August 2008 - NA-Discuss - lists.icann.org

[Fwd: Re: [ga] More Registrar Malfeasance Reported]
by Jeffrey A. Williams Aug. 6, 2008

Aug. 6, 2008

All, Forwarding this as it seems that Nick is unable or unwilling to manage a list forum by his own rules properly. -------- Original Message -------- Subject: Re: [ga] More Registrar Malfeasance Reported Date: Tue, 05 Aug 2008 17:05:42 -0700 From: "Jeffrey A. Williams" <jwkckid1(a)ix.netcom.com> Organization: IDNS and Spokesman for INEGroup To: ga(a)gnso.icann.org, Governance/IGC <governance(a)lists.cpsr.org> CC: "alac(a)atlarge-lists.icann.org" <alac(a)atlarge-lists.icann.org>,Stacy Burnette <stacy.burnette(a)icann.org> References: <444690.28282.qm(a)web52209.mail.re2.yahoo.com> Danny and all, Thank you again for your diligance here. This again demonstrates why ICANN and especially the GNSO, and ICANN registrars need DOC/NTIA as well as other supervision. Danny Younger wrote: > > KnujOn has found at least 19 rogue pharmacy domains, sponsored through DIRECT INFORMATION PVT LTD D/B/A PUBLICDOMAINREGISTRY.COM (PDR) back in operation with the same content and at the same nameserver after being reported to ICANN by the Registrar as suspended. The nameserver is also sponsored by PDR and is itself an unlicensed pharmacy site. This is an example of a practice we have seen all too frequently where Internet companies will remove sites temporarily for reported policy violations only to restore them shortly afterwards. DIRECT INFO/PDR was rated the 9th Worst Registrar by KnujOn in terms of sponsoring spam sites previously. Clearly the consumer is not being protected by the current system. Full report here: http://www.knujon.com/news.html#08052008 > Regards, Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln "Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt "If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1(a)ix.netcom.com My Phone: 214-244-4827

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Apple DNS Patch Doesn't Fix Client Versions of OS X
by Jeffrey A. Williams Aug. 4, 2008

Aug. 4, 2008

All, Yet another too soon.knee jerk claim by Apple. See: (August 1, 2008) Apple released a patch for the recently disclosed and exploited DNS vulnerability, but while it fixes Mac OS X systems used as DNS servers, it does not protect Macs being used as client systems. Fully patched versions of both Tiger (version 10.4.11) and Leopard (version 10.5.4) do not adequately randomize DNS source ports. Apple released Security Update 2008-005 on Thursday, July 31 to address 17 flaws in its OS X operating system. - From Internet Storm Center: http://isc.sans.org/diary.html?storyid=4810 A quick packet dump of my fully patched Leopard machine (OS X 10.5.4) shows it is - as a DNS client - still using incrementing ports. http://www.theregister.co.uk/2008/08/01/osx_still_vulnerable/print.html http://www.informationweek.com/news/hardware/mac/showArticle.jhtml?articleI… http://www.computerworld.com/action/article.do?command=viewArticleBasic&art… Regards, Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln "Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt "If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1(a)ix.netcom.com My Phone: 214-244-4827

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RIAA's $222k Verdict Is Likely To Be Set Aside
by Jeffrey A. Williams Aug. 4, 2008

Aug. 4, 2008

All, Well seems that the recent RIAA legal "Big Gun" missed it's mark. So isn't it about/past time that ICANN's IPC discorge itself from the RIAA? See: http://recordingindustryvspeople.blogspot.com/ writes "Apparently the RIAA's http://news.slashdot.org/article.pl?sid=08/08/01/2251217&tid=123 'big gun' didn't fare so well this morning in Duluth, when he tried to persuade the judge in http://recordingindustryvspeople.blogspot.com/2007/01/index-of-litigation-d… Capitol v. Thomas that the part of the Copyright Act which says 'by sale or other transfer of ownership, or by rental, lease, or lending', can be disregarded. According to an http://blog.wired.com/27bstroke6/2008/08/judge-hints-at.html in-person account by Wired.com the Judge indicated that he is likely to grant a mistrial, setting aside the $222,000 jury verdict based upon his incorrect jury instruction, and that he will probably hand down his decision in September. Just yesterday some of the same lawyers http://recordingindustryvspeople.blogspot.com/2008/08/mpaa-loses-in-case-ag… got rebuffed by the US Court of Appeals for the Second Circuit in their attempt to argue that Cablevision's online storage for its customers constitutes a copyright infringement, in Cartoon Network v. CSC Holdings. There, too, the content owners had argued that the wording of the Copyright Act did not mean what it said. There, too, the Court politely but firmly disagreed." Regards, Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln "Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt "If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1(a)ix.netcom.com My Phone: 214-244-4827

