Delivered-To: hans@ubermorgen.com
X-Sender: @mail.etxtreme.ru (Unverified) Date: Thu, 2 Nov 2000 07:40:42 +0100
To: bt@eff.org, barlow@eff.org, gnu@eff.org, tien@eff.org, cindy@eff.org From: ubermorgen <hans@ubermorgen.com>
Subject: urgent: free speech / vote-auction.com Cc: liz@ubermorgen.com, hans@ubermorgen.com 


dear eff

we need support for our action vote-auction.com, now reacheable under http://62.116.31.68/ , we have been cut off DNS twice, once legally via temp. injunction, the second time clearly outside the legal ways [bouth toplevel in germany, was cut off by internic without notice, without going the legal way].

our project is clearly and obviously protected under the free speech act. all rumors that we are buying or selling are totally without substance. 

we have been named in 3 civil lawsuits and are subject to 6 or 7 general attorney investigations. 

please! spread the word.

attached you find our latest press.release. thanks to brad templeton we have started to communicate with aclu.org in order to find legal reps in the US. so far no representation has resolved from this, but we are working on it.

please help us to find a way to ensure that free speech - even if in the form of satire - can be live and accesseable to the users of the internet. 

this is personal mail and not for publication, [except the press.release].

best regards

luzius bernhard

hans@ubermorgen.com
+43 676 930 00 61 mobile






FOR IMMEDIATE RELEASE

-------------------------------------------------------- 

Vote-auction 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 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-elected 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] Vote-auction.com 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 buy 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.voteauction.org


Vote-auction is currently spreading the message via international and national media, via newsgroups, mailinglists, search engines and other forms of direct and mass media. Anybody worldwide will easily find Vote-auction! 


[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 questions of all - "Would you rather go voting if you received money for it?". Find the polls at: http://62.116.31.68/polls/


[] 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 To stimulate public reactions from the US but also the International audience. Find very interesting and controversial discussions at:
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 to give you broad Information on how Vote-auction.com 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, 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 we 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, 2 Nov 2000 00:37:30 -0800
From: Brad Templeton <brad@templetons.com> To: ubermorgen <hans@ubermorgen.com>
Subject: Re: urgent: free speech / vote-auction.com Organization: http://www.templetons.com/brad 

On Thu, Nov 02, 2000 at 07:40:42AM +0100, ubermorgen wrote: 
>
>dear eff
>
>we need support for our action vote-auction.com, now reacheable under http://62.116.31.68/ , we have been cut off DNS twice, once legally via temp. injunction, the second time clearly outside the legal ways [bouth toplevel in germany, was cut off by internic without notice, without going the legal way].

We're curious about this. I am concerned about courts shutting off domains of Austrians for alleged violation of US laws. Clearly since you didn't violate the law they should not shut it off but I am concerned about when they can shut it off even if you did violate the law. 

Now, one issue of concern is that by moving to vote-auction, you may be in contempt of the court order not to operate the site under another domain. This court order should be fought, but direct disobedience is a very risky course. It might have been wise to have arranged mirrors (themselves not subject to the order unless named in it) beforehand but it could be too late after. (Your lawyers would have to advise on this.) 

>our project is clearly and obviously protected under the free speech act. all rumors that we are buying or selling are totally without substance. 

Right, but for now the press is writing that you're saying it a business. Wired news on Monday quoted you as saying this while Baumgarnter was saying it was all a satire.

I defend your right to not reveal it's a satire, but the time may have arrived when you will need to do that, and to get the officials censured for forcing you to do so. You need to win in the court of public opinion, and to rally support, it makes sense to tell people you had this nice funny satire and the officials didn't get the joke and called out the heavy guns to censor you. 

It makes them look like idiots, which is what you need right now. It helps if you can also collect all the proof you have that there was never any intent to buy or sell votes, encourage it or solicit it. You should of course not destroy any files or documents. Your lawyers will give you more complete advice on this. The EFF is too swamped with work to be your lawyers right now but we're willing to help the ACLU if they lead on it.

>
>we have been named in 3 civil lawsuits and are subject to 6 or 7 general attorney investigations. 
>
>please! spread the word.
>
>attached you find our latest press.release. thanks to brad templeton we have started to communicate with aclu.org in order to find legal reps in the US. so far no representation has resolved from this, but we are working on it.
>
>please help us to find a way to ensure that free speech - even if in the form of satire - can be live and accesseable to the users of the internet. 
>
>this is personal mail and not for publication, [except the press.release].
>
>best regards
>
>luzius bernhard
>
>hans@ubermorgen.com
>+43 676 930 00 61 mobile
>

