MR. Troll 327 This is your __2nd _______notice to cease and desist
publi****ng, posting or speaking any and all harassment and/or
cyberstalking, and/or obloquy, and/or defamation/slander, and/or
invasion of my privacy, and/or libel directed to me or about me in any
manner, including assisting others to do the same, or perpetrating the
same acts under different names, via USENET, via the Internet, via web
sites, via newsgroups, via Email, via telephone, or by other form of
communication or publi****ng. If you wish to receive this notice via
personal and direct certified mail from my lawyer, please respond with
an address in which this do***ent can be sent to you at
legalcoach@[EMAIL PROTECTED]
It has also come to my attention that you are allegedly using or have
used other internet names to also perpetrate the overt acts against me
as stated above. If applicable, please cease and desist using different
fake names to facilitate and further your smear, cyberstaking and
harassment campaign against me.
2. You have been advised several times before that I consider your
USENET posts referencing me to be a direct communication to me for the
purpose of harassment or cyberstalking or abuse or torment or offense
and/or embarrassment and/or defamation and obloquy.
3. Your posting pattern on USENET about me has been carefully reviewed ,
and it demonstrates a clear and unmistakable deliberate, and obsessive,
deliberate intent to harass and/or stalk and/or libel and/or defame me
in almost every way imaginable.
4. In addition to your obsessive desire to continue to harass, defame,
smear and stalk me with your USENET posts, you also are repeatedly
violating my copyrights. Moreover, your pattern of spitefully violating
my copyrights does not lend itself to any belief you are doing so under
any fair use defense nor doctrine.
5. Please immediately cease and desist infringing on my copyrights. You
are hereby expressly forbidden to reproduce any of my copyrighted
materials without my express permission in writing.
6. Please do not consider this notice as any kind of threat. This notice
is not meant to be a threat of any kind, only an official legal notice
for you to immediately cease and desist the actions previously stated
herein or I will be forced to take appropriate legal action against you
to stop you from perpetrating said acts.
7. Please do not respond to this notice unless you wish to receive it
directly from my lawyer. If you have retained a lawyer please have him
contact me at the legalcoach@[EMAIL PROTECTED]
email address indicated above.
8. Please consider my repeated notices to you to cease and desist the
above as related to the following standard legal provision (4) in
respect to harassment and cyberstalking statutes found in most states,
and recognized by most courts:
4) "In a prosecution for a violation of this section, evidence that the
defendant continued to engage in a course of conduct involving repeated
unconsented contact with the victim after having been requested by the
victim to discontinue the same or a different form of unconsented
contact, and to refrain from any further unconsented contact with the
victim, gives rise to a rebuttable presumption that the continuation of
the course of conduct caused the victim to feel terrorized, frightened,
intimidated, threatened, harassed, or molested."
Douglas Reiman
I have also included some information below as an attachment that you
may or may not find interesting:
Items of possible interest provided as an attachment:
Federal crime cases
Basically, there are two scenarios leading to the filing of a criminal
case in federal court: (1) there is an alleged violation of federal, as
opposed to state, law; or (2) the crime alleged took place on federal
property. Actions which violate both state and federal laws may be
prosecuted in either (or both) jurisdictions without violating the
constitutional prohibition against double jeopardy.
Acts committed on federal property may violate either state or federal
laws as well, although they will always be prosecuted in federal court
by virtue of the fact that they occurred on federal property. If an act
committed on federal property violates state law only, it will be
prosecuted in federal court under the substantive law of the state where
it occurred, although federal rules and procedures will apply.
(Not smart to use Federal Property to unlawfully harass, incite hatred
against or stalk someone - instant Felony.)
"Rep. MCDERMOTT (Wa****ngton State) said he was prompted to act by the
case of Joelle Ligon, a Seattle woman who was sent menacing e-mails,
falsely accused of résumé-padding in messages to co-workers and
impersonated in ***-oriented Internet chat rooms from 1998 to 2003."
Note that Internet chat rooms and falsely impersonating a person in
emails, and being sent menacing emails were ALL mentioned and were
clearly involved in the Congressional intent of the anonymous
cyberstalker legislation and the new cyberstalking law. A USENET post
repeatedly directed toward a particular person is (1) a form of
communication to that person (2) is a communication to that person via a
third party (3) if such publications contain a pattern of defamation and
libel, and false accusations, then that communication represents a
published libel, defamation published though international commerce.
