922 lines
38 KiB
Plaintext
922 lines
38 KiB
Plaintext
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Computer underground Digest Sun Sept 24, 1995 Volume 7 : Issue 76
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ISSN 1004-042X
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Editors: Jim Thomas and Gordon Meyer (TK0JUT2@MVS.CSO.NIU.EDU
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Archivist: Brendan Kehoe
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Shadow Master: Stanton McCandlish
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Field Agent Extraordinaire: David Smith
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Shadow-Archivists: Dan Carosone / Paul Southworth
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Ralph Sims / Jyrki Kuoppala
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Ian Dickinson
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Cu Digest Homepage: http://www.soci.niu.edu/~cudigest
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CONTENTS, #7.76 (Sun, Sept 24, 1995)
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File 1--**Biased Journalism** #3 /Lerma Hearing (fwd)
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File 2--Computer Law - New Series
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File 3--Banned Books Online
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File 4--Online Novel Announcement
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File 5--Cu Digest Header Info (unchanged since 19 Apr, 1995)
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CuD ADMINISTRATIVE, EDITORIAL, AND SUBSCRIPTION INFORMATION APPEARS IN
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THE CONCLUDING FILE AT THE END OF EACH ISSUE.
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---------------------------------------------------------------------
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Date: Wed, 20 Sep 1995 23:02:55 -0500 (CDT)
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From: David Smith <bladex@BGA.COM>
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Subject: File 1--**Biased Journalism** #3 /Lerma Hearing (fwd)
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---------- Forwarded message ----------
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**Biased Journalism** : a net magazine designed to compensate for
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the shortcomings of the professional news media.
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Copyright 1995 Shelley Thomson; all rights reserved.
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Mail, articles and comment may be directed to <sthomson@netcom.com>.
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Netiquette will be observed with all communication, except for the
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following: harassing or threatening mail will be posted to the
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net immediately.
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**Biased Journalism** Volume I, issue 3 September 18, 1995
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Contents: Slam Dunk for Arnie Lerma; I-NET Clams Up; Plaintiffs Defy The
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Court; Hackers up the ante; Picketing the Church; The California 3-Strikes
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T-Shirt.
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Read at your own risk. This is **Biased Journalism**!
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SLAM DUNK FOR ARNIE LERMA
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On Friday, September 15 Judge Leonie Brinkema threw out the
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temporary restraining order against Arnaldo Lerma, vacated the writ of
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seizure and ordered his computer, disks and documents returned to him.
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The Judge will rule later in the week and may throw out the entire case.
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jostp, a net citizen occasionally seen on alt.religion.scientology, was
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present. He gave us an interview to supplement his report. Jost's
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observations (reproduced with permission) and our comments follow; our
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remarks will be set off with brackets, like [-this-].
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----------------
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Report on the September 15, 1995 hearing in the case of RTC v. Lerma;
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US District Court for the Eastern District of Virginia, Alexandria, VA
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by Patrick Jost (jostp@netcom.com)
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This is based on notes I took; there may be some inaccuracies in the
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spellings of names etc.; if you want to know what "really" happened, get
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the official transcript, this is the best I can do!
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Background: I arrived at the courthouse at about 10:00 as I thought there
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was a preliminary hearing. There wasn't, so I sat in the foyer and read.
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At about 11:30, I entered the courtroom, and heard the final portion of a
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sentencing hearing in a tax evasion case. I was very impressed with the
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way that Judge Brinkema handled the sentencing.
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[-Judge Brinkema is an older woman with long gray hair done up in a bun.
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The Judge wears glasses. She has a stern, authoritative manner of
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speaking.-]
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Court was recessed, and I left to get a drink of water. I went back into the
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courtroom, and sat in the back (so I would not distract others with my
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note taking). A woman approached me, and introduced herself as Arnie
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Lerma's mother; she had come out from Georgetown to attend the hearing,
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and Arnie told her I would be there.
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[-About 11:15 two female Scientologists arrived. They were witnesses who
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intended to discuss the harm caused by public disclosure of the sacred
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texts, but were not permitted to testify. In response to our query, Jost
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said that the women were well but strangely dressed; it struck Jost as
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unsuitable for the courtroom. Pressed for details, he remarked on
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ribbons and 'funny hairstyles' and 'funny colors.' Too colorful, too
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frilly. It would probably be ok in L.A., he said innocently. [Flames
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to jostp@netcom.com] -]
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[-The courtroom is in the former Post Office, an elegant Georgian
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building. The courtroom is lined with wooden pews. Jost and Mrs. Lerma
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sat down together in a pew at the rear, behind the Post lawyers.-] Jost
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continued:
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The Scientology "team" was seated at the front: I recognized Warren
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McShane and Earle Cooley.
