ------------------------------------------------------- [V] Vote-auction falls victim to ILLEGAL DNS-SHUTDOWN [V]ote-auction, the only platform worldwide allowing end-consumers to take part in the U.S. election industry [formerly called "soft money"], falls again victim to a repressive campaign against free speech. Yesterday, 1st of November 2000, the domain Vote-auction.com got illegally shut down by InterNIC. InterNIC is the central institution located in the U.S. where all domain name service records for the .com/.net/.org are stored. We, and neither our providers have received any notification about this action at all, nor have we been informed of any legal documents which would allow for such a step. Up to this moment, InterNIC is declining comment on the issue. [V] Why was the domain shut down in this way? Our first domain, voteauction.com, was registered with a dns-registry located in the U.S. Our "late" domain, vote-auction.com, however, was registered via a company located in Germany, i.e. outside of U.S. jurisdiction. This is why, appearantly, some-one in the U.S., probably parties from the Chicago law suit where vote-auction.com is named as a defendant, decided to just forget about legal proceedings, and went directly to InterNIC, ignoring inter- national law. [V] What will happen to [V]ote-auction now? Our lawyers are currently investigating, as you might imagine. Furthermore, we have discussed the issue with newly-elect ICANN board director Andy Mueller-Maguhn, who commented the issue with "I guess, we will have to do something about this". A colleague of his called it "it is absolutely clear that this is plain outrageous". On a more practical level, we are reachable via our IP - our new url is: http://62.116.31.68 Using the IP address will finally give us full protection against any further actions against our site, as IP addresses are not dependant on domain name services. Luckily, this DNS-SHUTDOWN was not intelligentely timed. Due to our "opponents'" lazy tactics, Vote-auction.com will now definitely be online and reachable to the public on Election Day via several domains and under the IP-Address controlled by a european institution: ripe.net. On a funny note, one could say that now they either have to shut down the whole Internet or arrest the whole US- population, OR, which is more likely, our site will stay functional and online. [V] [V]ote-auction is BACK UNDER Thanks to the incredible work of our dear provider SILVER SERVER [www.sil.at], we were able to get back online fast and are now reachable at: http://62.116.31.68 This is the safest address currently available. Vote-auction can also be reached under: http://voteauction.enemy.org Vote-auction has issued a free speech support campaign in order to gather hundreds of vote-auction and voteauction domains or install sub-domains all pointing to: http://62.116.31.68 From November, 2nd, the following domains shall be active: http://www.voteauction.at [Austrian domain] http://www.voteauction.de [Germany, thx to think-factory.de] http://www.voteauction.cu [Cuban domain] http://www.voteauction.ru [Russian domain] http://www.vote-auction.net http://www.vote-auction.org [V] Vote-auction.com ADDS NEW FEATURES Now to some really good news! Vote-auction, still the "Leader of the Election Industry", and the first mover in this field, has added various new features: [] Updated figures, automated processes Our new software has allowed us to verify the numbers which have been in the system so far. We have cleared out all double and fake entries and can now provide you with live, real-time rendered data: http://62.116.31.68/check.php3 *current no. of sellers: 56.789 [] International polls In order to showcase the US-presidential election even better, Vote-auction has released several polls for national and international audiences. Vote-auction intends to involve a worldwide audience by polling their preferences on "Gore-Bush-Nader", a community poll will raise the Question whether Vote-auction.com should be considered "legal or Illegal", and the most important question of all - "Would you rather go voting if you received money for it?". Find the polls at: http://62.116.31.68/index00.htm [] 1-CLICK-BIDDING function In order to use our bidding section we have implemented a 1-click-bidding function with user-verification. This will help ensuring the authenticity of the bidders and will secure the bidders' offer. Find the bid-check section: http://62.116.31.68/check.php3 [] ALL NEW MESSAGE-BOARD, heavily crowded Created to stimulate public reaction from the U.S., but also the international audiences, you will now find our message board crowded and full with interesting and controversial discussions: http://62.116.31.68/forum/ [] Extended PRESS-ARCHIVE, over 200 internat. news-segments Due to the massive response in the media, we have updated our press-section providing you with broad information on how Vote-auction is featured and discussed in the press. Well over 200 e-press-clippings have been discovered by our PR-department: http://62.116.31.68/news.htm [V] Final note We want to end this press release with a quote from chief counsel to the California secretary of