[Governance] USA Subpoena for Australian Court

Christian Heinrich christian.heinrich at cmlh.id.au
Wed May 21 14:39:19 UTC 2014


Josh,

Thank you.

If you are unable to produce specific items of the schedule then please
indicate as such but I believe the document can be located with ease due to
the fast searching and indexing capability of Google Apps with minimal time.

Also, while an Australian subpoena itself is not enforceable in the USA I
have received written guarantees from a number of other USA based companies
and people that that they will honour the Australian subpoena with respect
to their local laws.

I will remind OWASP that the items related to Brad Causey and Andre Ludwig
formed the very public
https://www.owasp.org/index.php/OWASP_Inquiries/Google_Hacking_Project and
hence are part of the associated public record.  Furthermore there was an
intent from OWASP to make the confidential conference call recording
available to the public within reason.

I will also be disposing of all documented received once this matter has
reached a ruling in Australia.

Please let me know if there is anything else I can address?




On Thu, May 22, 2014 at 12:18 AM, Josh Sokol <josh.sokol at owasp.org> wrote:

> While I cannot guarantee that OWASP has any of this information you are
> looking for, our intention is to attempt to comply with any official legal
> order.
>
> ~josh
>
>
> On Wed, May 21, 2014 at 9:02 AM, Christian Heinrich <
> christian.heinrich at cmlh.id.au> wrote:
>
>> Sarah and Josh,
>>
>> I have not received any correspondence from Perlman & Perlman LLC yet.
>>
>> I'll assume that OWASP does not have an objection to the reasonable
>> schedule provided below:
>>
>> 1. All information including but not limited to the identity of the
>> source and subsequent scheduling of the conference and/or telephone call
>> and/or e-mail, written correspondence, etc that Andre Ludwig referred to
>> within http://lists.owasp.org/pipermail/owasp-board/2010-June/008481.html
>>
>> 2. All information including but not limited to the identity of the
>> source and subsequent scheduling of the conference and/or telephone call
>> and/or e-mail, written correspondence, etc that Brad Causey referred to
>> within
>> http://lists.owasp.org/pipermail/owasp-board/2010-September/009022.html
>>
>>
>> 3. All information including but not limited to the audio of the
>> recording between Josh Sokol and Chris Gatford and associated electronic
>> correspondence referred within the e-mail that I (Christian Heinrich)
>> received from Josh Sokol dated Thursday, Jan 30, 2014 at 7:55 AM that is
>> reproduced below:
>>
>>
>> *I want to call out a specific section of the OWASP Code of Ethics
>> (https://www.owasp.org/index.php/About_The_Open_Web_Application_Security_Project#Code_of_Ethics
>> <https://www.owasp.org/index.php/About_The_Open_Web_Application_Security_Project#Code_of_Ethics>)
>> that reads: "Treat everyone with respect and dignity".  In order to not
>> serve any bias in my research, I had a call with Christ Gatford last night
>> where he stated that you had a physical altercation with him very recently
>> where you tried to pull down his pants.*
>>
>>
>> 4. All other electronic correspondence to/from the OWASP Foundation and
>> Chris Gatford regarding Christian Heinrich from 27 February 2008 onwards
>>
>> I will seek the court to issue this subpoena tomorrow (Thursday) and I
>> will provide a scanned copy to the OWASP and Perlman & Perlman LLC prior to
>> both faxing and mailing in the post.
>>
>>
>> On Fri, May 16, 2014 at 7:54 AM, Christian Heinrich <
>> christian.heinrich at cmlh.id.au> wrote:
>>
>>> Sarah,
>>>
>>> I have contacted the OWASP Foundation of which you are the Executive
>>> Director as per your "Canned Response" quoted below.  Furthermore, I
>>> have CC the New York Office of Perlman & Perlman LLC as per the
>>> contact information listed at
>>> http://www.perlmanandperlman.com/contact_us.shtml
>>>
>>> Can you please instruct your legal counsel to seek direction of the
>>> service of a USA subpoena under the Hague Convention or other bilateral
>>> agreement with Australia?
>>>
>>> My contact information is listed at http://cmlh.id.au/contact
>>>
>>> ---------- Forwarded message ----------
>>> From: Sarah Baso <sarah.baso+canned.response at owasp.org>
>>> Date: Fri, May 16, 2014 at 12:51 AM
>>> Subject: Re: Fwd: USA Subpoena for Australian Court
>>> To: christian.heinrich at cmlh.id.au
>>>
>>>
>>> Please direct all legal inquiries and requests to:
>>>
>>>
>>> OWASP Foundation
>>>
>>> 1200-C Agora Drive, #232
>>>
>>> Bel Air, MD 21014
>>>
>>> USA
>>>
>>>
>>> or directly to our retained counsel:
>>>
>>> Perlman & Perlman LLC
>>>
>>> 41 Madison Avenue
>>>
>>> New York, NY 10010
>>>
>>> USA
>>>
>>> Regards,
>>>
>>> Sarah Baso
>>> Executive Director
>>> OWASP Foundation
>>>
>>> sarah.baso at owasp.org
>>> +1.312.869.2779
>>>
>>
>>
>>
>> --
>> Regards,
>> Christian Heinrich
>>
>> http://cmlh.id.au/contact
>>
>
>


-- 
Regards,
Christian Heinrich

http://cmlh.id.au/contact
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