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I am going to try to "report" this as accurately as possible, so I am using
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the following abbreviations for participants:
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JB: Judge Brinkema
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EC: Earle Cooley (Scientology lawyer)
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WC: William Cook (Scientology lawyer)
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HK: Helena Kobrin (Scientology lawyer)
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MG: Michael Groh (DGS lawyer)
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RH: R. A. Hager (DGS lawyer)
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JH: Jack Hawkins (Washington Post lawyer)
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CS: Carl Symmes (Washington Post lawyer)
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LL: Lee Levine (Lerma lawyer)
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MS: Michael Sullivan (Lerma lawyer)
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MH: Merrill Hirsh (Lerma lawyer)
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When I have to add explanatory remarks, they will be between [square
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brackets.]
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Court was called to order at about 1200: JB summarized the contents of
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the hearing:
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1) Plaintiff's motion for TRO against the Post;
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2) Plaintiff's preliminary motion for injunctive relief;
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3) Defendant's motion to vacate the seizure
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JB stated that she didn't want to spend time revisiting the TRO, would
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allow some time for argument; she also mentioned that there was a lot of
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overlap between the motion for the TRO and motion for preliminary
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injunction, and that there was a lot of redundancy in the paperwork.
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EC stated that he was reading today's New York Times, there was a story
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about a case in the US District (Ohio), a decision by Judge Fakins. The case
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is Proctor and Gamble v. Bankers trust. Apparently sealed financial
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information about the sale of derivatives was leaked to Business Week,
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Judge Fakins enjoined publication.
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EC said "all I know is what is in the NYT" and noted that the Washington
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Post did not report the story.
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EC said that they [Scientology lawyers?] missed a case...Urantia
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Foundation v. Kristin Mahera, dated June 27, 1995 in the US District of
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Arizona. In this case, the Urantia Foundation asserted that neither free
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speech or fair use allowed trademark infringement.
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[EC talked about other points that needed to be addressed
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because of the Lerma/Post response]
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JB said she did not want to hear Mr. Cooley's feelings on Scientology. She
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said she has already ruled, and was not happy that EC had shifted
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gears/changed focus in his argument.
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EC said he had brought witnesses.
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JB said she did not want to hear them, but that some limited use might be
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permitted.
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EC disagreed, spoke about how the Scientology materials were the
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writings of L. Ron Hubbard and that they had to be used/read/studied on a
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scale of spiritual awareness, that this is an article of faith for
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Scientologists. He said he had affidavits from his witnesses on this.
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EC spoke of the offensive nature of comments made about Scientology,
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that they were spiteful. He said "past things" [maybe this is Snow White?]
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were history, that if things were not clean that the Church of Scientology
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would not have been given 501(c) [tax exempt] status.
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JB told Mr. Cooley to "tone it down".
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EC said that he would not be allowed to see the materials in question, that
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that is how strong the belief is in the need to restrict access.
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JB said that she wondered how the actual documents could be compared to
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Mr. Lerma's postings; she also said that if he would not look at them, she
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would not either. She asked him how he could pursue something he had
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not investigated himself.
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EC responded by discussing the Fishman case/documents.
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JB said she had heard enough, asked to hear from the Washington Post.
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CS said that EC had shown nothing new, that the Washington Post had
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not intended to insult [etc.] the Church of Scientology. He said that the
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Post's case could be distinguished from the case discussed in the NYT as
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those documents were sealed.
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EC said he wanted the Scientologists [witnesses] to discuss the harm that
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had been done to them. He said he wanted to discuss the contents of Arnie
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Lerma's affidavit. He said the OT8 materials [referring to Jesus Christ as
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a pedophile] are phony, but that the rest are real. He said that what the
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Washington Post had done was repugnant to the Constitution.
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LB stated that the notion of free comment was important.
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EC disagreed, he mentioned complaints about him to Boston University,
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where he has been on the board for 20 years, he mentioned an insulting
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nickname given to Helena Kobrin on the Internet.
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[-We wanted to know this nickname and asked Jost; apparently Cooley did
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not actually mention it. The likely prospect is "the 'ho of babble-on,"
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invented by Grady Ward and widely used on the net.-]
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JB said her mind is not changed, she is not convinced, she denied their
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request for a TRO.
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EC says he wants to appeal to the 4th circuit, and asked for a stay.
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JB said she is leaving her ruling in place, no stay.
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[topic is now injunction against Arnie Lerma]
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EC said he had Mr. Rinder, the head of OSA here to testify, that he wants
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to call the "public Scientologists" to testify.
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LL objected to the witnesses, wants time for discovery. He said EC had
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sent him a letter saying that he [EC] did not know which witnesses would
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be called.
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[the two witnesses that were discussed were Warren McShane, head of
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the RTC and Jim Settle of I-NET]
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JB said she would not referee attacks.
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EC said Mr. Rinder would testify as to what the attacks and exposure
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mean to Scientology. He said that the OSA and Guardian Office are not
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the same thing.
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JB told him not to talk about criticism [of Scientology] that criticism is
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part of the doctrine of fair use.
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EC said that Arnie Lerma acted as an agent of FACTNET and that the
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documents came from Larry Wollersheim.
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JB said an individual gets protection but that verbatim quotation is beyond
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fair use.
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LL said that wholesale copying had not taken place, that this could be
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shown by counting the number of pages. He said there were actually very
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few matches between documents seized and allegedly copyrighted
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materials. He said that there is no question that copying [an entire
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document] can be fair use, as is shown in the Sony case.
