From: John Doe (jdoe[at]attrition.org)
To: Tennell Lockett (tennell.lockett@townsendlockett.com)
Cc: Travis Townsend (travis.townsend@townsendlockett.com), 
    Job Milfort (job.milfort@townsendlockett.com), 
    legal[at]attrition.org
Date: Fri, 25 Feb 2011 04:22:16 -0600 (CST)
Subject: Re: Notice


Mr. Lockett;

On Thu, 24 Feb 2011, Tennell Lockett wrote:

: YOU ARE HEREBY NOTICED that a hearing has been set for Monday, February 

Who exactly is "you"? This e-mail was originally sent to an address that 
has no clearly identifiable name (e.g., John Doe), did not include a name 
or web site name (e.g., attrition.org) and made no effort to identify the 
person(s) it was directed to.

Since this e-mail was sent to the Network Solution public anonymous 
address affiliated with the attrition.org domain registry, it is clear 
that you are directing it to the owners, operators and/or webmasters of 
the attrition.org web site. That said, it is clear that you have a good 
idea of who you intended this to reach. As such, your filing of Evans et 
al v. John Does 1-8 in the Georgia Northern District Court (Case# 
1:2011cv00458) does not seem to be a good faith effort. You can clearly 
provide some form of identifying information about at least one of the 
eight John Doe defendants.

: 28, 2011 on LIGATT Security International, Inc.'s, Gregory D. Evans' and 
: Spoofem.com USA, Inc.'s. ("LIGATT") Motion for Temporary Restraining 
: Order concerning the unauthorized use, access, display and 
: misappropriation of LIGATT's confidential, proprietary, private and 
: trade secret information and related matters.  

Since you specifically mailed this to a party related to attrition.org, 
and since it is public knowledge that attrition.org maintains a web page 
devoted to your client, Gregory D. Evans [1], it is curious why you did 
not attempt to contact us directly regarding the "confidential, 
proprietary, private and trade secret information" we have allegedly 
published.

To date, neither Mr. Evans, nor any of his current or previous attorneys, 
including (but not limited to) John Moore / The Moore Law Group, The Perry 
Law Group LLC, The Bell Firm LLC, David M. Walker, Shaka M. Shedeke, 
Alston & Bird LLC or Townsend Lockett & Milfort LLC have contacted 
attrition.org asking for material to be removed. This is a clear lack of 
good faith effort on the part of Mr. Evans to amicably resolve the matter 
without involving a court.

Even in this mail, you do not clearly identify the material that you 
believe is being used in an unauthorized manner.

: Such hearing is to be had at the United States District Court for the 
: Northern District of Georgia- Atlanta Division (Richard B. Russell 
: Federal Building and Courthouse, 75 Spring Street, SW, Atlanta, GA 
: 30303-3361) before Judge William S. Duffey (jbd) in Courtroom 1705, 
: commencing at 10:00 a.m. EST.  

Would it have strained you, or cost your client too much, to include more 
information such as the current filing information? Let me help you:

http://dockets.justia.com/docket/georgia/gandce/1:2011cv00458/172890/

: As we believe that you are a John Doe and/or may have an interest in 

Once again, I must ask who "you" is. Your e-mail did not include any 
identifying information in the 'To' header, as you utilized a 'Bcc' (Blind 
Carbon Copy) to send this notice, presumably to eight parties.

: this matter, we are providing you this NOTICE pursuant to the Court's 
: direction.  

You filed this case on 2/15/2011 under seal. You then wait ten days to 
notify us that we MAY be a John Doe in this case, on the afternoon of 
2/25/2011 (Thursday), indicating that the hearing is in Atlanta, Georgia 
on 2/28/2011 (Monday). Once again, this does not seem to be a good faith 
effort in notifying a suspected plaintiff of the case. This gives 
attrition.org exactly one business day to either secure travel to 
represent ourselves pro-se, or to find counsel in Georgia to represent us.

We believe that this was done intentionally, so as to help ensure that at 
least one of the suspected John Doe defendants could not appear to contest 
your claims. In short, this is unethical and discouraging behavior for a 
lawyer in good standing with the Georgia Bar association.

: You are advised that you may have an attorney present at this hearing 
: and may contact attorney for Plaintiffs in this matter at the 
: information provided below if you so desire.

Oh yes, we desire.

While no member of attrition.org is a lawyer, we do believe we have a fair 
amount of common sense. For the benefit of ourselves, our readers and 
hopefully you, we'd like to take this opportunity to offer two simple 
observations:

1. This case is being filed as Cause: 18:1030 Violation of Computer Fraud 
and Abuse Act. Mr. Evans has repeatedly claimed his company is an expert 
in computer forensics. That is, the art of examining computer systems to 
obtain information that can be used as evidence, with the purpose of 
tracking down and/or prosecuting the person(s) who violated the Computer 
Fraud and Abuse Act (i.e., broke into the computer or network). As an 
alleged expert, Mr. Evans should be able to confirm that there is 
absolutely no evidence that ties any such activity to attrition.org. We 
know this, because no member of the attrition.org staff had anything to do 
with the "attempted" [2] compromise of LIGATT Security.

