Monday, May 14, 2007

5/14/07, The Email Fraud: "To Whom It May Concern"

Sent: Monday, May 14, 2007, 11:06 AM
Subject: Notice

May 14th, 2007

To Whom it may concern:

You have been identified as a person or organization that may be of interest in regards to the following matter under investigation. It has been brought to our attention by several private and aggrieved parties that the content of an Internet publication(s) that you either control, influence, or create or provide content for, allegedly contains that which is defamatory of specific persons and organizations expressly being named therein. You may have created or posted defamatory information, or facilitated its publication. These allegations pertain to the express use of names within this publication(s), and assert that the defamation is either of a direct nature (being derogatory predications or false information that is directly stated about such express names), or of an indirect nature (express names being implicated within a derogatory context), or by otherwise facilitating any such defamatory activity or content (allowing links to defamatory pages, failure to enforce conditions of use by moderators or owners, etc.).

The allegation further points out that the express and universally public employment of these express names on the Internet publication(s) in question is not occurring by the explicit consent of those being so named and allegedly defamed. Nor, the allegation also notes, are these names being used therein with any kind of implicit consent having otherwise been granted to you by the named persons, such as by way of any common and express membership with the named in any voluntary organization or special Internet group (wherein such names are used).

Furthermore, it is alleged that you may have also publicly disclosed that which was relatively private information belonging to an organization and those of its membership, without having either any right or permission to publicly publish such information beyond such boundaries; and, that you likely have done so with malice in order to defame or derogate. It is alleged, thereby, that you may have violated the rights not only of this organization as an organization, but also the privacy rights belonging to all of the persons named (or otherwise listed) in such publications as may have now been, by your unilateral and presumptive action(s), made universally public on the Internet.

Lastly, if such allegations are substantiated in a court of law, it appears that you may likely be found to have also violated the explicit terms of service (TOS) stipulated by your Internet service provider (or host, etc.), which terms you previously had contracted and covenanted to abide by. If this is the case, any secondary liability you may have to them arising from any legal action taken by others, is unknown.

Request is hereby made that you immediately suspend and survey your Internet publication(s) and/or posts in order to arrest any ongoing defamation by forthwith removing any such defamatory content as you may be held directly or indirectly responsible for (including legacy threads and posts); and, in the future (when sites/pages are re-activated or posting is resumed), that you desist from engaging in any activity as is defamatory or in a violation of rights. There are not only moral implications to defamation, but there are also civil and legal consequences for defamation. You do not have legal impunity or liberty to do ills that are unlawful, whether in Cyberspace or otherwise.

The specific names and specific content that you are hereby being requested to remove or amend will not be provided to you for your direction in this matter: The moral and legal burden is upon you to publish only that which you know to be, in legal fact, not defamatory; and to publish only those names and that content for which you have either legal right or permission to so publicly make known.

If any such defamatory content (or links to such) be allowed to persist on your Internet publication(s) or posts, or if you continue to create and/or publish other defamatory content, it should not be unexpected that full financial reparations for the same shall be sought for any and all direct or consequential losses to the earnings, reputations, or estates of those alleging defamation of their persons and names. This includes financial reparations for any and all hindrances or obstructions to their present or potential capital, employments, organizations, or business interests, and for all legal fees and costs in prosecuting a case relative to such damages, and for any and all possible punitive damages that might be recoverable by any and all legal theories that may be lawfully allowed in such a case.

It appears from the content of the Internet publication(s) in question, that you may likely make some claim to religion. It would seem to be good for you and for all concerned if you simply practice the ethical behavior and morals of the religion that you apparently claim that you have. It would seem that discussion of such religious topics might be engaged rationally in an honorable way, without defamation or without Internet publication of relatively private information without permission. If you are held legally liable in civil court, in accord with just laws, for doing otherwise, have no illusions as to that you are being persecuted for religion when you have rather, by lawless behavior, abandoned its very principles in these very things.

A simple and reasonable request is being made of you per the above, and only on behalf of private persons. No further notifications or requests will follow this first and final request that is here made to you. Your activity (or inactivity) on the Internet publication(s) in question will be monitored in accord with this request, and copied as requisite. The next contact you will receive, if any, will be by service of papers upon you, likely either at your residence or workplace, or wherever else the server might find convenient at that time. This will occur only if it is deemed necessary according to the results gathered by the aforesaid monitoring.

This is not a threat, nor to be construed as a threat, but it is simply cautionary information that you are now being given the opportunity to consider and wisely use ahead of time. It is not the purpose of this cautionary information to judge any case, or to set forth the proofs to such an end. This shall be done, as necessary, in civil court. Please use common sense, basic civility, and good judgment by simply complying with this simple request as is now being gratuitously made available to you in advance.

Thank you for your cooperation in this matter.

Law Advocate

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