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He cited the Bellmore case, in which an entire letter was quoted and the
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Rothbard case, where the transcript of an entire lecture was used.
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He talked about authenticity and reflection of beliefs, and referred to the
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OT8 documents, he said Arnie Lerma posted them to foster discussion.
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He said the Supreme Court says accurate quotation is important, referred
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to the case Campbell v. Acock-Rose. He said amount taken is but one of
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four fair use tests, and it is not the exclusive test, but admitted that his
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[Lerma's] situation is not as strong as the Washington Post's.
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JB asked about the materials in Colorado [Wollersheim] case.
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LL said that they are identical.
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LL asked for the same type of order as the Washington Post and Colorado,
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that Arnie Lerma can do fair use quotation and that he wants the
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materials seized from Arnie Lerma to be returned.
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EC said that Arnie Lerma is not entitled to this, that he did not engage in
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fair use.
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EC said that Arnie Lerma says that the materials [Fishman affidavit and
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attachments] came from Larry Wollersheim, Wollersheim says they did
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not, he thinks conflicted testimony is a big issue.
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EC says [he thinks] Larry Wollersheim wanted the materials posted under
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the cover of Arnie Lerma's name. He said various things about
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alt.religion.scientology and fair use, and that he wanted Warren McShane
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to testify.
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LL says that Arnie Lerma claims that the materials were sent to him in
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the US mail by an unknown source, and that Larry Wollersheim claims they
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came from the FACTNET archive.
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LL said that there is no such thing as "fair use of a trade secret" in
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Virginia and that the case CBS v. Davis denies exactly what the plaintiffs
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want, a preliminary injunction on a trade secret matter.
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He objected to McShane's testimony, said he [McShane] had already
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submitted a declaration and had been deposed for 1.5 days. He said that
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they had received McShane's materials [some sort of charts?] at 10:00 in
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the morning, had not had time to go through them.
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EC said everything was provided in a timely manner.
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JB says she wanted to look at the materials [a thick black binder].
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EC says it needs to be sealed because it contains the writings of L. Ron
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Hubbard.
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JB said she saw copies of handwriting on one side, typing on another, the
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typing is supposedly from Arnie Lerma's computer.
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LL/EC argued about who had asked for and seen what [issue is that Arnie
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Lerma's lawyers claim to have asked for details on infringement, they
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claim what Scientology's lawyers provided was inadequate; Scientology's
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lawyers claim the opposite].
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JB called for a recess to examine the documents, and asked LL and EC to
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show what had been requested and provided.
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[during the recess, Helena Kobrin arrived] [-wearing a bright blue suit-]
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[-Lots of things happened during the recess. Jost got up to take a
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break. On the way back he noticed two Scientologists applying the
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OT Death Stare to himself and Mrs. Lerma. "They were trying to bogart
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us but it didn't work," he explained. (Bogart is a term used in law
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enforcement.) A brief bogart contest ensued, which Jost won without
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difficulty. Although he does not believe in entheta, the idea that
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someone might be deliberately trying to beam it at him made Jost very
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annoyed. He scowled at the Scientologist, who dropped his eyes.
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Then Jost noticed that the other Scientologist, a woman, was still
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Staring. "I made a silly face." She quickly looked away.-]
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[-Mrs. Lerma never noticed the Death Stare. "That doesn't work on me,"
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she said. She noticed some Scientologists in the audience, including
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some familiar faces from the September 9 demonstration. Like Jost,
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she said the Scientologists stood out by their expressions and body
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language. Beyond the various lawyers and a few Scientologists, the
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hearing was attended by a group of students from Georgetown Law
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School.-]
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After the recess--
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JB asked what answer was received.
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LL said they received some printouts with no explanatory information,
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that they wrote a letter asking for an explanation. They did not get one,
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they wrote another letter [deadline was approaching]. As their materials
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were going out the door, they got an answer that they felt was inadequate.
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They said that they got another document at 10:00 today [probably the
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same thing JB went to look at] and that it is contradictory.
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JB wanted to know what was wrong with it.
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LL says it is deceptive as it does not really show how many documents
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were involved, they can't tell what is going on.
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He said that some things previously represented as non-infringing were
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included.
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EC says the initial submission was sufficient. He said everything had been
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returned to Arnie Lerma except the infringing materials, and that I-NET
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had been replaced.
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MH said that only the "C" hard drive had been returned, and that they are
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keeping more than they say, that they have his [Lerma's] "D" drive as well.
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JB says it looks like most of OT3 is quoted but is confused by the lack of
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context, says that Arnie Lerma's situation is not the same as the
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Washington Post's.
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LL says that the Fishman exhibits are extracts from Scientology
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documents, but that some of the Scientology documents are very long.
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Some of them [he mentioned OT2 and OT3] are 200-300 pages long, and
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that Arnie Lerma did not post the entire documents.
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LL discussed the four factors in fair use, one of them is public debate,
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said that the Internet is a forum for public debate.
