28 April 2007 http://cryptome.org/cryptome-shut.

htm

[By certified mail, received 28 April 2007.]

VERIO
An NTT Communications Company

Writer's Direct Numbers

o) 303-645-1912
fax) 303-708-2445
e-mail: dthompson[at]verio.net

April 20, 2007

Via Certified Mail

John Young
Cryptome Org
251 West 89th Street
New Yor, NY 10024

RE: www.cryptome.org

Dear Mr. Young,

This letter is to notify you that we are terminating your service for
violation of our Acceptable Use Policy, effective Friday May 4, 2007.
We are providing you with two week notice to locate another service
provider.

Sincerely,

VERIO INC.
an NTT Communications Company

[Signed]

Danna Thompson
Legal Department

Verio Inc.
8005 S. Chester Street
Suite 200
Englewood, CO 80112
www.verio.com

Cryptome note:

This notice of termination is surprising for Verio has been

consistently supportive of freedom of information against those who
wish to suppress it. Since 1999 Cryptome has received a number of
e-mailed notices from Verio's legal department in response to
complaints from a variety of parties, ranging from British
intelligence to alleged copyright holders to persons angry that their
vices have been exposed (see below). In every case Verio has
heretofore accepted Cryptome's explanation for publishing material,
and in some cases removal of the material, and service has continued.

In this latest instance there was no notice received from Verio

describing the violation of acceptable use to justify termination of
service prior to receipt of the certified letter, thus no opportunity
to understand or respond to the basis for termination.

It may be wondered if Verio was threatened by an undisclosable means,

say by an National Security Letter or by a confidential legal document
or by a novel attack not yet aired.

Every few months our Verio service rep, Warren Gleicher, Senior
Account Manager, (wgleicher[at]verio.net) writes to see if service is
satifactory.

Danna and Warren: Cryptome would appreciate your telling what has led
to the termination for publication. Send the information anonymously
if necessary to keep your jobs.

Sample legal notices from Verio:

From: Mona Peloquin <mpeloquin[at]verio.net>

To: "'jya[at]pipeline.com'" <jya[at]pipeline.com>
Subject: policies
Date: Mon, 21 Aug 2000 09:41:18 -0400

Greetings.

Our privacy policy, as well as acceptable use policy, can be found on

our web site at www.verio.com.

Thank you.

__________

From: Mona Peloquin <mpeloquin[at]verio.net>

To: 'John Young' <jya[at]pipeline.com>
Subject: RE: Inquiry on Verio Privacy Policy: AUTO
Date: Fri, 18 Aug 2000 18:16:11 -0400

I am out of the office today on travel but will return Monday

afternoon, Aug. 21. Thank you.

-----Original Message-----
From: John Young [SMTP:jya[at]pipeline.com]
Sent: Friday, August 18, 2000 5:43 PM
To: mpeloquin[at]verio.net
Subject: Inquiry on Verio Privacy Policy

Mona Peloquin
Director, Public Relations
Verio Inc.
(303) 645-1961; (703) 642-2800

Dear Ms. Peloquin,

We are a customer of Verio, in particular of your subsidiary, Digital

Nation, which provides dedicated server for Cryptome.org.

We would appreciate additional information on your privacy

and confidentiality policy in light of Verio's acquistion by NTT.
We would like to learn more about news reports on your
arrangements with the US government concerning its
access to your customers' confidential information.

We have read the August 15 news release on your Web site

which states:

In connection with the proceedings, NTT Communications

and Verio, following consummation of the transaction, will
supplement Verio's existing internal operational policies,
manuals and procedures for handling lawful requests of
law enforcement agencies, including formal security
procedures to protect classified information. These
new steps will also ensure that Verio customer information
is not disclosed to unauthorized parties. NTT Communications
and Verio believe that these steps further goals shared by the
industry and are fully consistent with the requirements of
Verio's customers.

Could you provide to me a written copy of your "policies, manuals

and procedures for handling lawful requests of law enforcement
agencies," as well as the "supplement" to made of them under
NTT's agreement with the US government.

We wish to inform our customers of these provisions to assure

that their confidential information has been and will be fully
protected as provided by US law and according to our agreement
for Digital Nation's services and Verio's policy on privacy.