state, Bill Jones, who seems to have a somewhat "personal" view on free speech: "whether this is a parody [...] that this man is running, it makes absolutely no difference whatsoever in California. [...] because you are talking about the corruption of the voting process." Source: CNN, "Burden of Proof", Oct 24 2000 http://www.cnn.com/video/burden/2000/10/24/show.rm80.ram Appearantely, there are other individuals and/or authorities, who share his viewpoint. We have just received notice of further lawsuits filed in the states of Wisconsin and Missouri by their respective Attorney Generals. For the Vote-auction team: lizvlx [V]ote-auction PR PLEASE NOTE: If you want to access Vote-auction via web or mail, please be sure to use the correct domain: pr@[62.116.31.68] http://62.116.31.68 http://www.voteauction.at We will not be able to receive messages sent to any of the old addresses. Thank you. [][][][][][][][][][][][][][][][][][][][][][][][][][][] [] [] [] [V]ote-auction [] [] [] [] pr@[62.116.31.68] [] [] [] [] The Election Industry Leader - Bringing [] [] Capitalism & Democracy closer together [] [] [] [] _brought to you by ubermorgen.com [] [] [] [][][][][][][][][][][][][][][][][][][][][][][][][][][]Delivered-To: mailhans@ubermorgen.com Delivered-To: hans@ubermorgen.com Date: Mon, 6 Nov 2000 03:12:54 -0500 (EST) From: RTMark admin To: robbin stewart cc: pr@[62.116.31.68] Subject: Re: re chicago legal stuff, from an election law attorney hi robbin! great to hear from you. what a great idea--i don't think it had occurred to any of us to actually fight the illinois board of elections, but that would certainly be a nice thing to do i think, entertaining and useful. what do you think, pr@[62.116.31.68]? ray http://rtmark.com/ Turning information resources into emotional capital. On Mon, 6 Nov 2000, robbin stewart wrote: >hi guys. we've talked before, about zack exley's site. just read about voteauction com's situation. >I am not licensed in illinois, but i am an expert on the free and equal clause of the illinois constitution, as well as how to file counterclaims against election boards for violations of free speech under 42 usc 1983. i'm pretty busy losing an election for judge in indy, but i'm available if you guys are lookin for help. >- robbin >_________________________________________________________________________ Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com. > >Share information about yourself, create your own public profile at http://profiles.msn.com. Delivered-To: mailhans@ubermorgen.com Delivered-To: hans@ubermorgen.com To: hans@ubermorgen.com Subject: Re: frage zu >>vote-auction.com<< (fwd) Date: Mon, 06 Nov 2000 11:18:02 +0100 From: "Chris J. Mutter" Hallo Leute, Das ist die reply die ich bekommen hab als ich letzte woche CSL (joker) angemailt hatte. liz hatte eh schon ne kopie bekommen. lg, cjm ------- Forwarded Message Return-Path: svl@csl4.csl-gmbh.net Received: from mail.nrw.net (mail.nrw.net [194.245.99.4]) by terminal.sil.at (8.9.2/8.9.2) with SMTP id MAA16803 for ; Sat, 4 Nov 2000 12:35:55 +0100 (CET) Message-Id: <200011041135.MAA16803@terminal.sil.at> Received: (qmail 17120 invoked from network); 4 Nov 2000 11:38:09 -0000 Received: from csl12.csl-gmbh.net ([194.245.99.12], HELO csl12) by nrw.net with SMTP for (origin: ); 04 Nov 2000 11:38:09 +0000 From: "JOKER-TEAM" Organization: CSL GmbH To: "Chris J. Mutter" , liz@ubermorgen.com Date: Sat, 4 Nov 2000 12:36:36 +0100 MIME-Version: 1.0 Content-type: text/enriched; charset=US-ASCII Content-transfer-encoding: 7BIT Subject: Re: frage zu >>vote-auction.com<< Reply-to: billing@joker.com CC: secretariat@corenic.org X-Confirm-Reading-To: billing@joker.com X-pmrqc: 1 Priority: normal In-reply-to: <200011021445.PAA22362@terminal.sil.at> X-mailer: Pegasus Mail for Win32 (v3.12a) Sehr geehrter Herr Mutter, bezueglich Ihrer Anfrage kann ich Ihnen folgendes mitteilen: 1.) CSL bzw Joker.com registriert com - net - org domains ueber CORE (www.corenic.org). 2.) CORE ist am 26. Oktober 2000, per email von einem Rechtsanwaltbuero in den USA ( James M. Scanlon & Associates, P.C. ) email:jscanlon@ameritech.net aufgefordert worden die domain "vote-auction.com" zu sperren, unter berufung auf eine "preliminary injunction order" des "Circuit Court of Cook County" in Chicago, Illinois USA vom 18. Oktober 2000 bezueglich "voteauction.com" was nach meinem Verstaendniss einer einstweiligen Verfuegung entspricht. 3.) CORE (nicht CSL) hat sich, nach Ruecksprache mit einem schweizer Rechtsanwalt entschlossen den Status der Domain am Abend des 31. Oktober 2000 auf "REGISTRAR-HOLD" zu setzen. Dies hat zur folge dass die Nameserver der Domain nicht mehr in der "root" erscheinen, damit ist rein technisch die Nichterreichbarkeit von allen sub-domains, also auch www.vote-auction.com, erklaert. 4.) Inzwischen ist CSL vom State of Wisconsin angeklagt. Wir werden entsprechend reagieren. 