"A scholar who specializes in cyber law says the law could be difficult
to overturn. Susan B"renner, a University of Dayton law professor and a
consultant to the Secret Service on cyber laws, says courts likely would
read "annoy" together with the words that follow it - "abuse, threaten
or harass" - and conclude that the law refers to specific behavior."
In 2004, the U.S. Court of Appeals for the 6th Circuit used that
reasoning to uphold the conviction of Erik Bowker, an Ohio man who had
stalked a Youngstown television re****ter via telephone."
http://tinyurl.com/ypqgbw
Criminal and Civil copyright violations: U.S.C. Title 17.
Oregon Cyberstalking and Harassment Statues: http://tinyurl.com/65nlbe
Michigan Cyberstalking and Harassment stautes:
http://tinyurl.com/5nvo9k
"(4) In a prosecution for a violation of this
section, evidence that the defendant continued to engage in a course of
conduct involving repeated unconsented contact with the victim after
having been requested by the victim to discontinue the same or a
different form of unconsented contact, and to refrain from any further
unconsented contact with the victim, gives rise to a rebuttable
presumption that the continuation of the course of conduct caused the
victim to feel terrorized, frightened, intimidated, threatened,
harassed, or molested.
(5) A criminal penalty provided for under this section may be imposed in
addition to any penalty that may be imposed for any other criminal
offense arising from the same conduct or for any contempt of court
arising from the same conduct."
Hawaii Cyberstalking and Harassment Stautes:
http://tinyurl.com/6o6lz5
"Rpeatedly makes communications, after being
advised by the person to whom the communication is directed that further
communication is unwelcome;"
Texas Cyberstalking and Harassment Statutes:
PENAL CODE
TITLE 9. OFFENSES AGAINST PUBLIC ORDER AND DECENCY
CHAPTER 42. DISORDERLY CONDUCT AND RELATED OFFENSES
Sec.A42.07.AAHARASSMENT.A (a)AAA person commits an offense
if, with intent to harass, annoy, alarm, abuse, torment, or embarrass
another, he:.
"(7)AAsends repeated electronic communications in a manner reasonably
likely to harass, annoy, alarm, abuse, torment, embarrass, or offend
another.
(b)AAIn this section:
(1)AA"Electronic communication" means a transfer of signs, signals,
writing, images, sounds, data, or intelligence of
any nature transmitted in whole or in part by a wire, radio,
electromagnetic, photoelectronic, or photo-optical system."
"In a prosecution for a violation of this section, evidence that the
defendant continued to engage in a course of conduct involving repeated
unconsented contact with the victim after having been requested by the
victim to discontinue the same or a different form of unconsented
contact, and to refrain from any further unconsented contact with the
victim, gives rise to a rebuttable presumption that the continuation of
the course of conduct caused the victim to feel terrorized, frightened,
intimidated, threatened, harassed, or molested."
http://tinyurl.com/5pwl4p
§ 7.02. CRIMINAL RESPONSIBILITY FOR CONDUCT OF
ANOTHER. (a) A person is criminally responsible for an offense committed
by the conduct of another if: (1) acting with the kind of culpability
required for the offense, he causes or aids an innocent or
nonresponsible person to engage in conduct prohibited by the definition
of the offense; (2) acting with intent to promote or assist the
commission of the offense, he solicits, encourages, directs, aids, or
attempts to aid the other person to commit the offense; or (3) having a
legal duty to prevent commission of the offense and acting with intent
to promote or assist its commission, he fails to make a reasonable
effort to prevent commission of the offense. (b) If, in the attempt to
carry out a conspiracy to commit one felony, another felony is committed
by one of the conspirators, all conspirators are guilty of the felony
actually committed, though having no intent to commit it, if the offense
was committed in furtherance of the unlawful purpose and was one that
should have been anticipated as a result of the carrying out of the
conspiracy.
California Stalking:
http://tinyurl.com/5tlf28
Wa****ngton State: Cyberstalking:
http://tinyurl.com/2mvyo2
"1) A person is guilty of cyberstalking if he
or she, with intent to harass, intimidate, torment, or embarrass any
other person, and under cir***stances not constituting telephone
harassment, makes an electronic communication to such other person or a
third party:
(a) Using any lewd, lascivious, indecent, or obscene words, images, or
language, or suggesting the commission of any lewd or lascivious act;
(b) Anonymously or repeatedly whether or not conversation occurs; or
(c) Threatening to inflict injury on the person or property of the
person called or any member of his or her family or household."