The provisions will be published on our Web site at cryptome.org,

as this letter has been published.

We very much appreciate Verio's past adherence to exemplary

standards of privacy protection and higly principled support of
Cryptome's right to publish controversial information.

Thank you very much,

John Young
Cryptome
Tel: 212-873-8700
Fax: 212-787-6102

Date: Tue, 18 Apr 2000 13:06:12 -0400

To: cchunt[at]hway.net
From: John Young <jya[at]pipeline.com>
Subject: British Request to Remove Document

Mr. Charles Hunt

Acceptable Use Department
Verio
Tel: 561-912-2536

Dear Mr. Hunt

It was a pleasure to speak with you today about the document
on my site Cryptome:

http://cryptome.org/mi5-lis-uk.htm.

Your courtesy and supportive remarks are very much

appreciated.

This will confirm that I decline to remove the document in

response to your forwarded request from a "British
Intelligence Agency" made to Verio's legal department.

I do not believe that posting the document is illegal under

US law and does not violate Verio's terms of acceptable
use. And that an informal request, not a court order, is
insufficient reason to remove the document which provides
significant public information.

I told you that I knew of three other instances of British

intelligence documents being posted on the Internet,
and that they had been removed by the ISPs (Yahoo and
Geocities) without public explanation of why or what
justification was given for their removal. Thus, I would
like to obtain information on the British request to Verio
in or to publish the information on Cryptome.

In response to your invitation to send a letter for forwarding

to Verio's legal department I would very much appreciate
learning, in writing if possible:

1. Who made the request: person, title and agency.

2. When it was made.
3. To whom it was made.
4. Its format, whether verbal or written or both.
5. A description of the request or a copy if it was written.
6. Other means discussed between British Intelligence and
Verio to remove the document.
7. How the request relates to Verio's acceptable use policy.

Verio's response and this message will be published on Cryptome

to provide information on how British Intelligence conducts its affairs
in the US.

Regards,

John Young
Cryptome
251 West 89th Street
New York, NY 10024
212-873-8700

Date: Wed, 19 Sep 2001 13:45:26 -0600

From: Verio Legal Department <legal4[at]verio.net>
To: jya[at]pipeline.com
Subject: Re: cryptome.org - Notification of DMCA Copyright Infringement
Dear Mr. Young,

This letter is to inform you that we have received proper notification

under the Digital Millennium Copyright Act (DMCA) regarding copyright
infringement on your site. Please remove the infringing materials by
Thursday, September 20, 2001, or we will be required by the DMCA to
disable your entire site, http://www.cryptome.org.
To read the DMCA, please see the link to the Act on

http://lcweb.loc.gov/copyright/onlinesp/ .

Sincerely,
Legal Department
VERIO Inc.
> -------- Original Message --------
> Subject: Re: cryptome.org - Notification of DMCA Copyright Infringement
> Date: Wed, 19 Sep 2001 10:52:24 -0600
> From: "Stephen Bean" <SBean[at]kmclaw.com>
> To: <legal4[at]verio.net>
>
>
>
> This letter is to notify you that your network is contributing to
> copyright infringement in violation of the Digital Millennium Copyright
> Act ("DMCA") at the following Internet location:
>
> Web Page http://cryptome.org/homormon.htm
> IP Address 216.167.120.50/homormon.htm
>
> We represent Intellectual Reserve, Inc. ("IRI"), the owner of the
> copyright in an original work titled "Understanding and Helping
> Individuals with Homosexual Problems." IRI has a good faith belief that
> the material posted at this site is a reproduction of its copyrighted
> work and that IRI, its agents, or the law has not authorized this
> reproduction.
>
> We determined your involvement in this matter by running a trace route
> utility on the above web address, which yielded an IP address of
> 216.167.120.50. It is our understanding that Verio, Inc. maintains the
> netblock 216.167.0.0 - 216.167.127.255.
>
> In accordance with United States copyright law, we ask that you
> immediately remove or disable the aforesaid infringing web page. The
> posting of this copyrighted material on your network is in clear
> violation of the DMCA. See, 17 U.S.C. � 512(c).
>
> We request a response from you as to your intentions no later than
> Friday, September 21, 2001, at which time we will advise IRI of its next
> course of action against the proprietor of the web site and any persons
> or entities knowingly facilitating this infringement.
>
> The information in this notification is accurate and I attest, under
> penalty of perjury, that I am authorized to act on behalf of IRI, the
> owner with exclusive rights to the aforesaid work.
>
>
> Sincerely,
>
> KIRTON & McCONKIE
>
> /s/ Stephen H. Bean
>
> Stephen H. Bean, Esq.
> Kirton & McConkie
> 1800 Eagle Gate Tower
> 60 East South Temple
> Salt Lake City, Utah 84145-0120
> (801) 323-5941 direct
> (801) 328-3600 main
> (801) 321-4893 fax

