Cease and Desist Letter - Re: SocalLinux.Org Forum Defamation - July 30, 2009 - Privileged Communication (Civil Code § 47(b))

Sep 16, 2026

Upload by Gelato

Cease and desist correspondence dated July 30, 2009 addresses alleged defamation concerning statements made on the SocalLinux.Org forum about Dan Tentler of AtenLabs. The letter argues the comments are libelous and tortious, characterizing them as false assertions of misconduct and dishonesty, including labeling Tentler a “script kiddie” and implying theft of passwords. It cites California Civil Code provisions defining libel and supporting case law, and explains why the matter is not a public forum. It also directs future communications to counsel for review.

LanguageEnglish

CategoryLetters

FormatPDF

Pages4

Reading Time2 min

AccessFree to download

Cease and Desist Letter

Parties and Representation Notice

Background of the Alleged Conduct

Legal Basis: Libel and Defamatory Statements

Paul Steven Murray Ariel J. Sabban*, APC *Also admitted in Washington, D.C. MURRAY & SABBAN, LLP ATTORNEYS AT LAW Lomas Santa Fe Professional Building 140 Marine View, Suite 116 Solana Beach, California 92075 Telephone (858) 259-8052 Telecopier (858) 259-8055 CEASE AND DESIST LETTER (A Privileged Communication [Civil Code § 47(b)]) July 30, 2009 Via Certified Mail Roger E. Rustad, Jr. 24430 Madeira Way Laguna Niguel, CA 92677 David Kaiser 34 Michigan St. Redlands, CA 92373 RE: SocalLinux.Org Forum Defamation Dear Messrs. Rustad and Kaiser: Please be advised that this office represents Mr. Dan Tentler of AtenLabs. Kindly direct any and all future communications concerning this matter to our attention. Further, if you are represented by counsel then please direct this correspondence to the same for their review and consideration. Background. As you are aware, Mr. Tentler makes his living as a network systems security specialist. (Mr. Tentler’s Profile, Training, and Experience are available for your perusal at [http://www.linkedin.com/in/vissago](http://www.linkedin.com/in/vissago)) In particular, Mr. Tentler does presentations, similar to the one he did for SocalLinux.Org, to companies such as Qualcomm. (Qualcomm presentation video links: Part 1: [http://vimeo.com/2847947](http://vimeo.com/2847947) ; Part 2: [http://vimeo.com/2879833](http://vimeo.com/2879833)) In or about December 2008, Mr. Tentler attended a SocalLinux.Org meeting at a coffee shop. Mr. Tentler expressly mentioned that he was going to do a Man in the Middle (“MITM”) attack and those around him at the time did not object and in some cases grinned with acknowledgement. In fact, Mr. Kaiser made comments during the MITM attack pointing out how it could be thwarted. Significantly, Mr. Rustad showed up an hour late to the meeting and therefore was not even there when Mr. Tentler announced what he was doing and consequently had no factual basis to assail Mr. Tentler’s activities. Apparently, Mr. Tentler during his exhibition was able to capture a password of one of the participants. I am informed that the MITM application that Mr. Tentler was running during his demonstration is commonly available software called “Ettercap.”His demonstration prompted harsh criticisms by the two of you which for the reasons set forth below are tortious in nature. Libel. Libel is a false and unprivileged publication by writing, printing, picture, effigy, or Cease and Desist Letter Re: Socal Linux.Org Forum Defamation July 30, 2009 Page 2 other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation. (Civil Code § 45) These acts by you have also placed Mr. Tentler in a false light. (5 Witkin, Summary of California Law (9th Ed.) , Torts, § 673, pp. 987-988) The defamatory character of language is measured according to the sense and meaning which such language may fairly be presumed to have conveyed to those to whom it was published. (Savage v. Pacific Gas & Electric Co. (1993) 21 Cal.App.4th 434, 447 ) Insinuating that Mr. Tentler did his demonstration for your group—as opposed to the many other groups he has done nearly the same demonstration for (see video links above)—with malevolent intent, that he had “secretly”committed misconduct against members of your group, and further continuously labeling him as a “script kiddie”and that his acts were “tantamount to pick pocketing,”“sophomoric,” that he set out to “steal people’s passwords,”and imputing to Mr. Tentler and implying other acts of dishonesty (regardless of whether they are couched in terms of an opinion or not) are derogatory and false statements of fact. With regard to your branding Mr. Tentler a “script kiddie,”that term is commonly understood in the computer world as: “One who relies on premade exploit programs and files (‘script

FAQs

What does the letter request the recipients to do going forward?

It directs any and all future communications concerning the matter to the office representing Tentler and, if the recipients are represented by counsel, to direct the correspondence to their counsel for review.

Sep 16, 2026

Upload by Gelato