P R E S E N T:At IAS Part 47 of the Supreme Court of the State of New York in and for the County of Rockland, held at the Courthouse at One South Main Street, New City, New York 10956 on the 10th day of November, 1999.
Hon. William E. Sherwoood
CONFORMED COPY
Justice, as Duty Judge
| In the Matter of the Application of
FRANCIS E. JONES and CODEX DATA SYSTEMS, INC. For an Order to Examine Teleport Internet Services d/b/a teleport.com, iVillage, Inc. d/b/a
iVillage.com, Deja.com, Inc. d/b/a deja.com and my-deja.com, Technology
Park Malaysia Corporation Sdn. Bhd. d/b/a waumailcom, Indigo Interactive,
Inc. d/b/a freemail.com.au, Tai Wo Ng d/b/a gigileung.com, HomePage.com,
Inc. d/b/a homepage.com, Zyris Ltd. d/b/a/ "zyworld.com" and
Before Trial, Prior to Instituting Suit. |
ORDER TO SHOW CAUSE
Assigned to:
Hon. Robert R. Meehan
Upon the reading and filing of affidavit of Francis E. (Frank) Jones, sworn to on the 8th day of November, 1999 and the exhibits annexed thereto, and the affirmation of Terrance L. Kawles dated November 8th, 1999,
LET, Teleport Internet Services (d/b/a teleport.com), iVillage, Inc. (d/b/a iVillage.com), Deja.com, Inc. (d/b/a deja.com and my-deja.com), Technology Park Malaysia Corporation Sdn. Bhd. (d/b/a waumailcom), Indigo Interactive, Inc. (d/b/a freemail.com.au), Tai Wo Ng (d/b/a gigileung.com), HomePage.com, Inc. (d/b/a homepage.com), and "John Does" 1-50, and "XYZ Corp." 1-50, show cause before a Term Part 47, of the Court to be held at the Courthouse (Room 5), One South Main Street, New City, New York, on November 24, 1999, at 9:30 a.m. in the forenoon or as soon thereafter as counsel can be heard, why this Court should not (a) compel Deja.com, Inc. to remove all defamatory references to Codex Data Systems, Inc. (a/k/a as "CDS," "Codex"), Francis E. Jones (a/k/a "Frank Jones" and "SpyKing") and The Digital Detective Workshop™ (a/k/a "DDW"); (b) compel various Internet service providers to respond to plaintiffs' Subpoenae Duces Tecum, pursuant to CPLR 3102(c), and bring with them all records relating to the information requested within said Subpoenae, and (c) compel the named, and future, Internet service providers to comply by a date certain fixed by the Court, and plaintiffs should not have such and other and further relief as the Court believes just and equitable.
The above-entitled action will be brought for an action in defamation, harassment, intentional infliction of emotional distress, extortion, conspiracy and business interruption against heretofore unknown defendant(s).
Sufficient cause appearing therefore it is further
ORDERED that service of a copy of this Order
and the papers upon which it is based upon the deponents at their
last known addresses by facsimile or electronic mail on or before
the 17th day of November, 1999 shall be deemed good and sufficient
and service.
E N T E R,
s/ William E. Sherwood
J. S. C., as Duty Judge
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
| In the Matter of the Application of
FRANCIS E. JONES and CODEX DATA SYSTEMS, INC. For an Order to Examine Teleport Internet Services d/b/a teleport.com, iVillage, Inc. d/b/a
iVillage.com, Deja.com, Inc. d/b/a deja.com and my-deja.com, Technology
Park Malaysia Corporation Sdn. Bhd. d/b/a waumailcom, Indigo Interactive,
Inc. d/b/a freemail.com.au, Tai Wo Ng d/b/a gigileung.com, HomePage.com,
Inc. d/b/a homepage.com, Zyris Ltd. d/b/a/ "zyworld.com" and
Before Trial, Prior to Instituting Suit. |
ATTORNEY'S AFFIRMATION IN SUPPORT OF ORDER
TO SHOW CAUSE TO COMPEL PRE-ACTION DISCOVERY
Terrance L. Kawles, an attorney at law admitted to practice in the State of New York, affirms the following to be true under penalties of perjury:
1. I am the attorney for the plaintiffs and make this affirmation in support of plaintiffs' Order to Show Cause (a) compelling Deja.com, Inc. to remove all defamatory references to Codex Data Systems, Inc. (a/k/a as "CDS," "Codex") Francis E. Jones (a/k/a "Frank Jones" and "SpyKing") and The Digital Detective Workshop™ (a/k/a "DDW"); (b) compelling various Internet service providers to respond to their respective Subpoenae Duces Tecum, pursuant to CPLR 3102(c), and bring with them all records relating to the information requested within said Subpoenae, and (c) compelling the named, and future, Internet service providers to comply by a date certain fixed by the Court.