Date: Wed, 19 Sep 2001 14:08:55 -0600

From: Verio Legal Department <legal4[at]verio.net>
To: John Young <jya[at]pipeline.com>
Subject: Re: cryptome.org - Notification of DMCA Copyright Infringement

Thank you for your prompt response.

John Young wrote:

> Dear Legal Department,

>
> The file, http://cryptome.org/homormon.htm, has
> been removed.
>
> Regards,
>
> John Young
> Cryptome

Date: Tue, 30 Oct 2001 13:54:10 -0700

From: Verio Legal Department <legal4[at]verio.net>
To: jya[at]pipeline.com
Subject: [Re: cryptome.org - Notification of DMCA Copyright Infringement]

Dear Mr. Young,

This letter is to inform you that we have received another notification

under the Digital Millennium Copyright Act (DMCA) regarding copyright
infringement on your site (see below). We request that you remove the
infringing URL, www.cryptome.org/homormon.htm, by October 31, 2001, or
we will be required by the DMCA to disable your entire site,

http://www.cryptome.org.

Also, please be informed that accounts of repeat infringers will be

terminated pursuant to our Acceptable Use Policy. You may review this

policy on the verio.com site.

Please confirm via email.

Sincerely,
Legal Department
VERIO Inc.

-------- Original Message --------

Subject: Fwd: Re: cryptome.org - Notification of DMCA
CopyrightInfringement
Date: Tue, 30 Oct 2001 12:53:22 -0700
From: "Stephen Bean" <SBean[at]kmclaw.com>
To: <legal4[at]verio.net>

Ms. Thompson,

Following our telephone conversation earlier today, I am sending you

this second notice that copyright infringement is again occurring at the
web page www.cryptome.org/homormon.htm. We ask for your immediate
assistance in removing - for a second time - the copyrighted material
from the above web page.

Also, it might be advisable to inform your contact for this web page
that we have evidence that the same individual is repeatedly trying to
disseminate this copyrighted material without authorization from the
copyright owner. This is the *fifth* time we have had to take action
over this material.

Please call me if you would like to discuss these issues further.

Yours truly,

Steve Bean

Stephen H. Bean, Esq.

Kirton & McConkie
1800 Eagle Gate Tower
60 East South Temple
Salt Lake City, Utah 84145-0120
(801) 323-5941 direct
(801) 328-3600 main
(801) 321-4893 faxDate: Fri, 21 Sep 2001 11:18:39 -0600
From: "Stephen Bean" <SBean[at]kmclaw.com>
To: <legal4[at]verio.net>
Subject: Re: cryptome.org - Notification of DMCA Copyright Infringement
Mime-Version: 1.0
Content-Type: text/plain; charset=ISO-8859-1
Content-Disposition: inline

Dear Ms. Thompson,

I just checked the Internet and it appears that the offending web page
has been disabled. Thank you for your professional and timely
assistance in this matter.

Steve Bean

>>> Verio Legal Department <legal4[at]verio.net> 09/19/01 01:49PM >>>

Dear Mr. Bean,
We have notified the customer to remove the infringing materials from
their site by Thursday, September 20, 2001. Please verify that the
infringing materials were removed on Friday, September 21, 2001 and
confirm via email.

Sincerely,
Legal Department
VERIO Inc.

Date: Tue, 30 Oct 2001 14:25:40 -0700

From: Verio Legal Department <legal4[at]verio.net>
To: John Young <jya[at]pipeline.com>
Subject: [Re: cryptome.org - Notification of DMCA CopyrightInfringement]

Dear Mr. Young,

Thank you for your cooperation.