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LL says injunctive relief is not the way to go, that the 9th circuit has
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ruled that OT1-3 are widely available. He also talked about Scientology's
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misuse of court orders and says that Arnie Lerma is willing to accept a
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decision like that in the Colorado/Washington Post cases.
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EC says the only issue is infringement, he does not like the Internet issue
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and that he wants Warren McShane to talk.
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JB asked why "only" the copyrighted stuff couldn't be copied?
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EC says it is sanitizing, that it could be done.
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JB says she has to balance things:
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She is concerned about the scope of the seizure, that the
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only materials at issue are copyrighted documents, not
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names, addresses, business correspondence, etc.
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She is concerned about the volume of verbatim duplication
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in Arnie Lerma's postings.
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JB says she'll take it under advisement for a week, will look through
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Cooley's presentation.
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[topic is now motion to vacate writ of seizure]
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MS says they were asked [in a previous hearing?] to review search, see if
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it was successive. He talked about how "broad" a search was that used
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"Hubbard" as a search term. He said a very broad search was conducted by
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Jim Settle, that 2/3 more stuff was reviewed than copied.
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MS said that Warren McShane would "scroll through" messages when a
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hit was found, and that they [Lerma defense team] will never know what
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exactly was done. They say that Cooley called in Moxon, a Scientology
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lawyer qualified/permitted to look at the materials. He mentioned that
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McShane identified OT8 as an infringement in his deposition.
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MS says Moxon says he doesn't know which documents are which.
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MS says they are shooting at a moving target.
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MS says many of the disks retained do not contain any of the search terms.
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[search terms were THETAN-OT COURSE-HUBBARD]
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[MS says] JB told them not to continue searching on August 25th, she said
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the search and seizure was dirty, that they conducted an exploratory
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search, possibly violating Arnie Lerma's 4th amendment rights.
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WC is going to talk about the searches...
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JB asked what other words were searched for.
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WC talked about the "3 word" search as done by I-NET and McShane, but
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that additional searches were done, but not after they were told not to do
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any more.
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JB says she only remembers authorizing a search for the three words.
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WC talked about doing "directory searches" [not sure what this means].
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JB said a "search for evidence" was not authorized.
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WC said they tried to comply.
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JB said it was her understanding in ex parte discussions of how the search
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was to be done that I-NET was to be the reviewing authority.
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[a clerk of the court read from a document-maybe from another hearing-
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about the terms of this search]
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JB said that the search that had been done was not clean.
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WC talked about having Moxon look at stuff, said that Settle was not
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allowed to explain what searches were done and how they were done.
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EC said it was no one's intent to use any other material. He said Settle
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mentioned the [additional?] search but not the search terms. He talked
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about the lack of sufficiency of the initial search terms.
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JB [gives ruling] is concerned about how the seizure was conducted. She
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talked about 4th amendment rights. She says ex parte arrangements must
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be done in good faith, that the search should have been narrow. She says it
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was not conduced in the spirit intended.
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[-"I feel deceived," the Judge said.-]
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JB said things got out of control, she is concerned about the Church of
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Scientology's "lack of clean hands" in the matter.
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JB does not give the preliminary injunction, vacates the seizure, says that
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Arnie Lerma may only quote for "fair use" (as in W. Post/Colorado).
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EC asked for a stay.
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JB said no, that the 4th circuit is still open.
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HK said she was concerned about representations of things not done in
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good faith, that things were done in good faith.
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JB said she had ruled, that Helena Kobrin's remarks had been recorded.
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[court adjourns]
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LL says that the request was made in two places, in the declaration of
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Merill Hirsh, August 30 1995, asking for a parallel analysis. [-This
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line is a mystery to us. Perhaps it should go earlier in the notes.-]
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epilog:
|
|
|
|
[-The day was still young. Jost decided to bullbait Jim Settle,
|
|
former FBI agent and Director of Information Security for I-NET.]
|
|
|
|
PJ: Patrick Jost (author of this document)
|
|
WM: Warren McShane (RTC)
|
|
JS: Jim Settle (I-NET)
|
|
GL: Gora Lerma (Arnie Lerma's mother)
|
|
|
|
PJ said [to McShane, as he exited the courtroom] that he [McShane] should
|
|
get another computer guru.
|
|
|
|
PJ said he could have done a much better job than I-NET did on the disk
|
|
search.
|
|
|
|
[I said this because it was obvious that they were having trouble doing a
|
|
simple keyword search]
|
|
|
|
WM asked Patrick Jost who he was, and if he really thought he could have
|
|
done a better job.
|
|
|
|
PJ replied I'm me [this is basically what one of the Scientologists present
|
|
at the raid on Arnie Lerma's house said].
|
|
|
|
WM asked why Patrick Jost would not identify himself.
|
|
|
|
PJ replied "I'm Patrick Jost...jostp@netcom.com".
|
|
|
|
WM indicated that he knew who that was. [-tried to be intimidating-]
|
|
|
|
PJ said he knew who Warren McShane was. [-not having any-]
|
|
|
|
JS interjected saying something like "I did the search, talk to
|
|
me". [-woof!-]
|
|
|
|
PJ said you did a bad job on the search, and you should not have taken the
|
|
job anyway, you have a moral responsibility...