2. Also submitted in support of this Order to Show Cause is the affidavit of Francis E. Jones, President of Codex Data Systems, Inc. Mr. Jones states the litany of defamatory writings published to the Internet by persons and/or entities as of yet unknown.
3. Mr. Jones' Affidavit also sets forth, in detail, the ongoing efforts by person and/or entities yet unknown to defame, harass, intentionally inflict emotional distress, extort, conspire and perpetrate business interruption tactics upon himself personally and upon plaintiff Codex Data Systems, Inc. (See the Affidavit of Franics E. Jones dated November 8, 1999 ("Jones Aff."), ¶¶ 2-25; Exhibits A-F.)
4. It is clear from the unknown defendants' actions in this matter that their intent was, and still is, to harass, defame, inflict emotional distress to Mr. Jones personally, and to harass defame and conspire to pertuate a pattern of defamatory and harassing writings and actions in order to destroy the goodwill and business reputation of Codex Data Systems, Inc. and the business and personal goodwill and business reputation of Mr. Jones. (See, Jones Aff., ¶¶ 12-22; Exh. A-D.)
The Plaintiff's Complaint
5. This action, when completed is brought by Mr. Jones, individually and Codex Data Systesms, Inc., a New York corporation located at 167 Route 304, Bardonia, New York 10954 ("CDS"). CDS is a research and development company that specializes in computer-related software, hardware, Internet and new technologies.
6. Plaintiffs are unable to frame a complaint because they are unable to discover the identity or identities of the defendants to this action. All previous attempts to discover the identity of the person(s) and/or entity/entities that published the defamatory, abusive and competitively unfair writings have been thwarted by Internet service providers ("ISP") who refuse to disclose any information about their clients without a judicial order. (See, Jones Aff., ¶¶ 23-23.)
7. Upon information and belief, the potential defendants in this matter have utilized the most evasive techniques available to conceal their identity known to cyberspace. Techniques such as using pseudonyms, giving fraudulent registration information, utilizing foreign and out-of-state free email and website accounts as a base for these writings.
8. Without the use of the power of this Court to compel disclosure of these non-parties, justice in this matter will be denied.
9. I therefore requested that this Court execute an order compelling broad-range pre-action discovery in order to ascertain (a) the identification of all potential defendants; and (b) the length and breadth of this highly organized and orchestrated policy of defamation, character assassination and unfair competition..
PRE-ACTION DISCLOSURE
IS APPROPRIATE IN THIS MATTER
10. A court order is required before commencing an action, to obtain disclosure to aid in bringing an action. (CPLR 3102, subd. [c]).
11. Applications under subd. (c) are to obtain information as to names of prospective defendants against whom a cause of action may exist (Stewart v. Socony Vacuum Oil Co., 3 A.D.2d 582, 163 N.Y.S.2d 22 (3rd Dept.), or to obtain facts not within plaintiff's knowledge, in order to frame a complaint (Matter of Weaver v. Waterville Knitting Mills, 78 A.D.2d 574, 432 N.Y.S.2d 419; Holly v. Holly, 78 A.D.2d 673, 434 N.Y.S.2d 658 (2nd Dept.); Roland v. Deak, 10 A.D.2d 263, 198 N.Y.S.2d 792 (1st Dept.); Eastman Kodak Co. v. Fotomat Corp., 62 Misc.2d 1035, 309 N.Y.S.2d 677).
