Xtra may use court to get off blacklist

By MICHAEL FOREMAN

New Zealand's largest internet service provider, Xtra, may resort to legal action to force its removal from a blacklist of alleged sources of "spam," or internet junk mail.

Xtra has been blacklisted by the Open Relay Behavioural Modification System (ORBS) database since last November.

The database, which is run by Alan Brown, owner of Palmerston North company Manawatu Internet Services, is widely used by overseas ISPs to selectively block incoming e-mails from suspect servers.

According to Mr Brown, six Xtra e-mail servers were originally included on the ORBS database after they had been identified as "open relays" that could be used to redirect spam e-mails.

The block had since been extended to Xtra's entire internet protocol (IP) address range after "disconnection and legal threats" by Xtra.

A check on the status of an Xtra mail server at the ORBS website yesterday returned the message: "Direct spam source. Hitting ORBS traps, attacks on ORBS, cartooney threats from chris.thompson@team.xtra.co.nz (November 3, 2000)."

Mr Brown said the block was necessary to ensure that Xtra improved its "good neighbour policy."

"A porn junk-mailer could use a Hotmail account to send a spam message to 50,000 to 100,000 addresses a day through one open relay alone," he said.

Mr Brown had no way of knowing how many e-mails from Xtra customers were being blocked, but he said that more than 300 companies had signed distribution agreements with ORBS, including some of the largest ISPs in Europe and North America.

He estimated that between 400,000 and 500,000 mail servers were using the ORBS database.

However, Xtra marketing manager Chris Thompson denied that his company was a source of spam.

"Xtra definitively does not run open servers," he said.

Mr Thompson believed the real reason why Xtra had been blocked was because it refused to supply bandwidth to Mr Brown's company last November.

Xtra was trying to limit the damage to its customers by contacting ORBS subscribers and asking them to stop blocking e-mails from Xtra, said Mr Thompson.

"So far the majority have agreed."

He said Xtra had approached Mr Brown in order to be removed from the blacklist - so far without success.

"If we are unable to resolve the issue through discussion then we would consider legal action."

But Mr Brown said Xtra would only be removed from the database if it tightened its security.

"They have requested that Xtra be removed, but they have not offered to clear up the problem."

Mr Brown doubted that legal action by Xtra would be successful.

"What [Xtra] doesn't seem to understand is that the internet is a cooperative of privately owned networks.

"No one has the right to send e-mail anywhere. It is a privilege that is granted by the owners of those networks."

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