|
|
|
|
JS interrupted saying that they [I-NET] had raised issues, but that he
|
|
[Settle] had not been allowed to speak.
|
|
|
|
PJ asked what would Ken Bajaj [I-NET management] think about this?
|
|
|
|
JS replied if all you know is what's on the Internet, you don't know it all.
|
|
|
|
PJ said "you don't know what I know".
|
|
|
|
WC [Scientology lawyer] tried to get Jim Settle to leave...
|
|
|
|
GL [partial, to Helena Kobrin] You were at my son's house...
|
|
|
|
[there was dialogue between GL and HK but I did not hear it]
|
|
|
|
HK said I'm not going to talk [after this, Helena Kobrin left very quickly]
|
|
|
|
WC told Jim Settle they had to go [they left]
|
|
|
|
[end of Jost report]
|
|
|
|
[-We wanted to know what Mrs. Lerma had said to Helena Kobrin. "She was
|
|
mad as hell, and disappointed," Mrs. Lerma related. "I told her that the
|
|
Scientology church was finished." "Eight million members and we're
|
|
finished?" Kobrin retorted. GL: "What, the people you send literature to?
|
|
Do you know what they do with that literature? They throw it away."
|
|
Giving up on the argument, Kobrin stalked off.-]
|
|
|
|
[-Jost and Mrs. Lerma agreed that things had gone badly for the
|
|
Church from the start. "Every time Cooley opened his mouth he put his
|
|
foot in it," Mrs. Lerma said. She was amazed that he told the Judge he
|
|
didn't know what the material was. "Cooley did badly from the beginning,"
|
|
Jost declared. Jost and Mrs. Lerma watched in fascination as the Judge
|
|
laid into the Church lawyers for conducting a dirty search, exceeding the
|
|
scope of the order, and negotiating in bad faith. These remarks (precise
|
|
wording available from the transcript) are strong language for a judge.
|
|
There is no doubt that this was a Very Bad Day for the Church lawyers.-]
|
|
|
|
Then everyone went home--
|
|
|
|
[-We asked Jost whether anyone was followed. He said he doubted it. When
|
|
he went to retrieve his car he noticed Jim Settle there getting in his
|
|
(Settle's) car, but there aren't very many places to park around the
|
|
courthouse, Jost explained. It was probably a coincidence.-]
|
|
|
|
Judge Brinkema is expected to issue more rulings this week. We will
|
|
report them.
|
|
|
|
|
|
I-NET REFUSES INTERVIEW
|
|
|
|
**Biased Journalism** approached I-NET in early September for an
|
|
interview. For new readers, I-NET is the computer company hired by the
|
|
Religious TechnoloIgy Corporation (RTC) on behalf of the Church of
|
|
Scientology to search Arnie Lerma's computer and copy and delete files
|
|
from his hard drives. I-NET personnel were present at the raid on
|
|
the Lerma residence.
|
|
|
|
We telephoned the company and asked for the president, Ken Bajaj.
|
|
We were connected with his secretary, a friendly and helpful woman, and
|
|
explained our purpose. She was taken aback by the concept of a news
|
|
magazine published solely on the Internet. She suggested that we call
|
|
back in a few minutes to talk to Mr. Bajaj, and we did. We were not
|
|
allowed to talk with him, however; instead we were asked to send
|
|
some written material.
|
|
|
|
We assumed she meant prior issues of **Biased Journalism**,
|
|
and wanted to send them via email, but were told that I-NET has no
|
|
email address. We quickly dispatched a snail package.
|
|
|
|
A week later we called again. *The vibe had changed.* The
|
|
secretary, now sounding distinctly frightened, said that the interview had
|
|
been refused but declined to say anything further. She offered to connect
|
|
us with the legal department. We agreed, hoping at least to find out why
|
|
they did not want to talk to us, but were first disconnected and then told
|
|
that everyone was in a conference. We left our number, but no one called
|
|
us back.
|
|
|
|
I-NET has clammed up.
|
|
|
|
Bereft of news, we suborned a mouse in the I-NET conference
|
|
room. The mouse alleged as follows: our contact was promptly reported
|
|
to the I-NET department handling c of s matters. The client's lawyers
|
|
were asked whether they minded if I-NET gave an interview. The lawyers
|
|
responded that they certainly did mind; and furthermore, additional
|
|
legal actions were under consideration which could involve **Biased
|
|
Journalism**.
|
|
|
|
We were nonplussed. Could this mouse be telling the truth?
|
|
We could not imagine a genuine basis for legal action; on the other
|
|
hand, events have happened in the last few months that surpassed our
|
|
fantasies. We wondered whether I-Net expects a lot of future
|
|
business from the Church. (The mouse averred that this was so.)
|
|
Shall I-NET someday be searching **our** computer? We experienced a
|
|
premonitory chill.
|
|
|
|
Important questions remain unanswered. Why was I-NET selected
|
|
to interrogate Lerma's computer? How did the Church learn of the company
|
|
and why did they decide that I-NET could be trusted? Was there, for
|
|
instance, a Bajaj family tie to the Church?