5.) Ich erlaube mir hier festzuhalten, dass diese Aktionen gegen den Willen und Rat von CSL GmbH, in alleiniger Verantwortung von CORE durchgefuehrt worden sind. -- SILVER SERVER \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\ \\ \ cjm@sil.at, cjm@enemy.org, neo@bsdger.org www.sil.at | www.enemy.org ** PGP-Key-ID: 0xA941452D | "Why are we hiding from the police, dad?" - --------------------------| "Because we use vi, son. They use Emacs".Delivered-To: mailhans@ubermorgen.com Delivered-To: hans@ubermorgen.com X-Sender: voteauction@mail.ubermorgen.com (Unverified) Date: Mon, 6 Nov 2000 16:27:26 +0100 To: RTMark admin , gt_bear@hotmail.com From: "PR [V]ote-auction.com" Subject: Re: re chicago legal stuff, from an election law attorney Cc: hans@ubermorgen.com SUPERGREAT!! WE GOTTA FIGHT EM, BECAUSE I KNOW 100%, I FEEL IT IN MY GUTS THAT THEY ALWAYS KNEW THAT WE WERE ABOUT MESSAGE NOT MONEY. please help, we need people supportng us! best lizvlx 0049-175-2066954 hi robbin! great to hear from you. what a great idea--i don't think it had occurred to any of us to actually fight the illinois board of elections, but that would certainly be a nice thing to do i think, entertaining and useful. what do you think, pr@[62.116.31.68]? ray http://rtmark.com/ Turning information resources into emotional capital. On Mon, 6 Nov 2000, robbin stewart wrote: hi guys. we've talked before, about zack exley's site. just read about voteauction com's situation. I am not licensed in illinois, but i am an expert on the free and equal clause of the illinois constitution, as well as how to file counterclaims against election boards for violations of free speech under 42 usc 1983. i'm pretty busy losing an election for judge in indy, but i'm available if you guys are lookin for help. - robbin _________________________________________________________________________ Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com. Share information about yourself, create your own public profile at http://profiles.msn.com. -- . . [V]ote-auction.com . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . http://www.vote-auction.com . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ema pr@vote-auction.com . . . . . . . . . . . . . . . . . . . fax|at +43-1-9681022. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . bringing democracy and capitalism closer together! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delivered-To: mailhans@ubermorgen.com Delivered-To: hans@ubermorgen.com Date: Tue, 7 Nov 2000 10:32:24 -0500 (EST) From: RTMark admin To: net_CALLBOY cc: liz@ubermorgen.com, frank@rtmark.com Subject: Re: culture jam WOW!!! fantastic, really excellent, hooray hooray hooray! ok, so ACLU, i actually don't remember any ACLU contacts.... frank, do you? we do have a bunch of lawyers if you want, these helped a bit with the etoywar, or wanted to--maybe they'll know of an ACLU contact.... can i forward them this message you just sent, and tell them to get in touch with you if they can help? r http://rtmark.com/ Turning information resources into emotional capital. On Tue, 7 Nov 2000, net_CALLBOY wrote: >>hehhehehe... >>so are you actually being threatened now over voteauction? is there something new happening? > >yes, the borderline is very thin.. you know it, you are specialized in it.. me too.. hehehe.. > >so, yes, the problem is, that my lawyers have researched the terms of delivery [dunno how its called, its when you get arrested in a country and they send you to another country where you did illegal stuff, in order to prosecute you]. > >the situation is very critical, i had to stop before doing the ultimate provocation, in order to NOT get the heavy hardcore killerprosecutions... there are either way too stupid or way to pervert in order to accept and understand.. so.. > >i know understand a lot more about such DIGITAL LEGAL ART, there is thin line you are walking and you have to sometimes step back, although i HATE IT!!! but, reality is more convincing... > >will launch ipnic.org and we will sue CSL duesseldorf, then they will take regress to corenic.org, the real enemy.. we will try to transfer the thing into political context in order to use the media-power and brand and transfer this. you supported this direction already very good with your press.release and we should work togehter in order to launch this activist community to do real political work. > >will have to contact ACLU.org now. do you have soken with them.. they announced that they will work the case, but never came back in the last 3 days.. > >greetz >hans > > > > >>onwards! >>r >> >>http://rtmark.com/ >>Turning information resources into emotional capital. >> >>On Tue, 7 Nov 2000, net_CALLBOY wrote: >> >>>>unbelievably cool. this could be worse than voteauction!! >>> >>>for sure! >>> >>>probably have to operate it from some banana-republic, and you need a special army in order to protect y-self from american troops.. hehehe.. and some autonomous internet run by yourself.. :) >>> >>>those bastards are so fucking agressive, glad you never crossed the line too far and got sued to death.. >>> >>>but.. on the other side, sort of enjoying it.. >>> >>>kevin should do it and then sell it to some real thailand slave/women trading company,, >>> >>>greetZ >>>hans >>> >>> >>>>http://rtmark.com/ >>>>Turning information resources into emotional capital. >>>> >>>>On Mon, 6 Nov 2000, Kevin LaPalme wrote: >>>> >>>>>What I was thinking was that since BizWeb, when thoroughly explored is obviously