Sincerely,
Legal Department
VERIO Inc.
-------------------
John Young wrote:

> Dear Legal Department,

>
> I apologize for the homormon document reappearing inadvertently
> after we had removed it after your first notification. We have
> recently moved our site to a new Verio service and transferred
> a back-up archive which contained the document. It was not our
> intention to violate your previous notice.
>
> The document has been removed, permanently, I hope.
>
> I acknowledge your warning about site shutdown for violation
> of use policy and will do my best to keep within our agreement
> as Verio has done so exceptionally.
>
> Regards,
>
> John Young

Subject: URGENT NOTICE RE: Freddie Scappaticci - Court Injunction

Date: Mon, 10 Jul 2006 12:21:27 -0400
From: "Danna L. Thompson" <dlthompson[at]verio.net>
To: "John Young" <jya[at]pipeline.com>

ATTN: John Young, Cryptome - please confirm via email

We are in receipt of a Court Injunction issued by the High Court in

Northern Ireland, dated June 29, 2006. We appreciate your compliance
and immediate cooperation by removing the message post from your site
containing personal information located at URL,
http://cryptome.org/scappaticci-mod.htm.
Sincerely,
Legal Department
Verio Inc., an NTT Communications Company

From: "Danna Thompson" <dlthompson[at]verio.net>

To: "'John Young'" <jya[at]pipeline.com>
Subject: cryptome.org - Notification of DMCA Copyright Infringement
Date: Thu, 17 Mar 2005 09:55:18 -0700

Dear Mr. Young,

We received notification of copyright infringement pursuant to the Digital

Millennium Copyright Act (DMCA) regarding your site, www.cryptome.org.
Please remove the alleged infringing materials, or we will be required by
the DMCA to disable access.

Please understand that Verio is not in the position of determining who is

correct in such disputes. Once we receive a letter that complies with the

Digital Millennium Copyright Act (DMCA), we must proceed in accordance of

the requirements of the DMCA or we both may be held liable. Therefore, we
have no other choice and must disable access to the site unless the alleged
infringing materials have been removed.

If you feel that the complainant has made a mistake you may send us a
counter notification via fax to 303-708-2445. If we receive a counter
notification that complies with the DMCA, we will allow you to repost the
materials in 10-14 business days from the date of receipt of the counter
notification, unless we receive notice that the complainant has filed a law
suit against you. You may also wish to consult an attorney regarding this
matter.

To read the DMCA, please see the link to the Act on

http://lcweb.loc.gov/copyright/onlinesp/

We appreciate your assistance in resolving this matter.

Sincerely,
Legal Department
VERIO Inc.

-----Original Message-----

Dear VERIO,

In the original email SIIA sent, SIIA did include all of the elements as
required by the DMCA. They are as follows:

1)Thank you in advance for your cooperation.

Sincerely,

Sean P Myers
Manager, Internet Anti-Piracy
Software & Information Industry Association 1090 Vermont Avenue, NW Sixth
Floor Washington, DC
20005
P(202) 789-4477
F(202) 289-7097

To Report Piracy -
1-800-388-7478

2 & 3) We recently became aware that some of our member's material is being
made available at http://www.cryptome.org/wolff1.html on your Internet
service in violation of Federal copyright law, Title 17 of the United States
Code.
Specifically, Michael Wolff's Information Industry Summit Keynote Address,
which is owned by Michael Wolff is being distributed or offered for
distribution without proper licenses and/or authorization from our member
within Verio, Inc.'s pages. These works are copyrighted works owned by the
member above. Federal copyright law provides substantial protection against
the unauthorized copying and distribution of copyrighted works. Anyone who
copies or distributes these works without authorization of the copyright
owner may be subjected to the remedies provided under the copyright law.

4) Sean P Myers

Manager, Internet Anti-Piracy

Software & Information Industry Association 1090 Vermont Avenue, NW Sixth
Floor Washington, DC
20005
P(202) 789-4477
F(202) 289-7097

To Report Piracy -
1-800-388-7478

5) SPA has a good faith belief that the infringing activity described above
is taking place at the address above and that the information represented is
accurate. Please remove the infringing materials immediately. Failure to
remove the infringing material described above could subject your Internet
service to liability for the material.