|
|
|
|
What, precisely, did I-NET do to Lerma's computer? Did I-NET
|
|
play a role in the other raids conducted by the Church? Was I-NET
|
|
involved in the attempt to break Lawrence Wollersheim's pgp-encrypted
|
|
files? Does I-NET expect <cough> a lot of future business from the
|
|
Church?
|
|
|
|
[We were surprised as well as disappointed to be refused an
|
|
interview. To our knowlege **Biased Journalism** is the only net.zine
|
|
to have made a specialty of covering the c of s confrontation with the
|
|
internet. We anticipated that Mr. Bajaj would want the opportunity
|
|
to explain his company's actions to the citizens of cyberspace and
|
|
quash some of the rumors current on the net. His silence invites
|
|
speculation, which is Not Our Fault.]
|
|
|
|
To be continued--
|
|
|
|
|
|
PLAINTIFFS DEFY THE COURT, OR, WHERE IS ARNIE LERMA'S COMPUTER?
|
|
|
|
As most readers know, the Church of Scientology [represented by Religious
|
|
Technology Corp.] and I-NET Corporation have had possession of Arnaldo
|
|
Lerma's computer since it was seized on August 12. Judge Brinkema ordered
|
|
the computer returned to Lerma. On September 7 he was finally invited to
|
|
pick it up. He went to the offices of his attorneys.
|
|
|
|
Here is what he found...
|
|
|
|
He was given a large box of floppy disks. He fished in the box and
|
|
discovered that they represented only 1/2 to 1/3 of his disks, mostly
|
|
commercial material. A 540 meg hard drive which had been part of his
|
|
business inventory was returned, together with a very old scsi drive
|
|
which I-NET had been unable to read. He had expected to find his own
|
|
computer, pursuant to Judge Brinkema's order. It was not there.
|
|
Instead he was offered a 386 with an I-NET sticker on the back and a hard
|
|
drive labeled "duplicate Lerma C Drive 8/21." Lerma refused to accept the
|
|
386, but removed the hard drive and took it with him.
|
|
|
|
Lerma left his 20" monitor at Ross Dixon because Plaintiffs did not return
|
|
its cable with the BNC ends. He also left his scanner because the scsi
|
|
interface was missing. Were these omissions accidental? [Lerma declined
|
|
to speculate. He was not pleased, our informant said with meaningful
|
|
understatement.]
|
|
|
|
Arnie Lerma's 486 computer, two hard drives and the missing cables and
|
|
interface remain in the hands of third parties and under the control of
|
|
the Plaintiffs.
|
|
|
|
The next move belongs to the Judge.
|
|
|
|
|
|
HACKERS UP THE ANTE
|
|
|
|
Sunday August 20: irc talk (vertabim as told to us)
|
|
|
|
"...tonight some drunk and pissed off hackers apparently
|
|
ping'd Cof$'s Theta.com node into oblivion, that is
|
|
set up multiple ping bots to shutdown the server.
|
|
|
|
<deleted> Hey all I see you're point...but honestly the
|
|
hackers have VOTED..
|
|
+the process is out, themachine is running, it isOUT of my hands. We met,
|
|
+we talked, we discussed, we exchanged, we thought, we asked, we tasked,
|
|
+and we did. The site went down.
|
|
|
|
God bless the Internet"
|
|
|
|
|
|
ANNOUNCING: THE CALIFORNIA 3-STRIKES T-SHIRT
|
|
|
|
Inspired by the success of the international arms dealer t-shirt,
|
|
of which more than 500 have been sold, **Biased Journalism** proposes
|
|
the California 3 Strikes T-Shirt. On this shirt will be depicted:
|
|
(1) the piece of RSA code that qualifies the wearer as an international
|
|
arms dealer and terrorist; (2) the FIJA handout, from the Fully Informed
|
|
Jury Association, that informs the reader of the real rights and powers of
|
|
juries in our legal system. This FIJA information was deemed so dangerous
|
|
that persons distributing FIJA leaflets have been prosecuted for "jury
|
|
tampering!" And finally, (3) the shirt will display the famous six lines
|
|
of text referring to visiting the zoo that qualify the wearer as
|
|
a member of the worldwide conspiracy to steal and distribute copyrighted
|
|
and trade secret information on the Internet.
|
|
|
|
Can you go to prison for life simply for wearing a t-shirt? In
|
|
the State of California, the answer is yes. Buy one and find out if they
|
|
really mean it. For best results, wear in a major city near the courthouse.
|
|
Try to stand in front of Scientology orgs and/or restaurants frequented by
|
|
foreign nationals.
|
|
|
|
$25+postage. Vendor inquiries invited.
|
|
|
|
------------------------------
|
|
|
|
Date: Thu, 21 Sep 1995 11:27:44 -0400
|
|
From: Galkin@AOL.COM
|
|
Subject: File 2--Computer Law - New Series
|
|
|
|
*************************************************
|
|
THE COMPUTER LAW REPORT ANNOUNCES NEW SERIES
|
|
*************************************************
|
|
|
|
The Computer Law Report - the FREE monthly e-mail report for
|
|
nonlawyers - is beginning an important series on the recently released
|
|
Clinton Administration White Paper. The White Paper analyzes how
|
|
intellectual property law applies to cyberspace and makes legislative
|
|
recommendations to Congress for revising laws for the digital age.
