Max D Spilka & Traffic Power Cease and Desist Letter

Jul 27th

A while back I got a cease and desist letter from Traffic Power, citing an obscure federal law about hacking information systems which seemed less than relevant to my websites.

The only way I could have complied with it is if I shut my site down and gave them contact information of everyone I have ever contacted. Since it was impossible to comply without destroying my business model and potentially getting my friends and customers spammed or cold called I asked a friend about the situation.

A well known friend (I am not sure if he wants to be identified, but he knows who he is and to him I say thanks) asked them some questions, like why there were no specifics in the letter, etc. and Traffic Power backed down from their cease and desist position.

I have been told that other people recently got similar letters and I am not too pleased with the bully activity. When are these people going to learn? The whole reason I took well to the web is that it allowed me to avoid that sort of crap.

Some other sites have already caved to pressures from Traffic Power, but it is not something I intend on doing anytime soon. A copy of the cease and desist letter which now hangs on my wall is posted in the extended portion of this entry. Max D. Spilka, Chtd.
Attorney at Law
830 West Sahara Avenue, Suite 290
Las Vegas, Nevada 89117
Telephone (702) 933-5400
Fax (702)227-0799

June 10, 2005

(Via Certified Mail #7005 0390 0001 2059 5176 and U.S. Mail)

Aaron Wall
SEO Book.com
144 Dahlia Drive
State College, PA 16803

Re: Software Development and Investment of Nevada dba
Traffic-Power.com ("Traffic Power")

Dear Mr. Wall:
This office represents the above-named Traffic-Power and related
companies. It has come to our attention that on a website you control,
namely www.SEO Book..com, proprietary and confidential information
related to Traffic Power's business has been published. The published
information violates the Electronic Communications Privacy Act, 18
U.S.C. Sections 2510-2521, and is subject to certain contracts between
Traffic-Power and its former and/or current employees. The published
information has been pirated from Traffic Power and you have obtained
the information illegally, all of which you knew or should have known.

You are to cease and desist immediately from the same or any similar
activity. In the event you fail to do so, Traffic Power is prepared to
initiate litigation to obtain an injunction to enforce its rights. In
addition to obtaining an injunction, Traffic Power intends to seek
redress for any legal damages sustained, which damages could exceed
the sum of $1,000,000.00.

Finally, consistant with recent court rulings you may now be obligated
to disclose the source(s) of your information. Accordingly, within ten
(10) days of this letter, you are to do the following:

1. Provide a list of the sources of your information complete with
name, address, and telephone number; and,
2. Remove from www.SEO Book.com website all information relating to
Traffic-Power.

Your failure to do so will result in initiating the aformentioned litigation.

Govern yourself accordingly,

Max D. Spilka

MDS/kd
cc: Traffic-Power

Published: July 27, 2005

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Comments

August 22, 2005 - 12:17pm

Some of these companies make a little money from all sorts of spemming activities and the next thing is bullying, shame on them!!

Yes, I know my words are strong. But what is bad is bad and should be condemned as such.

March 23, 2006 - 9:30pm

These people are saying to make you submit and stand in a corner. i wouldnt budge you have the power of attorney. You have the weapon - a picture of michael jackson with a chimps face on it. That should scare them enough.

March 23, 2006 - 9:49pm

The case may already be over.

Matt Marlon
August 28, 2005 - 9:39am

Call the number for the attorney and verify that they are in fact the sender of the letter. I'm almost willing to be that the attorney is unaware of this. I'm also guessing that the attorney is a TP client.

Anthony Parsons
July 27, 2005 - 3:28am

Yep, I'd tell em to bash it up their arse. Bring on their legal proceedings and lets make them look even sillier.

Lee Odden
July 27, 2005 - 5:04am

Ah, now I know who you were talking about last week - and who gave you advice. He's a good guy isn't he? Good for you.

Andrew
July 27, 2005 - 6:19am

I'm guessing the people ranking #1 for traffic power on Google got a few of these letters ;)

August 29, 2005 - 1:17am

Aaron,
I'm not a specialist in US law, but I've read what is mentioned in the "EFF: Legal Guide for Bloggers": http://www.eff.org/bloggers/lg/faq-230.php
Although they mention there that "section 230" doesn't apply in electronic communications privacy law, ... perhaps still a good argument to build your case.

July 27, 2005 - 10:37am

BS.. they are doing nothing but wasting yours and others time.

It seems more of the Nigerian mail scam, where thousands of spam mails are sent, and they just wait if one out of the thousands fall prey..

July 27, 2005 - 12:23pm

>The whole reason I took well to the web is that it allowed me to avoid that sort of crap.

Yes this C&D nonsense is becoming far too frequent these days. What is more rediculous is that you and I both know that this activity compounds their PR problem in the SERPs.

Take care

Jill
July 27, 2005 - 4:24pm

Have they taken down their defamatory forums yet?

jim h
July 27, 2005 - 6:14pm

good gawd those guys eh? Regardless of their threats, if they are scammers, you have the right to call them on it. They should spend more time learning how to perform hands on services and less time trying to scare folks

July 27, 2005 - 9:37pm

Can you send a C&D to stop companies from sending you C&D's?

Perhaps one from the SEO community a large could send a nice message.

A Reader
August 30, 2005 - 3:13am

what a big prick max spilka is

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