6) Pursuant to section 512 of Title 17 of the United States Code, I am

writing to formally notify you, as the designated agent of Verio, Inc., of
violations occurring on Verio's systems or networks and, in compliance with
section 512(c)(3) of Title 17, requesting that you take immediate action to
expeditiously remove, or disable access to the infringing material. Under
penalty of perjury, SPA has the authority to act on behalf of its members.

Please remove the aforementioned material as soon as possible. We

originally notified your company of the infringement pursuant to the DMCA on
March 1, 2005 and would appreciate your expeditious handling of this matter.

Regards,

Sean P Myers
Manager, Internet Anti-Piracy
Software & Information Industry Association 1090 Vermont Avenue, NW Sixth
Floor Washington, DC
20005
smyers[at]siia.net

P(202) 789-4477
F(202) 289-7097

To Report Piracy -
1-800-388-7478
-----Original Message-----
From: John Young [mailto:jya[at]pipeline.com]
Sent: Tuesday, March 08, 2005 8:53 PM
To: legal4
Subject: Re: FW: Notice of Infringement

Dear Verio,

We have received your forward of the email from Sean Myers which alleges
copyright violation of a file on Cryptome. Would it be possible for Sean
Myers to provide evidence that the material is owned by Michael Wolff as
alleged, with proof of copyright registration?

With that evidence it will be possible to consider removal of the file,

otherwise we are unable to accept Sean Myer's word for such claims -- which
are often made on the Internet these days through threatening e-mails
without proof of all too glib DMCA allegations.

Indeed, such claims have become abusively pervasive and unjustly interfere
with legitimate publication of information of interest in the sordid world
of copyright, braggardy and media hustle -- admirably exemplified in the
Michael Wolff performance.

As you know Cryptome frequently hosts controversial material and is

periodically DMCA-threatened without justification, as so far in this
instance. To resist the standard DMCA bluff and bluster we are obliged to
ask for proof of copyright not a mere assertion in order to not fall prey to
legalistic bombast now widespread on the Internet due to the pernicious DMCA
and its venal proponents, some say, mouthpieces.

Mr. Wolff's mouthpiece has been widely admired and ridiculed, and thus
presents a bonafide topic of discussion thanks to the thousands of copies
around the net, including one in the Google cache.

Thanks very much for your past support for freedom of information on
Cryptome and we very much appreciate Verio's fairmindedness hosting of
controversial material according to its use policy.

Regards,

John Young

At 05:19 PM 3/8/2005 -0700, you wrote:

>ATTN: JOHN YOUNG, please confirm via email
>
>We are in receipt of the following notification alleging DMCA copyright
>infringement.
>
>-----Original Message-----
>From: Sean Myers [mailto:smyers[at]siia.net]
>Sent: Tuesday, March 01, 2005 10:42 AM
>To: copyright[at]verio.net
>Subject: Notice of Infringement
>Importance: High
>
>3/1/2005
>

>VIA EMAIL
>
>Verio, Inc.
>8005 South Chester Street, Suite 200
>Englewood, Colorado 80112
>USA
>303-708-2445
>
>RE: Copyright Infringement