|
|
|
|
The Computer Law Report is prepared by William S. Galkin, Esq.,
|
|
adjunct professor of computer law Univ of Maryland Law School.
|
|
|
|
To be put on distribution list send e-mail to: galkin@aol.com
|
|
|
|
------------------------------
|
|
|
|
Date: Fri, 22 Sep 1995 01:18:13 CDT
|
|
Date: 10 Sep 1995 12:35:10 GMT
|
|
From: okeefe@OLYMPUS.NET(Steve O'Keefe)
|
|
Subject: File 3--Banned Books Online
|
|
|
|
FOR IMMEDIATE RELEASE:
|
|
Book Stacks Unleashes Banned Books Exhibit
|
|
|
|
Book Stacks Unlimited, the most popular bookstore on the Internet, today
|
|
unveiled plans for an unsettling exhibit dealing with book censorship. The
|
|
exhibit, located at http://www.banned.books.com, debuts September 23 as
|
|
part of the American Booksellers Association Banned Books Week.
|
|
|
|
"The Internet is under attack by people who want to suppress your freedom
|
|
of speech," says Book Stacks' founder and president, Charles Stack. "This
|
|
exhibit demonstrates how dangerous the threat is. You'd be amazed at what
|
|
some people want to keep you from reading."
|
|
|
|
The exhibit features several digital audio clips: Salman Rushdie reading
|
|
from his book, *East, West*; U.S. Senate debate over the Exon Amendment;
|
|
and a rant from author and public radio & TV commentator Andrei Codrescu
|
|
commissioned by Book Stacks for the exhibit.
|
|
|
|
Other displays include a list of banned books, a quiz, a civil liberties
|
|
bookshelf, a directory of links to anti-censorship resources, frightening
|
|
and courageous quotations, a forum on book banning, and much more. One
|
|
section is devoted to the Canter & Siegel affair. After the notorious
|
|
"Green Card Lawyers" abused the net, several people called for a ban on
|
|
their book.
|
|
|
|
Book Stacks Unlimited (books.com) has been selling books online since 1992.
|
|
They offer more than 330,000 titles for sale and gigabytes of
|
|
entertainment. They are frequently included in Internet "top ten" lists and
|
|
are the only bookstore in the Internet Hall of Fame. Book Stacks is a
|
|
member of the American Booksellers Association.
|
|
|
|
The Banned Books exhibit will not be open to the public until September 23.
|
|
For a sneak preview, please contact Camille Tillman at (216) 861-0467 or
|
|
via e-mail at <cheritag@books.com>.
|
|
|
|
------------------------------
|
|
|
|
Date: Mon, 4 Sep 1995 14:20:56 -0700
|
|
From: Pilgrim@EWORLD.COM
|
|
Subject: File 4--Online Novel Announcement
|
|
|
|
Dear Editor,
|
|
|
|
Pilgrim Press is happy to announce the publication of its first online
|
|
serial, IN SOME UNRELATED LAND, a novel with art on the World Wide Web.
|
|
|
|
http://www.ced.berkeley.edu/~mang/title.html
|
|
|
|
While IN SOME UNRELATED LAND may not be the first novel published on the Web,
|
|
we believe it stands out for its literary quality. First and foremost, this
|
|
is a good read. The novel takes advantage of the medium by using graphic
|
|
images and hyperlinks, but they are secondary to the prose.
|
|
|
|
We hope you will read IN SOME UNRELATED LAND, tell your friends about it,
|
|
include it on your "hot links pages," and review it.
|
|
|
|
Attached is our press release. If you would like more information or sample
|
|
pages, please contact Mona Mang at pilgrim@eworld.com.
|
|
|
|
Yours,
|
|
|
|
Mona Mang
|
|
____________________________________________
|
|
|
|
|
|
NEWS from Pilgrim Press
|
|
|
|
For Immediate Release
|
|
September 4, 1995
|
|
|
|
Pilgrim Press announces the publication of its first online serial, IN SOME
|
|
UNRELATED LAND, a novel with art on the World Wide Web written by Martha
|
|
Conway.
|
|
|
|
http://www.ced.berkeley.edu/~mang/title.html
|
|
|
|
|
|
IN SOME UNRELATED LAND is Berkeley, California, where twenty two year old
|
|
Jane Brandt moves after her parents die in an accident. With few friends and
|
|
no money, Jane tries to set up a new life: she gets a trial job working for a
|
|
new-age publisher in his basement, moves into a communal house, and divides
|
|
her wages among rent, beer, and drugs. IN SOME UNRELATED LAND chronicles one
|
|
summer in Jane's life, a time of unusual liaisons and hand-to-mouth living --
|
|
it is the freefall of someone waiting for "real" life to begin.
|
|
|
|
The novel will be published in nine parts on the World Wide Web. Each part
|
|
is divided into 7-10 short linked files, with art incorporated into the text.