Wa****ngton State: Unlawful Harassment: http://tinyurl.com/6q53hn
1) A person is guilty of harassment if:
(a) Without lawful authority, the person knowingly threatens:
(i) To cause bodily injury immediately or in the future to the person
threatened or to any other person; or
(ii) To cause physical damage to the property of a person other than the
actor; or
(iii) To subject the person threatened or any other person to physical
confinement or restraint; or
(iv) Maliciously to do any other act which is intended to substantially
harm the person threatened or another with respect to his or her
physical or mental health or safety; and
(b) The person by words or conduct places the person threatened in
reasonable fear that the threat will be carried out. "Words or conduct"
includes, in addition to any other form of communication or conduct, the
sending of an electronic communication.
(2)(a) Except as provided in (b) of this subsection, a person who
har***** another is guilty of a gross misdemeanor.
Wa****ngton State: Stalking: http://tinyurl.com/388nzj
RCW 9A.46.110
Stalking.
(1) A person commits the crime of stalking if, without lawful authority
and under cir***stances not amounting to a felony attempt of another
crime:
(a) He or she intentionally and repeatedly har***** or repeatedly
follows another person; and
(b) The person being harassed or followed is placed in fear that the
stalker intends to injure the person, another person, or property of the
person or of another person. The feeling of fear must be one that a
reasonable person in the same situation would experience under all the
cir***stances; and
(c) The stalker either:
(i) Intends to frighten, intimidate, or harass the person; or
(ii) Knows or reasonably should know that the person is afraid,
intimidated, or harassed even if the stalker did not intend to place the
person in fear or intimidate or harass the person.
(2)(a) It is not a defense to the crime of stalking under subsection
(1)(c)(i) of this section that the stalker was not given actual notice
that the person did not want the stalker to contact or follow the
person; and
(b) It is not a defense to the crime of stalking under subsection
(1)(c)(ii) of this section that the stalker did not intend to frighten,
intimidate, or harass the person.
Wa****ngton State Definitions: http://tinyurl.com/5wvn7e
RCW 10.14.020
Definitions.
Unless the context clearly requires otherwise, the definitions in this
section apply throughout this chapter.
(1) "Unlawful harassment" means a knowing and willful course of conduct
directed at a specific person which seriously alarms, annoys, har*****,
or is detrimental to such person, and which serves no legitimate or
lawful purpose. The course of conduct shall be such as would cause a
reasonable person to suffer substantial emotional distress, and shall
actually cause substantial emotional distress to the petitioner, or,
when the course of conduct would cause a reasonable parent to fear for
the well-being of their child.
(2) "Course of conduct" means a pattern of conduct composed of a series
of acts over a period of time, however short, evidencing a continuity of
purpose. "Course of conduct" includes, in addition to any other form of
communication, contact, or conduct, the sending of an electronic
communication. Constitutionally protected activity is not included
within the meaning of "course of conduct."
End items of possible interest.
"Troll #327" <leonard@[EMAIL PROTECTED]
> wrote in message
news:nais1493ctiuqtea0v26e7ph0fq21qc193@[EMAIL PROTECTED]
> On Sun, 4 May 2008 15:42:47 -0700, tankfixer <paul.carrier@[EMAIL PROTECTED]
>
> wrote:
>
>>In article <cras14pt9s6ncoi5m1fm4ds8caiuttai78@[EMAIL PROTECTED]
>,
>>leonard@[EMAIL PROTECTED]
says...
>>> On Sun, 4 May 2008 14:27:08 -0700, tankfixer
>>> <paul.carrier@[EMAIL PROTECTED]
> wrote:
>>>
>>> >In article <bMudnVayZsHygIPVnZ2dnUVZ8qqlnZ2d@[EMAIL PROTECTED]
>,
>>> >stevelon@[EMAIL PROTECTED]
says...
>>> >> On Sun, 4 May 2008 12:46:47 -0700, "DGVREIMAN"
>>> >> <dgvreiman@[EMAIL PROTECTED]
>
>>> >> wrote:
>>> >>
>>> >>
>>> >> snip cyberstalking, fraud and defamation from Troll 327.
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