a parody, FPS could be spun off into its own domain, and the blatantly parodic elements could be removed, and a dynamically scripted marketplace section added to it. Like it would be nice if families could upload photos of themselves. >>>>> >>>>>The company's mission could be spun as a solution to the gaps opened up by welfare reform: parents required to work for welfare benefits don't have time to look after their children, the daycare system is already overburdened and prone to abuse; some welfare recipients, instead of moving on to workfare, have simply dropped off the rolls and have become homeless; by selling ("sectorizing"?) a child to the highest bidder both the family and the child get a chance at a fresh start; the market will show how truly valuable children are; it brings people from diverse backgrounds together and helps obliterate class lines; it's time to take stock of our youth... >>>>> >>>>> >>>>> >>>>>On 6 Nov 2000, at 10:54, frank guerrero wrote: >>>>> >>>>>>fantastic- absolutely fantastic- i'm going to bizweb with my >>>next child! >>>>>> >>>>>>At 11:31 PM -0500 11/5/00, RTMark admin wrote: >>>>>>>oh my god, that's so dirty! fabulous. seems like it could >>>be up hans's >>>>>>>alley... he just has to maintain that voteauction is NOT a >>>satire despite >>>>>>>rtmark's declarations.... >>>>>>> >>>>>>>a bit exhuausted right now but this is very exciting... >>>>>>> >>>>>>>ray >>>>>>> >>>>>>>http://rtmark.com/ >>>>>>>Turning information resources into emotional capital. >>>>>>> >>>>>>>On Sun, 5 Nov 2000, Kevin LaPalme wrote: >>>>>>> >>>>>>>>Hi -- >>>>>>>> >>>>>>>> >>>>>>>>I see that Hans looked at the site and also someone from RPI (would that be James of VoteAuction?). Reading the transcript of CNN report on the [V]ote Auction site gave me an idea. The part where they compare selling votes to selling babies and slaves. Part of the ePlanetBizWeb site is a welfare reform company called Family Privatization Services. This company could be reworked into an online brokering site for welfare families wishing to place (sell) their children into private homes, something like: >>>>>>>> >>>>>>>> >>>>>>>>"FPS provides brokering services for welfare recipients who seek to place some or all of their children into the private >>>sector. The FPS >>>>>>>>Family Exchange is an internet-based Family-to-Family (F2F) marketplace where buyers (private families) and Sellers (welfare families) meet to bid on the placement of children into private homes." >>>>>>>> >>>>>>>> >>>>>>>>I bet you're all very busy now with election coming, so maybe afterward, if you'd be interested in developing this >>>concept, let me >>>>>>>>know. >>>>> >>>>> >>>>>__________________________________________________ Do You Yahoo!? >>>>>Talk to your friends online with Yahoo! Messenger. http://im.yahoo.com >>>>> >>> >>>-- >>> >>>. . . . . . . . . . . : ::ubermorgen.com:: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .mob +43-676-9300061. . . .ema hans@ubermorgen.com. . . . . . .fax +43-1-9681022. . . . .icq 38302022 . . . . . . . . . . . .mob +49-175-2066954 . . . .pgp 0xBA42D1B7 . . . . . . . . . . . . . . . . . . . . . . . .www.keyserver.net. . . . . >>> >>>. .if you dont get help from us,please get help somewhere! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . >>> >>>. [V]ote-auction: http://62.116.31.68 "bringing capitalism >>>and demoCRAZY closer together":brought to you by ubermorgen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . http://www.cnn.com/video/burden/2000/10/24/show.rm80.ram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . >>> >>>. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . >>>uberDISCLAIMER 01 :: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .the contents of this email, and any attachments, are . . . .CONFIDENTIAL and intended only for the person[s] to whom. . . .they are addressed:: if you have received the email in. . . . .error, please notify the sender immediately and delete it . . .from your computer system:: do not copy or distribute it. . . .or disclose its contents to any person:: unless otherwise . . .stated, the views and opinions expressed in this email are. . .personal to the sender and do not represent the official. . . .view of the company :: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . >>> > >-- > >. . . . . . . . . . . : ::ubermorgen.com:: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .mob +43-676-9300061. . . .ema hans@ubermorgen.com. . . . . . .fax +43-1-9681022. . . . .icq 38302022 . . . . . . . . . . . .mob +49-175-2066954 . . . .pgp 0xBA42D1B7 . . . . . . . . . . . . . . . . . . . . . . . .www.keyserver.net. . . . . > >. .if you dont get help from us,please get help somewhere! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . > >. [V]ote-auction: http://62.116.31.68 "bringing capitalism >and demoCRAZY closer together":brought to you by ubermorgen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . http://www.cnn.com/video/burden/2000/10/24/show.rm80.ram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . > >. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . >uberDISCLAIMER 01 :: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .the contents of this email, and any attachments, are . . . .CONFIDENTIAL and intended only for the person[s] to whom. . . .they are addressed:: if you have received the email in. . . . .error, please notify the sender immediately and delete it . . .from your computer system:: do not copy or distribute it. . . .or disclose its contents to any person:: unless otherwise . . .stated, the views and opinions expressed in this email are. . .personal to the sender and do not represent the official. . . .view of the company :: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delivered-To: mailhans@ubermorgen.com Delivered-To: hans@ubermorgen.com Date: Tue, 7 Nov 2000 11:22:17 -0500 (EST) From: RTMark admin To: lawyers: ; cc: pr@[62.116.31.68] Subject: ACLU and legal help? Hi! You've all volunteered legal help at one point or another--now we need some again! Please mailto:pr@[62.116.31.68] if you have any contacts at the ACLU, for help with this effort against corenic and internic (http://rtmark.com/voteauctionpr.html). Thanks! ray http://rtmark.com/ Turning information resources into emotional capital. ---------- Forwarded message ---------- Date: Tue, 7 Nov 2000 16:34:04 +0100 From: net_CALLBOY To: RTMark admin Cc: liz@ubermorgen.com Subject: Re: culture jam >hehhehehe... >so are you actually being threatened now over voteauction? is there something new happening? yes, the borderline is very thin.. you know it, you are specialized in it.. me too.. hehehe.. so, yes, the problem is, that my lawyers have researched the terms of delivery [dunno how its called, its when you get arrested in a country and they send you to another country where you did illegal stuff, in order to prosecute you]. the situation is very critical, i had to stop before doing the ultimate provocation, in order to NOT get the heavy hardcore killerprosecutions... there are either way too stupid or way to pervert in order to accept and understand.. so.. i know understand a lot more about such DIGITAL LEGAL ART, there is thin line you are walking and you have to sometimes step back, although i HATE IT!!! but, reality is more convincing... will launch ipnic.org and we will sue CSL duesseldorf, then they will take regress to corenic.org, the real enemy.. we will try to transfer the thing into political context in order to use the media-power and brand and transfer this. you supported this direction already very good with your press.release and we should work togehter in order to launch this activist community to do real political work. will have to contact ACLU.org now. do you have soken with them.. they announced that they will work the case, but never came back in the last 3 days.. greetz hansDelivered-To: mailhans@ubermorgen.com Delivered-To: hans@ubermorgen.com X-Sender: mailhans@mail.ubermorgen.com (Unverified) Date: Sat, 11 Nov 2000 20:35:57 +0100 To: CHansen@aclu.org From: net_CALLBOY Subject: under attorney-client privilege dear mr. hansen we did have some short contact 2 weeks ago regarding the hoax issue/platform: vote-auction.com. on your request i have sent an email to mr. Harvey Grossman at the ACLU of Illinois, but never received an answer in this regard. maybe the email has not been delivered, i do not know. i will try to contact him again after i spoke with you regarding this matter. i would like to talk to you in order to discuss possible involvement of the ACLU in terms of defending myself, my partner working on the project, and our technical partners oskar obereder and chris mutter in various law suits filed in wisconsin, chicago, missouri, massachusetts and possibly other U.S states. it would be very nice if you could send me your phone-number and the times i could reach you most convenient. if you prefer to call me please use the follwoing phone numbers: +11 43 676 930 00 61 +11 49 175 20 66 954 we do not have any legal represenation in the U.S., which makes me a bit worried about the now upcoming court cases. we dont have the dollars and the contacts to easily organize legal representations in several U.S. states. as i understand, mr. james baumgartner is being represented by the chicago chapter of the ACLU for the lawsuit filed in chicago against mr.baumgartner, myself, mr. obereder and mr. mutter. also i have sent an email to mr. barry steinhardt in order to discuss a possible involvement of the ACLU on the general level, but i did not receive any email back in the last 10 days. i would be very glad to talk to you as soon as possible. best regards luzius bernhard -- . . . . . . . . . . . : ::ubermorgen.com:: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .mob +43-676-9300061. . . .ema hans@ubermorgen.com. . . . . . .fax +43-1-9681022. . . . .icq 38302022 . . . . . . . . . . . .mob +49-175-2066954 . . . .pgp 0xBA42D1B7 . . . . . . . . . . . . . . . . . . . . . . . .www.keyserver.net. . . . . . .if you dont get help from us,please get help somewhere! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [V]ote-auction: http://62.116.31.68 "bringing capitalism and demoCRAZY closer together":brought to you by ubermorgen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . http://www.cnn.com/video/burden/2000/10/24/show.rm80.ram . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . uberDISCLAIMER 01 :: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .the contents of this email, and any attachments, are . . . .CONFIDENTIAL and intended only for the person[s] to whom. . . .they are addressed:: if you have received the email in. . . . .error, please notify the sender immediately and delete it . . .from your computer system:: do not copy or distribute it. . . .or disclose its contents to any person:: unless otherwise . . .stated, the views and opinions expressed in this email are. . .personal to the sender and do not represent the official. . . .view of the company :: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delivered-To: hans@ubermorgen.com From: "Wood, Bill" To: "'hans@ubermorgen.com'" Subject: VOTEAUCTION .COM CRIMINAL ACTIVITY Date: Fri, 6 Oct 2000 09:37:51 -0700 <> Mr. Bernhard: Please call me at 1(916)653-7635 if you have any questions. Sincerely, William P. Wood Chief Counsel California Secretary of State Bill Jones Attachment converted: hans:VOTEAUCTION REVISED #4 10-6-00. (WDBN/MSWD) (0000F05A)Delivered-To: Hans@ubermorgen.com From: "Chicago Board of Elections" To: , Subject: Motion for injunction Date: Mon, 16 Oct 2000 16:30:07 -0500 X-Priority: 3 X-Loop-Detect: 1 Attachment converted: berlin:Voteauct.tif (TIFF/JFAX) (000155F5)Delivered-To: Hans@ubermorgen.com From: "Chicago Board of Elections" To: , Subject: Injunction Order Date: Thu, 19 Oct 2000 14:11:58 -0500 X-Priority: 3 X-Loop-Detect: 1 Attachment converted: berlin:Voteauct2.TIF (TIFF/JFAX) (00015CC6)Delivered-To: Hans@ubermorgen.com Date: Fri, 20 Oct 2000 14:39:43 -0600 From: "Grant Sparks" To: Cc: Subject: Notice from Texas Attorney General's Office Please see the attached file. Hard copy to follow via Federal Express. Office of the Texas Attorney General Attachment converted: berlin:Cease and Desist letter.doc (WDBN/MSWD) (00015CC9)Delivered-To: hans@ubermorgen.com Date: Mon, 30 Oct 2000 17:06:52 -0600 From: "James M. Scanlon" X-Accept-Language: en To: "Luzius Bernhard, aka, Hans Bernhard" , Oskar Obereder , Christoff Mutter Subject: Board of Election Commissioners et al. v. Hans Bernhard, et al. X-Priority: 2 (High) Gentlemen: Please find attached a copy of the Plaintiffs' Emergency Petition for Rule to Show Cause (without exhibits, which will follow via mail and overnight federal express mail), which will be heard by the Circuit Court of Cook County on Wednesday, November 1, 2000 at 10:30 am. Central Standard Time. Also be advised that today's status hearing before Judge Murphy was continued until Wednesday, November 1 at 10:30 am. James M. Scanlon Attorney for Plaintiffs Ph. 312.977.4881 Fax. 312.782.8162 Attachment converted: berlin:ruleshowcause1.JPG (JPEG/ogle) (000178FB) Attachment converted: berlin:ruleshowcause2.JPG (JPEG/ogle) (000178FC) Attachment converted: berlin:ruleshowcause3.JPG (JPEG/ogle) (000178FD) Attachment converted: berlin:ruleshowcause4.JPG (JPEG/ogle) (000178FE) Attachment converted: berlin:ruleshowcause5.JPG (JPEG/ogle) (000178FF) Attachment converted: berlin:ruleshowcause6.JPG (JPEG/ogle) (00017900) Attachment converted: berlin:ruleshowcause7.JPG (JPEG/ogle) (00017901) Attachment converted: berlin:ruleshowcause8.JPG (JPEG/ogle) (00017902) Attachment converted: berlin:ruleshowcause9.JPG (JPEG/ogle) (00017903) Attachment converted: berlin:ruleshowcause10.JPG (JPEG/ogle) (00017904) Attachment converted: berlin:ruleshowcause11.JPG (JPEG/ogle) (00017905)Delivered-To: hans@ubermorgen.com From: "Kesner, Alan R." To: "'hans@ubermorgen.com'" , "'oskar@silverserver.co.at'" , "'info@joker.com'" Cc: "Oswald, Barbara L." , "Tinker, Steve E." Subject: Lawsuit Filed Today Date: Tue, 31 Oct 2000 15:18:00 -0600 This message is intended to inform you that the Attorney General of Wisconsin filed a lawsuit today in State Court, Dane County, Wisconsin, seeking a restraining order and an injunction to halt any vote-selling or vote-buying facilitated by vote-auction.com. The defendants named are Luzius A Bernhard, Silverserver and CSL GmbH. Silverserver and CSL GmbH are requested only to stop providing their services to Bernhard. I have attached to this message copies of the following six documents, in MS Word 97 format: Summons Complaint Motion for Ex Parte Restraining Order Notice of Motion and Motion for Temporary Injunction Memorandum in Support of Motions Order (draft) The judge assigned is Dane County Circuit Judge Sarah O'Brien. Because of scheduling difficulties, she has not yet had the opportunity to decide whether to sign the requested ex parte order, but intends to review the documents and determine whether to sign the order before tomorrow morning local time. The case number is Dane County Circuit Court Case Number 00-CV-2925. The case is titled State of Wisconsin v. Luzius A. Bernhard, Silverserver and CSL GmbH. The court has scheduled a hearing on the request for a temporary injunction for Tuesday, November 7, 2000, at 9:00 am (US Central Daylight Time, UT -0600). We intend to have authenticated copies of all of the filed documents forwarded to you via express courier tonight. If you have questions or wish to respond to this e-mail, please copy Assistant Attorneys General