[Governance] USA Subpoena for Australian Court

Josh Sokol josh.sokol at owasp.org
Wed May 21 14:46:06 UTC 2014


Thanks for the information Christian.  Once we receive the subpoena, we
will involve legal counsel and act on it as bound by law.

~josh


On Wed, May 21, 2014 at 9:39 AM, Christian Heinrich <
christian.heinrich at cmlh.id.au> wrote:

> 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_Projectand 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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