2. The desire to get a TRO against a party in what is alleged to be an 
18:1030 criminal action is curious. Seeking a TRO over the dissemination 
of published information sounds more like a civil matter. Your e-mail says 
the TRO is "concerning the unauthorized use, access, display and 
misappropriation of LIGATT's confidential, proprietary, private and trade 
secret information and related matters." We assume you refer to the 
e-mails belonging to Gregory D. Evans that were leaked roughly three weeks 
ago [3].

Those e-mails were allegedly published by or assisted by an insider at 
LIGATT Security International [4]. Even if this was a ruse by an external 
attacker, and the e-mails were the fruits of criminal activity, they have 
already been published. Not only was the entire e-mail archive distributed 
in the form of a Torrent file [5], hundreds of e-mails were published on 
public web sites (e.g., pastebin.com).

As I am sure you are aware, in the case of Bartnicki v. Hopper (99-1687) 
[6], the Supreme Court "in a 6-3 decision, ruled in favor of Vopper 
holding the First Amendment does protect speech that discloses the 
contents of an illegally intercepted communication." [7] As a group of 
journalists, attrition.org has republished two e-mails [8] that were 
already published as a result of the leak, and linked to / referenced 
dozens more that were published on external sites (i.e., not on 
attrition.org). In keeping with the Supreme Court, we feel that their 
conclusion [6] adequately reflects that we have not broken any law or 
committed any civil offense:

   "We think it clear that parallel reasoning requires the conclusion that 
    a stranger's illegal conduct does not suffice to remove the First 
    Amendment shield from speech about a matter of public concern."

In conclusion, we find that your e-mail is not professional, does not 
identify who it was intended for and was not sent in good faith. All of 
this can be brought up at the hearing on Monday I believe. Given Mr. 
Evans' history of legal cases, most notably LIGATT Security International 
v. John Doe et al [9], we feel confident the court will not rule in his 
favor, just as the last court did not.

Should we make the trip to Atlanta to attend this hearing, we sincerely 
hope we run into Mr. Evans' previous lawyer, John Moore, so we can offer 
our condolences on his recent bankruptcy filing of US$1.4 million 
(10-94527-pwb, Northern District of Georgia), after performing work for 
Mr. Evans on a pro-bono basis, in trade for LGTT.pk stock and lending Mr. 
Evans money. Similarly, we offer our condolences to you Mr. Lockett, for 
any hardship suffered by Townsend Lockett & Milfort after representing Mr. 
Evans, given his documented history of non-payment for professional 
obligations; Harris Publications Inc. v Gregory Evans / LIGATT 
(11-C-00222-S3), Olympus Media LLC v LIGATT (10-M-42041 / 10-M-42147), JRS 
Corp. v LIGATT [10], Twin Equities, LLC v LIGATT (2009-CA-019234-O), 
United States of America v Gregory D. Evans (2:98-cr-01154-DT) and MCI 
Telecomm v Gregory Evans (2:98-cr-03900-DT-E). These cases and other 
outstanding financial obligations represent over US$11 million [11] in
debt.

: ______________________________________________________ NOTICE: This 
: e-mail message and all attachments transmitted with it may contain 
: legally privileged and confidential information intended solely for the 
: use of the addressee.  If the reader of this message is not the intended 
: recipient, you are hereby notified that any reading, dissemination, 
: distribution, copying, or other use of this message or its attachments 
: is strictly prohibited. If you have received this message in error, 
: please notify the sender immediately by telephone (404-870-8501) or by 
: electronic mail (  
: info@townsendlockett.com), and delete this message and all copies and 
: backups thereof. Thank you.

Adding an ex parte binding agreement at the end of the e-mail is an 
interesting legal tactic. We'd like to include our own:


NOTICE: This e-mail message and all attachments transmitted with it may 
contain legally privileged and confidentail information, that will be 
published in their entirety. If the reader of this message is a lawyer 
representing Gregory D. Evans or LIGATT Security International, you are 
hereby notified that you must drop all legal action against John Doe, 
attrition.org and any other party involved in the aforementioned case 
(1:2011cv00458). If you have received this message in error, simply delete 
it and move on with your life. If you wish to be a good citizen, feel free 
to contact this arbitrary phone number and let them know, or ask about
Mr. Evans. (404) 679-9000 

Jonathan M. Doe
attrition.org Honorary Staff Member



[1] http://attrition.org/errata/charlatan/gregory_evans/
[2] http://www.earthtimes.org/articles/press/board-ligatt-security-international,1650089.html
[3] http://www.thetechherald.com/article.php/201105/6775/Ligatt-Security-breached-company-emails-hijacked-and-sent-to-public
[4] http://seclists.org/fulldisclosure/2011/Feb/16
[5] http://en.wikipedia.org/wiki/Torrent_file
[6] http://www.law.cornell.edu/supct/html/99-1687.ZO.html
[7] http://www.splc.org/knowyourrights/legalresearch.asp?id=82
[8] http://attrition.org/errata/charlatan/gregory_evans/evans23.html
    http://attrition.org/errata/charlatan/gregory_evans/evans25.html
[9] http://www.gwinnettcourts.com/#casedetail/case:10-a-06012-5/
[10] http://www.filedump.net/dumped/ligattarbitrationdocs1297396875.pdf
[11] http://attrition.org/errata/charlatan/gregory_evans/evans21.html