12. The law is well settled that pre-action disclosure pursuant to CPLR 3102[c] "is available only where there is a demonstration that the party bringing such a petition has a meritorious cause of action and that the information being sought is material and necessary to the actionable wrong" (Liberty Imports v. Phillips Bourget, 146 A.D.2d 535, 536 N.Y.S.2d 784 (1st Dept.); Matter of Gleich v. Kissinger, 111 A.D.2d 130, 489 N.Y.S.2d 510 (1st Dept.).
13. Plaintiffs have has clearly shown meritorious causes of action, inter alia: defendants using the Internet in an ongoing campaign of defamation, abuse and unfair competition;" (Jones Aff., ¶¶ 12-14); defendants admit in their writings that their sole purpose is unlawful (Id., ¶ 14).
14. In addition, due to techniques used by the prospective defendants in hiding their identity through a myriad of Internet techniques, pre-action disclosure is the only method by which plaintiff can ascertain their true identity. (Jones Aff., ¶¶ 15-18; 23-25.)
15. Finally, inasmuch as Deja.com, Inc (d/b/a www.deja.com and www.my-deja.com) merely acts as an archival facility and exercises no editorial discretion over its archive, this Court, based upon the affidavit of Francis E. Jones and the exhibits annexed thereto, make a declaratory ruling and order Deja.com, Inc. to remove all contested archival references to Codex Data Systems, Inc. (a/k/a as "CDS," "Codex") Francis E. Jones (a/k/a "Frank Jones" and "SpyKing") and The Digital Detective Workshop™ (a/k/a "DDW") until the characterization of these writings is reached in a final judicial determination. (See, Jones Aff., ¶¶ 19-22.)
Prior Application
16. No prior application has been made for the relief requested herein.
17. It is necessary to move by Order to Show Cause because of the inability to ascertain the actual name(s) of the potential defendants in this matter without a judicial order to compel Internet service providers to disclose all information in their possession that may lead to the identification of said potential defendants.
WHEREFORE, affirmant prays that plaintiffs' motion be granted, and that an order be issued:
(i) compelling Deja.com, Inc. to remove all defamatory references to Codex Data Systems, Inc. (a/k/a as "CDS," "Codex") Francis E. Jones (a/k/a "Frank Jones" and "SpyKing") and The Digital Detective Workshop™ (a/k/a "DDW");
(ii) pursuant to CPLR 3102[c], compelling various Internet service providers to respond to their respective Subpoenae Duces Tecum, and bring with them all records relating to the information requested within said Subpoenae,DATED: York, New York(iii) compelling the named, and future, Internet service providers to comply by a date certain fixed by the Court; and
(iv) granting defendant such other and further relief at this Court deems proper.
/s/ Terrance L. Kawles
Terrance L. Kawles
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
| In the Matter of the Application of
FRANCIS E. JONES and CODEX DATA SYSTEMS, INC. For an Order to Examine Teleport Internet Services d/b/a teleport.com, iVillage, Inc. d/b/a
iVillage.com, Deja.com, Inc. d/b/a deja.com and my-deja.com, Technology
Park Malaysia Corporation Sdn. Bhd. d/b/a waumailcom, Indigo Interactive,
Inc. d/b/a freemail.com.au, Tai Wo Ng d/b/a gigileung.com, HomePage.com,
Inc. d/b/a homepage.com, Zyris Ltd. d/b/a/ "zyworld.com" and
Before Trial, Prior to Instituting Suit. |
AFFIDAVIT IN SUPPORT OF PLAINTIFFS'
ORDER TO SHOW CAUSE
TO COMPEL RESPONSE TO A SUBPOENA
DUCES TECUM
STATE OF NEW YORK
)
) ss.:
COUNTY OF ROCKLAND )
FRANCIS E. (FRANK) JONES, being duly sworn, deposes and says:
1. I am President of CODEX DATA SYSTEMS, INC. ("CDS"), a New York Corporation located at 167 Route 304, Bardonia, New York 10954. CDS and I are the plaintiffs in this action. I submit this affidavit in support of plaintiffs' Order to Show Cause for an order (a) compelling Deja.com, Inc. to remove all defamatory references to Codex Data Systems, Inc. (a/k/a as "CDS," "Codex") Frank Jones (a/k/a "SpyKing") and The Digital Detective Workshop™ (a/k/a "DDW"); (b) compelling various Internet service providers to respond to their respective Subpoenae Duces Tecum, pursuant to CPLR 3102(c), and bring with them all records relating to the information requested within said Subpoenae, and (c) compelling the named, and future, Internet service providers to comply by a date certain fixed by the Court. The basis for this affidavit are my personal knowledge, conversations with consultants, representatives, employees and the ongoing and usual business practices of CDS, as well as its corporate records.