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Re: [NA-Discuss] [ga] Comments on ICANN's approval of .info Abusive Use Policy -- contradictions
by Jeffrey A. Williams Aug. 4, 2008

Aug. 4, 2008

George and all, Thank you George, very much! So to sum up, Afilias the .Info registry takes no responsibility for whatever it's registrar may or may not have done in it's determination of what any .Info domain name may or may not be "Involved" in or with. So that means that there essentially is no means by which, other than a UDRP provider, that abusive or accused abusive DN's as to take down, ect. So they, Afilias, ICANN, essentially punted. Just lovely! George Kirikos wrote: > Hi folks, > > I just wanted to share a few tidbits, so it's on the record. Does > anyone here find it interesting that in their proposal, they cite > 3.6.5: > > http://www.icann.org/en/registries/rsep/afilias-request-20jun08.pdf > > But according to their own staff, in the Fast Flux working group: > > http://forum.icann.org/lists/gnso-ff-pdp-may08/msg00333.html > http://forum.icann.org/lists/gnso-ff-pdp-may08/msg00036.html > > about section 3.6.5. :) > > "Language you cite from the .info RRA does not permit "de-registration > in the event of criminal activity, and/or to protect the interests of > the registry/registrar." The "integrity and stability of the > registry" refers > to operational stability and accuracy, which is not threatened by a > phish, > or fast-flux domains, etc. Such threats to the stability of the > registry > itself are quite rare. "Integrity" does not means the interests of the > TLD. > As far as I am aware, there are no blanket laws or government rules > that > allow gTLD registries to suspend domains etc whenever they like. Court > orders etc. are specific to particular cases, of course. " > > Not just any staff, though, but "Greg Aaron is Director, Key Account > Management and Domain Security at Afilias." "Greg manages registry > services for .INFO, and oversees Afilias' security programs, designed > to address domain name abuses such as phishing, spam, and malware in > .INFO." > > Also, - Afilias quotes the example of .biz for precedent in order to > get Fast Track approval from Staff: > > "For example, ICANN's contract with the .BIZ registry operator includes > a prohibition against registrants "Using the domain name for the > submission of unsolicited bulk e-mail, phishing, pharming or other > abusive or fraudulent purposes." > > http://www.icann.org/tlds/agreements/biz/appendix-08-08dec06.htm > > Afilias failed to mention that in that same agreement, 5 or 10 lines > below what they quoted, it says: (Exhibit D, point II) > > "The RDRP sets forth the terms under which any allegation that a domain > name is not used primarily for business or commercial purposes shall be > enforced on a case-by-case, fact specific basis by an independent > ICANN-accredited dispute provider. ******None of the violations of the > Restrictions will be enforced directly by or through Registry > Operator.****** Registry Operator will not review, monitor, or > otherwise verify that any particular domain name is being used > primarily for business or commercial purposes or that a domain name is > being used in compliance with the UDRP processes." > > In other words, the precedent they cited was flawed, and was actually > about the registry operator explicitly NOT reviewing it, but only > acting on a ruling from an ICANN-accredited dispute provider. > > Just thought some folks might want this information. > > Enjoy! > > Sincerely, > > George Kirikos > http://www.kirikos.com/ Regards, Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln "Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt "If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1(a)ix.netcom.com My Phone: 214-244-4827

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FBI Seizes Library Computers Without Warrant
by Jeffrey A. Williams Aug. 3, 2008

Aug. 3, 2008

All, What's up with this? I can't see how this was necessary and seemingly is abusive. For all you NA folks, this is something you can write you local FBI office about. IMHO, this is deplorable and is a significant user issue as many users use library computers to do thei research and other educational related activities. Antrax case my A$$! Looks like a CYA operation to me... What's next, is the FBI going to search little kids lunch boxes for P2P devices and cell phones and confiscate them too? See: Two FBI agents walked into a public library in Maryland, without a warrant, and http://wtopnews.com/?nid=598&sid=1452848 walked out with two computers. The library director agreed to release the machines to these smooth-talking feds. According to the article, the director of Frederick County Public Libraries indicated that this was the third time in his 10 years there that the FBI had requested records, but the first time they had come without a court order. The director seemed to indicate no regrets, stating 'It was a decision I made on my experience and the information given to me.' He further justified his actions, noting that the agents indicated specific computers they needed (of the several dozen in the library) and further that they 'had an awful lot of information.'" The library director speculated whether the raid may have involved the http://news.slashdot.org/article.pl?sid=08/08/01/1532217&tid=266 Bruce Ivins / anthrax case, musing "Obviously it coincided with the events everyone is talking about," but he said the agents hadn't mentioned it. Regards, Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln "Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt "If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1(a)ix.netcom.com My Phone: 214-244-4827

