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Re: First Notice to Douglas G. Reiman CEASE and DESIST!!

by "Jack G." <jgranade@[EMAIL PROTECTED] > May 5, 2008 at 11:16 AM

On May 4, 7:34 pm, Troll #327 <leon...@[EMAIL PROTECTED]
> wrote:
> Douglas G. Reiman ALIAS Douglas Grant  This is your __1st _______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
> de...@[EMAIL PROTECTED]
>
> 1. 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 de...@[EMAIL PROTECTED]
 email address
indicate=
d
> 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."
>
> Troll #327
>
> 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 r=E9sum=E9-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=A7
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.

I hope this works and he goes away, far far away.
 




 3 Posts in Topic:
First Notice to Douglas G. Reiman CEASE and DESIST!!
Troll #327 <leonard@[E  2008-05-04 19:34:01 
Re: First Notice to Douglas G. Reiman CEASE and DESIST!!
"Jack G." <j  2008-05-05 11:16:21 
Re: First Notice to Douglas G. Reiman CEASE and DESIST!!
Troll #327 <leonard@[E  2008-05-05 11:29:08 

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tan12V112 Thu Nov 20 19:33:54 CST 2008.