The Factual Background
2. CDS is a research and development company that specializes in computer-related software, hardware, Internet and new technologies. CDS specializes in creating groundbreaking new digital security and surveillance products and technologies and successfully bringing them to market.
3. CDS' products and services include D.I.R.T.™, B.A.I.T.™, PC PhoneHome™, D2™, D3™, I-D.I.C.E.™ and The Digital Detective Workshop™, among others.
4. In addition, CDS offers a full range of high-tech computer-based services, including computer system risk assessment and consultancy, computer system monitoring and computer forensic services, as well as custom-designed applications for governmental, law enforcement and military use.
The Digital Detective Workshop™
5. Of particular note in this matter is CDS' training workshop entitled, "The Digital Detective Workshop™ ("DDW").
6. The DDW training seminars are held quarterly and are primarily directed toward law enforcement/government/military officials, corporate security and civilian high-tech investigators/consultants.
7. Digital evidence acquisition tools and techniques are demonstrated in this "hands-on"computer investigations training seminar.
8. Industry response to the DDW has been wide-spread and positive. Some past attendees included representatives from such notables as the U.S. Department of Defense, Citibank, IBM Corporation, AT&T, Southern New England Telephone, Ernst & Young, Sears, Daimler-Chrysler, Sun MicroSystems, as well as other US and foreign government computer crime investigators.
9. The DDW course curriculum includes discussions and information on the following topics:
a. Types of Computer Crime;
b. Cyber Law Basics;
c. How to Bypass Passwords;
d. Cracking Encrypted Files;
e. Tracing the Source of E-Mail;
f. How to track a Suspect Online;
g. How to Monitor Online Activity;
h. How to Identify Software Pirates;
i. How to Track & Recover Stolen Laptops & PCs;
j. How to Match a File on a Diskette to a PC;
k. How to Recover Deleted Data;
l. Data Hiding Techniques;
m. Text Search Techniques;
n. Finding Disguised or Hidden Images;
o. How to Find Unique Identifiers in Documents;
p. How to Remotely Monitor a Target PC;
q. How to Create Trackable Electronic Files;
r. Types of Investigative Software; and
s. Actual "Hands-On" Demonstrations of the latest, high-tech evidence gathering software.
10. As part of the DDW package, each participant receives a CD-ROM containing over 400 megabytes of demonstration and evaluation copies of investigative, forensic and security software; and all PowerPoint presentations used during the seminar.
11. Finally, each DDW participant receives a Certificate of Attendance and access to the Digital Detective Workshop "Alumni Area Only" website that continually updates and expands on the material included in the CD-ROM.