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Speeking of "Moral Police":Verizon Denies DSL Because of Subscriber's Name
by Jeffrey A. Williams Aug. 3, 2008

Aug. 3, 2008

All, Who's the "Moral Police now"? Seems that Verizon has taken it upon themselves to be so. And it took the "Enquirer"! to get them off the dime?! Well let's hope this fine Dr. doesn't try to register his last name as a DN, like maybe Libshitz.edu? Or maybe Libshitz.info? >:) Note: one has to have a sense of humor to appriciate these things of course... See: When retired Philadelphia-area doctor and Vietnam veteran Dr. Herman I. Libshitz went to upgrade his dial-up connection to Verizon DSL, he was informed they http://www.philly.com/philly/hp/news_update/26089374.html wouldn't complete the order because his last name contained an expletive. Repeated calls to several levels of management at Verizon failed to resolve the problem, with several managers suggesting he change his last name. It all worked out in the end, after the Philadelphia Enquirer intervened. Regards, Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln "Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt "If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1(a)ix.netcom.com My Phone: 214-244-4827

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Navajo Nation Losing Internet Access
by Jeffrey A. Williams Aug. 3, 2008

Aug. 3, 2008

All, I wonder if ICANN, google, or Verisign will step up here and help these poor native americans out? If they did, it would sure be good PR! Maybe even the ALAC and GA members could pass the hat as well? >:) It's nearly a sure thing Uncle Sam isn't going to stand up. See: Due to contracts that are allegedly FUBAR, and associated wrangling, the Navajo Nation is http://www.washingtonpost.com/wp-dyn/content/article/2008/08/01/AR200808010… being cut off by its satellite ISP. This is the final stage of the process, which already deprived chapter houses of access last April. While the business mechanisms play themselves into the expected ludicrous snarl, the real question may be: Is there a place for an inexpensive ham/technogeek/FOSS solution that could bypass the antics of the for-pay providers? Regards, Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln "Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt "If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1(a)ix.netcom.com My Phone: 214-244-4827

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Issues anyone? to: Band Leaks Own Album, Blames Pirates
by Jeffrey A. Williams Aug. 2, 2008

Aug. 2, 2008

All, Now isn't this just interesting?! I wonder if Buckcherry is an RIAA member? If so, I would than have to wonder how well the RIAA and subsequently the IPC audits it membership policies and practices, if in the case of the RIAA, they do at all beyond, what the last membership check was, and how much that member donated in addition for this year? Maybe Nick can use this a leverage when he is "Visiting" ICANN in MDR for travel expenses? >:) Oh and Nick, you might want to also hit up Google as well for those travel expenses as there is clearly a FCC Title 5 violation in their part in this, and remember anyone can file complaint with the FCC as a John Doe. Yet we have an RIAA that is constantly claiming that there are pirates under every rock and behind every Domain name, with BitTorrent being the "Blackbeard" of the bunch, and every other university student a would be major league "Pirate in Training" demanding P2P be regulated and constantly monitored by LEA's, while Google plays on both sides of the fence. Extrodinary! ACTA anyone? >:) See article: When the hard rock band Buckcherry found out their latest single had leaked on BitTorrent, they didn't try to cover it up or take the file down. No, instead, they issued a press release. After a bit of research, TorrentFreak found out http://torrentfreak.com/band-leaks-track-to-bittorrent-blames-pirates-08073… \the track wasn't leaked by pirates, but by Josh Klemme, the manager of the band. In an attempt to cover their tracks, the press release was pulled, but it's http://www.reuters.com/article/pressRelease/idUS133080+22-Jul-2008+MW200807… still available through Reuters and Google's cache. Regards, Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln "Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt "If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1(a)ix.netcom.com My Phone: 214-244-4827

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Re: [NA-Discuss] [At-Large] ALAC Mailing List Changes - an update
by Jeffrey A. Williams Aug. 2, 2008

