We received notice earlier today, that "we" (used loosely, see below) are being included in Gregory D. Evans' latest lawsuit. From what we understand, Tennell Lockett, recently departed from Alston & Bird LLP, has moved to Townsend, Lockett & Milfort LLC, and is now representing Evans in "Gregory D. Evans, Ligatt Security International, Inc. and Spoofem.Com USA, Inc. v John Does 1-8" (1:2011cv00458). This is a filing in the Georgia Northern District Court and appears to center around the allegedly criminal activity that led to Evans' e-mails to being disclosed publicly, the original publishing of said e-mails and/or the re-publishing of said e-mails by various third parties.
Below is the notice sent to the privacy e-mail address maintained by Network Solutions for attrition.org, along with our reply. In addition, we have a copy of the current court docket with available motions and attachments. Further, LIGATTLEAKS received the same notice and offered their own reply.
From: Tennell Lockett (firstname.lastname@example.org) To: Tennell Lockett (email@example.com) Date: Thu, 24 Feb 2011 14:12:52 -0500 Subject: Notice YOU ARE HEREBY NOTICED that a hearing has been set for Monday, February 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. 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. As we believe that you are a John Doe and/or may have an interest in this matter, we are providing you this NOTICE pursuant to the Court's direction. 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. D. Tennell Lockett, Esq. TOWNSEND LOCKETT & MILFORT, LLC 1401 Peachtree Street Suite 500 Atlanta, GA 30309 (404) 870-8506 (direct dial) (404) 870-8502 (facsimile) firstname.lastname@example.org ******************************************************* IRS Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS and other taxing authorities, we inform you that any tax advice contained in this communication (including any attachments) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties that may be imposed on any taxpayer or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. ______________________________________________________ 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 (
email@example.com), and delete this message and all copies and backups thereof. Thank you.
From: John Doe (jdoe[at]attrition.org) To: Tennell Lockett (firstname.lastname@example.org) Cc: Travis Townsend (email@example.com), Job Milfort (firstname.lastname@example.org), 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 , 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"  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 . Those e-mails were allegedly published by or assisted by an insider at LIGATT Security International . 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 , 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) , 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."  As a group of journalists, attrition.org has republished two e-mails  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  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 , 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 , 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  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 (
: email@example.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  http://attrition.org/errata/charlatan/gregory_evans/  http://www.earthtimes.org/articles/press/board-ligatt-security-international,1650089.html  http://www.thetechherald.com/article.php/201105/6775/Ligatt-Security-breached-company-emails-hijacked-and-sent-to-public  http://seclists.org/fulldisclosure/2011/Feb/16  http://en.wikipedia.org/wiki/Torrent_file  http://www.law.cornell.edu/supct/html/99-1687.ZO.html  http://www.splc.org/knowyourrights/legalresearch.asp?id=82  http://attrition.org/errata/charlatan/gregory_evans/evans23.html http://attrition.org/errata/charlatan/gregory_evans/evans25.html  http://www.gwinnettcourts.com/#casedetail/case:10-a-06012-5/  http://www.filedump.net/dumped/ligattarbitrationdocs1297396875.pdf  http://attrition.org/errata/charlatan/gregory_evans/evans21.html