An Orchestrated Campaign of Defamation and Disinformation
12. On or about October 1999, a number of "posts" to the Internet appeared aimed specifically at me, CDS and the DDW. As example, one such post from an email address listed as "frankjonesexposed@my-deja.com" and published on the "alt.private.investigator" newsforum, stated the following:
Subject: DIGITAL DETECTIVE WORKSHOP IS A FRAUD
Date: Mon, 18 Oct 1999 09:36:23 GMT
* * *
** CONSUMER WARNING **
DON'T BOTHER WITH HIS SO CALLED DIGITAL DETECTIVE WORKSHOP ON DEC 3RD. IT'S A CRIMINAL SCAM, HE SELLS AND PROMOTES FREE SHAREWARE AS IF HE CODED IT AND IS THE ONLY ONE YOU CAN GET IT FROM, BEWARE, YOU WILL BEWASTING YOUR MONEY AND TIME, THIS GUY IS A TOTAL CON MAN AND SCAM ARTIST, BEWARE! (A copy of this email is attached hereto as Exhibit "A.")
13. The ongoing pattern of harassment, defamation and unfair competition continues through various Internet service providers ("ISP"), despite our vigilant efforts to register formal complaints with each ISP. Typically, the defendant(s) use free email accounts hosted by both foreign and domestic ISPs. Some of the known ISPs that have hosted the defendants' defamatory and unfairly competitive email addresses are:
a. deja.com; (Texas)
b. my-deja.com; (New York)
c. waumail.com; (Malaysia)
d. teleport.com; (Oregon)
e. gigileung.org; (Hong Kong)
f. freemail.com.au (Australia)
14. The publications have taken an increasingly threatening and hostile tone. For example, the following email from both kawleshasnodick@freemail.com.au and frankjonesexposed@my-deja.com was posted not only to the alt.private.investigators news forum, but also sent to the principals of CDS, as well as to hundreds of professional colleagues:
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From: "CANT HIDE THE TRUTH " <kawleshasnodick@freemail.com.au>
To: ddwreg@codexdatasystems.com, tkawles@tco.com, cds@ucs.net, sales@codexdatasystems.com,
farokh@mcf.com
Subject: You just don't get it yet,,, do you ?
Date: Fri, 05 Nov 1999 21:25:13 +1100
Message-ID: <073aa28151005b9SYNTSQ01@smtprelay02.freemail.com.au>
You just don't get it yet,,, do you ?
TERRY KAWLES CANT HIDE THE TRUTH ABOUT THE FRAUDULENT DIGITAL DETECTIVE WORKSHOP, SO HE TRIES TO ATTACK ANYBODY HE THINKS HE OR HIS PARTNER FRANK JONES MAY HAVE SCREWED IN THE PAST, IS HE SO DEVOID OF ANY BRAINS
THAT HE CANT SEE THAT THERE ARE AT LEAST 19 PEOPLE NOW THAT HAVE JOINED TOGETHER TO SHUT HIM DOWN AND RID THE WORLD OF THE CONVICTED FELLON [sic] FRANK JONES.
IT IS NOW OUR ONE AND ONLY GOAL TO CLOSE DOWN THE DDW SCAM ONCE AND FOR ALL, WHILE AT THE SAME TIME, WARNING EVERYONE ABOUT THE CRIMINAL AND FRUADULENT [sic] OPERATIONS OF CODEX DATA SYSTEMS!
KISS KISS,,,,,---------------------------------- (Emphasis added..) (A copy of this email is annexed hereto as Exhibit "B.")
Anonymous Email and Web sites
15. These unknown defendants take advantage of free web site services to post defamatory and abusive material as a central repository. They then send anonymous emails to hundreds of people that would normally not receive their publications (due to anti-spamming software on their computer) hoping that they will go to this repository to view the material. The following ISPs have been used to host such websites:
a. zyworld.com; (UK)
b. iVillage.com; and (New York)
c. Homepage.com.(California)
16. This list is continually subject to revision because the defendants move on to other free web sites when CDS is successful in closing down any newly discovered web site. (Copies of administrative contacts for each of the ISPs above in ¶¶ 13-15 are annexed hereto as Exhibit "C."