Barbara Oswald and Steve Tinker (who are copied on this message so that you may have their e-mail addresses). I will be away from my office for approximately two days and may not be able to respond, but AAGs Oswald and Tinker will be available. Their contact information is also provided below. ---------------------- Alan R. Kesner kesnerar@doj.state.wi.us Assistant Attorney General Phone: (608) 267-2070 Wisconsin Department of Justice Fax: (608) 267-2778 123 West Washington Avenue P.O. Box 7857 Madison, Wisconsin USA 53707 Barbara L. Oswald oswaldbl@doj.state.wi.us Assistant Attorney General Phone: (608) 266-3067 Wisconsin Department of Justice Fax: (608) 267-2778 123 West Washington Avenue P.O. Box 7857 Madison, Wisconsin USA 53707 Steven E. Tinker tinkerse@doj.state.wi.us Assistant Attorney General Phone: (608) 266-0764 Wisconsin Department of Justice Fax: (608) 267-2778 123 West Washington Avenue P.O. Box 7857 Madison, Wisconsin USA 53707 Attachment converted: berlin:Voteauction complaint.doc (WDBN/MSWD) (0001790C) Attachment converted: berlin:Summons.doc (WDBN/MSWD) (0001790D) Attachment converted: berlin:Order.doc 1 (WDBN/MSWD) (0001790E) Attachment converted: berlin:notice & motion.doc (WDBN/MSWD) (0001790F) Attachment converted: berlin:Memorandum in Support of Motion (WDBN/MSWD) (00017910) Attachment converted: berlin:ex parte motion.doc (WDBN/MSWD) (00017911) Delivered-To: hans@ubermorgen.com From: "Kesner, Alan R." To: "'hans@ubermorgen.com'" , "'oskar@silverserver.co.at'" , "'info@joker.com'" Cc: "Oswald, Barbara L." , "Tinker, Steve E." Subject: Order Signed Today Date: Tue, 31 Oct 2000 15:32:38 -0600 I have just been informed by Judge O'Brien's court that she had the opportunity to review the materials and signed the ex parte order as we proposed it. A copy of the proposed order was included with the materials previously sent to you. We will forward a copy of the signed document when we receive it tomorrow. The matter is still scheduled for a temporary injunction hearing On Tuesday, November 7 at 9:00 am (-0600). Alan Kesner ---------------------- Alan R. Kesner kesnerar@doj.state.wi.us Assistant Attorney General Phone: (608) 267-2070 Wisconsin Department of Justice Fax: (608) 267-2778 123 West Washington Avenue P.O. Box 7857 Madison, Wisconsin USA 53707 Barbara L. Oswald oswaldbl@doj.state.wi.us Assistant Attorney General Phone: (608) 266-3067 Wisconsin Department of Justice Fax: (608) 267-2778 123 West Washington Avenue P.O. Box 7857 Madison, Wisconsin USA 53707 Steven E. Tinker tinkerse@doj.state.wi.us Assistant Attorney General Phone: (608) 266-0764 Wisconsin Department of Justice Fax: (608) 267-2778 123 West Washington Avenue P.O. Box 7857 Madison, Wisconsin USA 53707 Attachment converted: berlin:Order.doc (WDBN/MSWD) (0001790B) Delivered-To: Hans@ubermorgen.com Date: Thu, 02 Nov 2000 14:42:50 -0600 From: "Toni Pitts" To: Subject: Please read Notice: Attached are 5 pages of the Temporary Restraining Order signed on November 1, 2000, by the Cole County Circuit Court, State of Missouri. The State of Missouri's application for preliminary injunction is scheduled for hearing on November 20, 2000, at 1:00 p.m. (CST) in Division I of the Cole County Circuit Court, Jefferson City, Missouri, USA. Attachment converted: berlin:TRO Vote Auction.pdf (PDF /CARO) (00017918) Attachment converted: berlin:TRO Vote Auction1.pdf (PDF /CARO) (00017919) Attachment converted: berlin:TRO Vote Auction2.pdf (PDF /CARO) (0001791A) Attachment converted: berlin:TRO Vote Auction3.pdf (PDF /CARO) (0001791B) Attachment converted: berlin:TRO Vote Auction4.pdf (PDF /CARO) (0001791C)Delivered-To: hans@ubermorgen.com Date: Thu, 02 Nov 2000 17:24:34 -0600 From: "James M. Scanlon" Reply-To: scanlon@ameritech.net Organization: James M. Scanlon X-Accept-Language: en To: hans@ubermorgen.com Subject: Courtesy Copies Attached is a courtesy copy of an Emergency Motion filed today with the U.S. District Court in Chicago, Illinois, USA. Attachment converted: berlin:motion to remand.doc (WDBN/MSWD) (0001791D)Delivered-To: hans@ubermorgen.com Date: Thu, 02 Nov 2000 17:27:18 -0600 From: "James M. Scanlon" Reply-To: scanlon@ameritech.net Organization: James M. Scanlon X-Accept-Language: en To: hans@ubermorgen.com Subject: Memorandum of Law Attached is a memorandum of law in support of the emergency motion to remand to state court filed with the U.S. District Court in Chicago, Illinois. Attachment converted: berlin:memo in support of motion to re (WDBN/MSWD) (0001791E)Delivered-To: mailhans@ubermorgen.com Delivered-To: hans@ubermorgen.com X-Sender: mailliz@mail.ubermorgen.com (Unverified) Date: Fri, 3 Nov 2000 19:20:23 +0100 To: hans@ubermorgen.com From: lizvlx Subject: Fwd: entwurf 2 Delivered-To: mailliz@ubermorgen.com Delivered-To: liz@ubermorgen.com Date: Fri, 3 Nov 2000 19:08:31 +0100 (CET) From: steffi schliepack Reply-To: info@adviser-online.de Subject: entwurf 2 To: liz@ubermorgen.com hi grüße steffi __________________________________________________________________ Do You Yahoo!? Gesendet von Yahoo! Mail - http://mail.yahoo.de Yahoo! Mail auf Ihrem Handy? - http://mobil.yahoo.de Content-Type: application/msword; name="031100.doc" Content-Description: 031100.doc Content-Disposition: attachment; filename="031100.doc" Attachment converted: berlin:031100.doc_2.doc (WDBN/MSWD) (000179F3) -- . . . . . . . . . . : ::ubermorgen.com:: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . mob|de +49-175-2066954. . . .ema liz@ubermorgen.com . . . . . mob|at +43-676-9300095. . . .icq 43228608 . . . . . . . . . . fax|at +43-1-9681022. . . . .pgp 0x413C38B8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . if you dont get help from us, please get help somewhere! . