Re: Way off Topic

As an attorney member of the list, I would strongly second the advice not to
try to "get revenge" by seeking to delete the site (unless, of course, you
own the site and your agreement provides that you don't transfer it until
you are paid in full--something to think about for the future).  Depending
on the state or states in which the server that host their information
resides (or arguably even any of the routers that transmit you delete
instructions are located), you could find yourself subject to severe
criminal sanctions in addition to civil liability vastly greater than any
amount of debt they owe you.  Unfair? perhaps, but the courts don't like
self-help except in instances specified by statute.

    In Virginia, for instance, your actions could constitute criminal
computer trespass under Virginia Code Section 18.2-152.4 , computer invasion
of privacy under Virginia Code Section 18.2-152.5 , personal trespass by
computer under Virginia Code Section 18.2-152.7,   theft of computer
services under Virginia Code Section 18.2-152.6 as well as other applicable
provisions of Virginia law.  Most other states either have or are in the
process of enacting somewhat similar statutes.

Virginia just became the first state to enact "UCITA, " a proposed uniform
law supported by the software and technology industry.  That act
specifically sanctions the use of "self help: type remedies for non payment
such as deactivation, but requires strict adherence to the notice and
warning requirements.  That Act becomes effective July 1, 2001.  The
software, licensing, development contract I prepare are already using
Virginia Law as the choice of law to govern the contract and the use of the
law of a state such as Virginia will become the standard (or at least the
initial bargaining position) of most software developers, web site
developers, etc, so that they can take advantage of the certainty of
remedies made available by UCITA.  depending on where you are and where your
clients sites are hosted, you should consult with your counsel about the
specific remedies of your contracts for future work.

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