|
|
IN SOME UNRELATED LAND is complete, and will be published over the next
|
|
twelve weeks.
|
|
|
|
PUBLISHING SCHEDULE:
|
|
Sept. 4 I get a job
|
|
Sept. 15 Drugs
|
|
Sept. 29 I learn more about many things
|
|
Oct. 6 Day rides and night rides
|
|
Oct. 13 The cat dies
|
|
Oct. 20 And I escape to New York
|
|
Oct. 27 Lucy and Henry
|
|
Nov. 3 After the Met
|
|
Nov. 10 Home
|
|
|
|
ABOUT THE AUTHOR:
|
|
Martha Conway is a published writer and book reviewer living in the San
|
|
Francisco Bay Area. Her work has appeared in The Quarterly, The Carolina
|
|
Quarterly, Puerto del Sol, Folio, Enterzone, Mississippi Review Web, and
|
|
other publications. She is currently working on her next novel.
|
|
|
|
This novel is being published on the shareware model, but if you are
|
|
interested in a free review copy, please contact Mona Mang at
|
|
pilgrim@eworld.com.
|
|
|
|
------------------------------
|
|
|
|
Date: Sun, 19 Apr 1995 22:51:01 CDT
|
|
From: CuD Moderators <cudigest@sun.soci.niu.edu>
|
|
Subject: File 5--Cu Digest Header Info (unchanged since 19 Apr, 1995)
|
|
|
|
Cu-Digest is a weekly electronic journal/newsletter. Subscriptions are
|
|
available at no cost electronically.
|
|
|
|
CuD is available as a Usenet newsgroup: comp.society.cu-digest
|
|
|
|
Or, to subscribe, send a one-line message: SUB CUDIGEST your name
|
|
Send it to LISTSERV@VMD.CSO.UIUC.EDU
|
|
The editors may be contacted by voice (815-753-0303), fax (815-753-6302)
|
|
or U.S. mail at: Jim Thomas, Department of Sociology, NIU, DeKalb, IL
|
|
60115, USA.
|
|
|
|
To UNSUB, send a one-line message: UNSUB CUDIGEST
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Send it to LISTSERV@VMD.CSO.UIUC.EDU
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(NOTE: The address you unsub must correspond to your From: line)
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|
|
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Issues of CuD can also be found in the Usenet comp.society.cu-digest
|
|
news group; on CompuServe in DL0 and DL4 of the IBMBBS SIG, DL1 of
|
|
LAWSIG, and DL1 of TELECOM; on GEnie in the PF*NPC RT
|
|
libraries and in the VIRUS/SECURITY library; from America Online in
|
|
the PC Telecom forum under "computing newsletters;"
|
|
On Delphi in the General Discussion database of the Internet SIG;
|
|
on RIPCO BBS (312) 528-5020 (and via Ripco on internet);
|
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and on Rune Stone BBS (IIRGWHQ) (203) 832-8441.
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CuD is also available via Fidonet File Request from
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1:11/70; unlisted nodes and points welcome.
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EUROPE: In BELGIUM: Virtual Access BBS: +32-69-844-019 (ringdown)
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Brussels: STRATOMIC BBS +32-2-5383119 2:291/759@fidonet.org
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In ITALY: ZERO! BBS: +39-11-6507540
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In LUXEMBOURG: ComNet BBS: +352-466893
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UNITED STATES: etext.archive.umich.edu (192.131.22.8) in /pub/CuD/
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ftp.eff.org (192.88.144.4) in /pub/Publications/CuD/
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aql.gatech.edu (128.61.10.53) in /pub/eff/cud/
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world.std.com in /src/wuarchive/doc/EFF/Publications/CuD/
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wuarchive.wustl.edu in /doc/EFF/Publications/CuD/
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EUROPE: nic.funet.fi in pub/doc/cud/ (Finland)
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ftp.warwick.ac.uk in pub/cud/ (United Kingdom)
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JAPAN: ftp://www.rcac.tdi.co.jp/pub/mirror/CuD
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|
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The most recent issues of CuD can be obtained from the
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|
Cu Digest WWW site at:
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|
URL: http://www.soci.niu.edu:80/~cudigest/
|
|
|
|
COMPUTER UNDERGROUND DIGEST is an open forum dedicated to sharing
|
|
information among computerists and to the presentation and debate of
|
|
diverse views. CuD material may be reprinted for non-profit as long
|
|
as the source is cited. Authors hold a presumptive copyright, and
|
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they should be contacted for reprint permission. It is assumed that
|
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non-personal mail to the moderators may be reprinted unless otherwise
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specified. Readers are encouraged to submit reasoned articles
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relating to computer culture and communication. Articles are
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preferred to short responses. Please avoid quoting previous posts
|
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unless absolutely necessary.
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DISCLAIMER: The views represented herein do not necessarily represent
|
|
the views of the moderators. Digest contributors assume all
|
|
responsibility for ensuring that articles submitted do not
|
|
violate copyright protections.
|
|
|
|
------------------------------
|
|
|
|
End of Computer Underground Digest #7.76
|
|
************************************
|
|
|