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . uberDISCLAIMER 01 :: : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .:: the contents of this email, and any attachments, are . . . .CONFIDENTIAL and intended only for the person[s] to whom. . . .they are addressed:: if you have received the email in. . . . .error, please notify the sender immediately and delete it . . .from your computer system:: do not copy or distribute it. . . .or disclose its contents to any person:: unless otherwise . . .stated, the views and opinions expressed in this email are. . .personal to the sender and do not represent the official. . . .view of the company :: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Delivered-To: mailhans@ubermorgen.com Delivered-To: hans@ubermorgen.com Date: Fri, 03 Nov 2000 17:08:23 -0600 From: Kris Davis X-Accept-Language: en To: hans@ubermorgen.com Subject: Amended Notice of Motion Attached is a courtesy copy of an Amended Notice of Motion for the case Board of Election Commissioners for the City of Chicago v. Bernhard, et al. Attachment converted: berlin:amended notice of motion form r (WDBN/MSWD) (00017CBB)Delivered-To: mailhans@ubermorgen.com Delivered-To: hans@ubermorgen.com X-Lotus-FromDomain: MASS_AG From: Maite.Parsi@ago.state.ma.us To: hans@ubermorgen.com Date: Mon, 6 Nov 2000 17:09:06 -0500 Subject: For Luzius Bernhard Court Order to Shut Down with Attachment - Disregard prior message without attachment ---------------------- Forwarded by Maite Parsi/AGO/STATE/MASS/US on 11/06/2000 04:57 PM --------------------------- Maite Parsi 11/06/2000 04:48 PM To: pr@62.116.31.68 cc: Subject: Court Order to Shut Down with Attachment The attachment did not go through with the first message. This is the second try. Please see below. (See attached file: Order.doc) ---------------------- Forwarded by Maite Parsi/AGO/STATE/MASS/US on 11/06/2000 04:44 PM --------------------------- Maite Parsi 11/06/2000 04:46 PM To: pr@62.116.31.68 cc: Subject: Court Order to Shut Down To: Luzius Bernhard Please note that the attached Order was executed by the Hon. Maria Lopez, Justice of the Superior Court in the Commonwealth of Massachusetts. It is saved in "Word" format. The order states, in pertinent part that: " the Court finds, rules, and orders the following: Defendants Hans Bernhard, Luzius A. Bernhard, Silverserver and Oskar Obereder, their respective agents, servants, employees, and attorneys, all persons in concert or participation with them, and all persons with notice of the Court 's preliminary injunction, ARE HEREBY ENJOINED AND RESTRAINED from directly or indirectly 1. Using or operating any Internet Web site that solicits, aids or allows residents of Massachusetts to sell their votes to be cast at the November 7, 2000 General Election. 2. Using, operating, facilitating or accessing the domain name "Vote-Auction.com" or any domain name or Web site with the same purpose and goals. 3. Failing to remove such Web site from the Internet completely or, in the alternative, failing to modify the Internet Web site known as Vote-Auction.com or any domain name with the same purpose and goals so as to indicate that selling, buying or bidding on votes is not valid in the Commonwealth of Massachusetts. 4. Allowing or continuing registration of the Internet domain name "Vote-Auction.com" or any other domain name offering substantially the same service as Vote-Auction.com. 5. Using or operating in the Commonwealth of Massachusetts any Internet Web site by any name in any manner that would violate prohibitions in the laws of the Commonwealth of Massachusetts against the buying of votes in elections, including, but not limited to, violations of G.L.c. 56 §32 and G.L. 56 §25. 6. Accepting from residents of the Commonwealth of Massachusetts any registration or offer to sell votes or to buy votes at auction through Vote-Auction.com or any other Web site or domain name offering substantially the same services as Vote-Auction.com. 7. Failing to modify their Web site to indicate that all registrations or offers to sell votes and/or buy votes from Massachusetts residents will be denied. 8. Directly or indirectly paying, giving, or promising to a Massachusetts voter any gift or reward to influence his vote or to induce him to withhold his or her vote." This order became effective immediately. Commonwealth of Massachusetts By its attorneys Thomas F. Reilly, Attorney General Maite A. Parsi, Assistant Attorney General Content-type: application/msword; name="Order.doc" Content-Disposition: attachment; filename="Order.doc" Content-Description: Word 6.0 Windows/Mac Attachment converted: berlin:Order.doc 3 (WDBN/MSWD) (00018AD7)