I think you need to decide how long you want to play this as serious. As an old satirist myself I know it's a pain to think otherwise, but the battle is serious. By registering vote-auction you may have been in defiance of the court order which could get you in trouble even if you win the rest of the case. You need more publicity and I recommend the best way to get it is to come clean and make the officials look like fools.
>
>
>
>
>
>FOR IMMEDIATE RELEASE
>
>-------------------------------------------------------- 
>
>Vote-auction 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 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-elected 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] Vote-auction.com 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 buy 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.voteauction.org
>
>
>Vote-auction is currently spreading the message via international and national media, via newsgroups, mailinglists, search engines and other forms of direct and mass media. Anybody worldwide will easily find Vote-auction! 
>
>
>[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 questions of all - "Would you rather go voting if you received money for it?". Find the polls at: http://62.116.31.68/polls/
>
>
>[] 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 To stimulate public reactions from the US but also the International audience. Find very interesting and controversial discussions at:
>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 to give you broad Information on how Vote-auction.com 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, 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 we 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: Sun, 5 Nov 2000 15:52:51 -0500 (EST) From: RTMark admin <admin@rtmark.com>
To: net_CALLBOY <hans@ubermorgen.com>
cc: liz@ubermorgen.com
Subject: Re: WIPO Office of Legal and Organization Affairs (fwd) 

great idea! for sure needs to happen... could send out an announcement of that (but you have to do that one...)

http://rtmark.com/
Turning information resources into emotional capital. 

On Sun, 5 Nov 2000, net_CALLBOY wrote:

>>.... on second thought, this is actually an impostor! this isn't wipo, this is someone who is pretending to be with wipo... i'm pretty sure... it's Gurry <gurry@wipo.org.uk>
>>
>
>hehehe.. clearly.. thats someone using
>your technology.. but cool!
>
>maybe we can use some quotation of him
>+ his email in order to make even more
>chaos..
>
>hans
>
>
>>http://rtmark.com/
>>Turning information resources into emotional capital. 
>>
>>---------- Forwarded message ---------- Date: Sun, 5 Nov 2000 19:15:40 +0100
>>From: Francis Gurry <fgurry@wipo.org>
>>To: cregan@netsol.com
>>Cc: kidris@wipo.org, icann@icann.org, andy@ccc.de, shemphill@domainbank.net Subject: WIPO Office of Legal and Organization Affairs 
>>
>>Dear Mr. Regan
>>
>>On November 1, Network Solutions (NSI) shut down the domain vote-auction.com without warning or explanation to the owner (Luzius A. Bernhard). 
>>
>>This is clearly illegal and the World Intellectual Property Organization (WIPO) will take adequate leagal steps against NSI to reverse this descision. As legal representant of WIPO I request you kindly to reanable the domain within five (5) business days. 
>>
>>If NSI doesn't comply in the given time period, further legal steps will be taken.
>>
>>The foregoing is without prejudice to any right, remedy, claim or defense otherwise available to us under the circumstances, all of which are expressly reserved. We look forward to hearing from you at your very earliest opportunity.
>>
>>
>>Kind regards,
>>
>>Francis Gurry
>>
>>Assistant Director General and Legal Counsel WIPO Geneva, Switzerland
>>------
>>
>>DISCLAIMER: Any e-mail messages from WIPO Switzerland are sent in good faith, but shall not be binding nor construed as constituting any obligation on the part of the Organization.
>>
>>CONFIDENTIALITY NOTICE: This e-mail contains confidential information, which is intended only for the use of the recipient(s) named above. If you have received this communication in error, please notify the sender immediately via e-mail and return the entire message. Thank you for your assistance. 
>
>--
>
>. . . . . . . . . . . : ::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: mailhans@ubermorgen.com
Delivered-To: hans@ubermorgen.com
Date: Sun, 5 Nov 2000 13:24:23 -0500 (EST) From: RTMark admin <admin@rtmark.com>
To: pr@[62.116.31.68], hans@ubermorgen.com Subject: WIPO Office of Legal and Organization Affairs (fwd) 

.... on second thought, this is actually an impostor! this isn't wipo, this is someone who is pretending to be with wipo... i'm pretty sure... it's Gurry <gurry@wipo.org.uk>


http://rtmark.com/
Turning information resources into emotional capital. 

---------- Forwarded message ----------
Date: Sun, 5 Nov 2000 19:15:40 +0100
From: Francis Gurry <fgurry@wipo.org>
To: cregan@netsol.com
Cc: kidris@wipo.org, icann@icann.org, andy@ccc.de, shemphill@domainbank.net Subject: WIPO Office of Legal and Organization Affairs 

Dear Mr. Regan

On November 1, Network Solutions (NSI) shut down the domain vote-auction.com without warning or explanation to the owner (Luzius A. Bernhard). 

This is clearly illegal and the World Intellectual Property Organization (WIPO) will take adequate leagal steps against NSI to reverse this descision. As legal representant of WIPO I request you kindly to reanable the domain within five (5) business days. 

If NSI doesn't comply in the given time period, further legal steps will be taken.

The foregoing is without prejudice to any right, remedy, claim or defense otherwise available to us under the circumstances, all of which are expressly reserved. We look forward to hearing from you at your very earliest opportunity.


Kind regards,

Francis Gurry

Assistant Director General and Legal Counsel WIPO Geneva, Switzerland
------

DISCLAIMER: Any e-mail messages from WIPO Switzerland are sent in good faith, but shall not be binding nor construed as constituting any obligation on the part of the Organization.

CONFIDENTIALITY NOTICE: This e-mail contains confidential information, which is intended only for the use of the recipient(s) named above. If you have received this communication in error, please notify the sender immediately via e-mail and return the entire message. Thank you for your assistance.