>
>Dear Verio, Inc.:
>
>I am writing on behalf of the Software Publishers Association ("SPA"),
>a division of the Software & Information Industry Association, the
>principal trade group for the code and content industries with about 600
members.
>SPA's member software and content publishers look to it to help protect
>their intellectual property rights and to stop the unauthorized copying
>and distribution of their copyrighted products.
>
>We recently became aware that some of our member's material is being
>made available at http://www.cryptome.org/wolff1.html on your Internet
>service in violation of Federal copyright law, Title 17 of the United
States Code.
>Specifically, Michael Wolff's Information Industry Summit Keynote
>Address, which is owned by Michael Wolff is being distributed or
>offered for distribution without proper licenses and/or authorization
>from our member within Verio, Inc.'s pages. These works are
>copyrighted works owned by the member above. Federal copyright law
>provides substantial protection against the unauthorized copying and
>distribution of copyrighted works. Anyone who copies or distributes
>these works without authorization of the copyright owner may be subjected
to the remedies provided under the copyright law.
>
>Section 504 of the Copyright Act (17 U.S.C. �504), allows a copyright
>owner to recover monetary damages from the direct infringer and, under
>theories of contributory infringement and vicarious liability, from the
>indirect infringer. These damages are measured either by: (1) its
>actual damages plus any additional profits of the infringer
>attributable to the infringement, or (2) statutory damages, of up to
>$150,000 for each copyrighted work infringed in the case of willful
>infringement. The copyright owner also has the right to permanently
>enjoin an infringer under section 502 of the Copyright Act from
>engaging in further infringing activities and may be awarded costs and
attorneys' fees under Section 505.
>
>The Digital Millennium Copyright Act (DMCA), 17 U.S.C. �512,
>establishes a "notice-and-take-down" mechanism which immunizes ISPs
>from copyright infringement liability when the ISP aides copyright
>owners and their agents in removing infringing materials from the
>Internet upon receipt of notification by copyright owners or their
>agents of infringements taking place over their systems or networks.
>
>Pursuant to section 512 of Title 17 of the United States Code, I am
>writing to formally notify you, as the designated agent of Verio, Inc.,
>of violations occurring on Verio's systems or networks and, in
>compliance with

>section 512(c)(3) of Title 17, requesting that you take immediate

>action to expeditiously remove, or disable access to the infringing
>material. Under penalty of perjury, SPA has the authority to act on behalf
of its members.
>SPA has a good faith belief that the infringing activity described
>above is taking place at the address above and that the information

>represented is accurate. Please remove the infringing materials

>immediately. Failure to remove the infringing material described above
>could subject your Internet service to liability for the material.
>
>Please provide us with your written assurances by 3/15/05 that you
>complied with our request and removed the infringing material. We
>trust that this matter can be resolved amicably and that both parties
>can be spared the expense and inconvenience of litigation. Please
>contact me if you have any questions or want to discuss this matter.
>
>Thank you in advance for your cooperation.
>
>Sincerely,
>
>Sean P Myers
>
>
>Manager, Internet Anti-Piracy
>Software & Information Industry Association 1090 Vermont Avenue, NW
>Sixth Floor Washington, DC
>20005
>P(202) 789-4477
>F(202) 289-7097
>
>To Report Piracy -
>1-800-388-7478
>

From: "Danna Thompson" <dlthompson[at]verio.net>

To: "'John Young'" <jya[at]pipeline.com>
Subject: FW: [AB-C2212406L] cryptome.org
Date: Mon, 21 Mar 2005 23:43:32 -0700

ATTN: John Young, Cryptome - please confirm receipt via email

We are in receipt of the following complaint.

==== Forwarded Ticket ====

From: "Covert User" <covertuser[at]hotmail.com>

To: abuse[at]verio.net, support[at]verio.net
Subject: cryptome.org
Date: Thu, 10 Mar 2005 06:07:34 +0000

A site your company hosts is a threat to national security as well as a

threat to our public servants. The site www.cryptome.org should be removed
from your servers. This is not a freedom of speech issue when it jeopardizes
the lives of citizens of this country, like law enforcement officers,
soldiers, politicians, and private citizens like yourselves.
P.W.

From: wgleicher[at]verio.net
To: jya[at]PIPELINE.COM
Subject: jya.com
Date:Wed, 28 Feb 2007 09:18:01 -0500 (EST)

Hello John,

I just wanted to check in with you regarding your current Verio Web
Hosting plan.

Should you have any specific needs or concerns, please reply to this
email with any questions or comments that you may have, and I will be
happy to address them.

I am available to assist if you wish to set up additional services, such as:

- Web Hosting Plans [UNIX & Windows 2003),
- Adding Ecommerce to your plan
- PC Back Up (Automatic, Secure and Remote backup for your Computer)
- Website Marketing & Site Promotion,
- Professional Web Design or DBA

Sincerely,
Warren Gleicher
Senior Account Manager
Web Consultant
VERIO / NTT Corp
( Japan based Nippon Telegraph and Telephone ) .
A Global Fortune 16 Company
Internet Business Developer
Toll Free: 877.273.3190
Ext.8524
Intl: +011 (561) 999-8599 Ext.8524
Boca Raton, Florida
Hrs 8:30 AM to 4:30 PM EST