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Re: libelous action



On Wed, 28 Aug 1996, James C. Sewell wrote:

> At 02:57 AM 8/27/96 -0400, Black Unicorn wrote:
> 
> >I would remind you that each and every sale you make of this product, when
> 
> >based on material misrepresentation, constitutes a fraud.  If made by
> 
> >wire, as these sales seem they may, they represent wire fraud.  That's one
> 
> >count of fraud and one count of wire fraud.  If a check is sent to you via
> 
> >mail, that's a count of mail fraud to boot.
> 
> >
> 
> 
>  Wow, imagine what would happen if a bunch of "in-the-know" folks bought
> 
> a product like this under the claims to strong crypto and then found out 
> 
> they were fooled!  With charges like these a guy could get into real trouble.
> 
> 
>  I sure hope Mr. Holt isn't personally accountable.  He sounds like a
> 
> real swell guy.  It would be a shame for him to go to prison for what is
> 
> obviously his misunderstanding of what is cryptographically strong and 
> 
> what is a pitiful excuse for a product.

This would depend on whether Mr. Holt had made a reasonable assessment of
the claims made by the author of the product before claiming that the
product was exceptional or "unbreakable."

I might note that the FTC is showing increased interest in cryptography
products and the claims of their marketers.

> 
> 
>   Of course I've never seen his product so I don't know which category it 
> 
> falls into, but it would be a shame.
> 
> 
> Disclaimer:  I may or may not be serious.  I have made no direct claims
> 
>              so whose to say what my intentions are in posting this ;\)
> 
> 
> 
> 
>   Jim Sewell - Programmer               Tantalus Inc.
> 
>      [email protected]               Key West, FL  33040
> 
>   Amateur Radio:  KD4CKQ            801 Eisenhower Drive
> 
>   Compu$erve: 71061,1027         Multi-player computer games
> 
> 
> 

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