Aug. 2, 2008

JFC and all, As history has repeatedly shown, rough consensus isn't realistic. Only a vote of all interested parties as articulated in the MOU will suffice. In your own countries history, the "Let them eat cake" uttering proves should be sufficient evidence to remind you JFC of such an unrealistic notion. So in conclusion, ICANN still does not have an actual "At-large" that fully and unfetteredly represents users/stakeholeders. JFC Morfin wrote: > Vittorio, > this is why I opened a moderated Internet @large list at > http://atlax.org. I do not want to advertise it too much because > france@large plans to carry a technical review on the best way to > support the Internet Governance various Fora and @large groups, and > even possibily enginerr or develop a management tool based upon our > height years of experience of the issue and ICANN. > > That list will be what @larges want it to be as per their rough consensus. > jfc > > At 14:41 02/08/2008, Vittorio Bertola wrote: > > >Ok - the first attempt to send this message (just replying to a message > >from the global public list) got me back a "you're not authorized to > >open your mouth" message. > >Let's see if this other address works. > > > >At-Large Staff ha scritto: > > > Dear ALAC List members: > > > > > > Earlier today, I emailed you about some of the changes to the worldwide > > > At-Large lists, however, I misunderstood a part of what was intended with > > > respect to the new working committee list. > > > > > > It is actually intended that this list will be viewable via the open > > > archives (and, since the mailing lists are all connected to forums on > > > atlarge.icann.org, you can see the list traffic there too), but > > not that you > > > would be able to subscribe to it, as per the ALAC resolution at its July > > > meeting, and in line with other similar lists such as the GNSO Council. > > > >This effectively means that the rest of the community can't participate > >in a discussion with ALAC members. If I had to comment on something that > >an ALAC member said, what I would have to do is: > >- spend my time pressing F5 in my browser on the Web archive of the > >"public" ALAC list so that I can notice that a new message has been sent; > >- read it through the impractical, year-1995-style mail-to-list > >interface that ICANN provides; > >- select and copy the text; > >- open a new message in my email program, directed to the global At > >Large list; > >- paste the text as quote (hoping that my email app lets me do so); > >- add my comment; > >- manually add into the address list the person I am replying to, since > >it won't be there by default and I'm not even sure whether he/she'll be > >reading the global list; > >- presumably add some text to explain what I am replying to, since no > >one on that list will have seen the message before. > > > >Do you really think that this is a reasonable proposal? > > > >Also, is this list (the global one) being left to its destiny as Mr. > >Williams' personal dump? If that's the case, I don't see how we can have > >a discussion here either. It's just like the ALAC, rather than putting > >some effort into moderating the list and ensuring a reasonable > >environment for discussion with its community, prefers going away and > >preventing any outside participation. > > > >Regards, > >-- > >vb. Vittorio Bertola - vb [a] bertola.eu <-------- > >--------> finally with a new website at http://bertola.eu/ <-------- > > > > > >_______________________________________________ > >At-Large mailing list > >At-Large(a)atlarge-lists.icann.org > >http://atlarge-lists.icann.org/mailman/listinfo/at-large_atlarge-lists.ican… > > > >At-Large Official Site: http://atlarge.icann.org > > _______________________________________________ > At-Large mailing list > At-Large(a)atlarge-lists.icann.org > http://atlarge-lists.icann.org/mailman/listinfo/at-large_atlarge-lists.ican… > > At-Large Official Site: http://atlarge.icann.org Regards, Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln "Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt "If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1(a)ix.netcom.com My Phone: 214-244-4827

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Resend of: GOOGLE SUED FOR SELLING INADEQUATE ADS
by Jeffrey A. Williams Aug. 1, 2008

Aug. 1, 2008

All, Seems yet again Google has decided to hoist upon users more nonsense/shanagans. Vint, perhaps in your evanglissm role, you can impress upon Mr. Schmidt that such behavior is not a healthy thing and should be discontinued forthwith. Thank you for your efforts in this regard in advance, and I am hopeful that you will be succesful in addressing this problem with a cease of these activities as the only vaable and proper resolution. See: On July 11th, attorney Hal K. Levitte sued Google for selling low-quality advertisements on parked domains and error pages. Levitte advertised his legal services using Googles programs last year. 15.3% of his ad campaign was taken up by parked domains, which are web pages with automated links related to a predetermined search keyword. Levitte had 202,528 impressions on parked domain pages, with 668 clicks and zero conversions. For the lack of results, Levitte sued Google for fraud, business code violations, and unjust enrichment. The lawsuit was filed as a class action, as Levittes attorneys hope to represent others in the same situation. Just six days later, on July 17th, RK West, a company that does business as Malibu Sales, sued Google for the same reasons as Levitte. The second complaint alleges that Google uses ads on parked domains to launder invalid clicks on websites that have no content. The complaint claims that because Google charges customers for every click, regardless of validity, it benefits from the ads on parked domains while the customer does not. The RK West complaint may be found at http://docs.justia.com/cases/federal/district-courts/california/candce/5:20… The Levitte complaint may be found at http://docs.justia.com/cases/federal/district-courts/california/candce/5:20… Regards, Spokesman for INEGroup LLA. - (Over 281k members/stakeholders strong!) "Obedience of the law is the greatest freedom" - Abraham Lincoln "Credit should go with the performance of duty and not with what is very often the accident of glory" - Theodore Roosevelt "If the probability be called P; the injury, L; and the burden, B; liability depends upon whether B is less than L multiplied by P: i.e., whether B is less than PL." United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947] =============================================================== Updated 1/26/04 CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS. div. of Information Network Eng. INEG. INC. ABA member in good standing member ID 01257402 E-Mail jwkckid1(a)ix.netcom.com My Phone: 214-244-4827

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