ISP Response to Requests for Information
17. Plaintiffs methodically register complaints with all ISPs that either host free web sites, free email, or archive the public postings of defamatory and unfairly competitive materials. Universally, they all require a court order before they will remove this defamatory material and/or divulge all potential information that can be used to identify the defendants. Such information is the ONLY way that plaintiffs can launch an investigation to discover of the actual identity of the defendant(s). Examples of information required in order to seek the identity of the defendant(s) in this action are, without limitation, the following:
a. Registration name, address, telephone or email information;
b. Log-in information about the defendants' contact with these ISPs in order to (i) send an email message; or (ii) send information to their respective free web sites;
c. The ISP log-on number and/or the telephone number from which the defendant logged-on.
18. Once this information is received, the investigation is still not completed. Chances are the registration information given by the defendant(s) is fraudulent, requiring a second level of inquiry at the ISP log-on level. Based upon the information received from the ISPs of the free email and web site hosts, plaintiffs will then discover the original source of the material from the ISP from which the defendant(s) uses to log on to the Internet.
Deja.com, Inc.as Newsnet Archive
19. Deja.com, Inc. (d/b/a "www.deja.com" and "www.my-deja.com") is, according to its own press release, "the most comprehensive newsgroup search utility on the World Wide Web, [providing] the availability of more than 14 months of searchable Usenet newsgroup postings[.] * * * [This] archive now offers site visitors more than 15,000 newsgroups and serves more than 80 million articles, thereby establishing itself as the largest text database on the Internet today."
20. In general, most email posts to Usenet newsgroups expire within a calendar month and are removed. Therefore, if any defamatory or abusive material is posted, its shelf life is no more than 30-60 days.
21. Unfortunately, Deja.com, Inc. unwittingly not only archives such defamatory or abusive postings beyond the 30-60 day range into well over 14 months, it also provides a comprehensive search engine to find it. Therefore, individuals or companies whose goal is to use such posts as part of an orchestrated "smear" campaign are many times successful due to the utilization of Deja.com, Inc.'s archives and search engines.
22. Unfortunately, although this material violates Deja.com, Inc. usage policy (which gives Deja.com, Inc. sole discretion to determine such violations), Deja.com, Inc. will not act to remove such material unless and until they receive a judicial order to do so. A copy of a letter from Michael B. Sapherstein, Associate Counsel for Deja.com, Inc. dated October 27, 1999, is annexed hereto as Exhibit "D."
The Civil Court Action
23. Despite ongoing efforts to ascertain the identity of those perpetrating these wrongdoings, we have been unable to secure such information without a judicial order and/or subpoena . Copies of reply letters and emails from various Internet service providers are annexed hereto as Exhibit "E."
24. Without the information that is in the Internet service providers' possession, we lack the information necessary to accurately draw a complaint and name (and serve) the actual defendant(s) in this matter.
25. Despite all of CDS's effort to resolve the matter outside judicial intervention, we must now seek judicial intervention in order to properly begin an action.
WHEREFORE, deponent prays for an order, (a) compelling Deja.com, Inc. to remove all defamatory references to Codex Data Systems, Inc. (a/k/a as "CDS," "Codex") Frank Jones (a/k/a "SpyKing") and The Digital Detective Workshop™ (a/k/a "DDW"); (b) compelling various Internet service providers to respond to their Subpoenae Duces Tecum, pursuant to CPLR 3102(c), and bring with them all records relating to the information requested within said Subpoenae, and (c) compelling the named, and future, Internet service providers to comply by a date certain fixed by the Court as well as any such other and further relief as to the court may appear just and proper.
/s/ Francis E. Jones
Francis E. Jones
Sworn to before me this 8th
day of November, 1999.
Terrance L. Kawles
Notary Public
[SEAL]
Subject: DIGITAL DETECTIVE WORKSHOP IS A FRAUD
Date: 1999/10/18
Author: frankjonesexposed <frankjonesexposed@my-deja.com>
Posting History Member Profile
** CONSUMER WARNING **
DON'T BOTHER WITH HIS SO CALLED DIGITAL
DETECTIVE WORKSHOP
ON DEC 3RD. IT'S A CRIMINAL SCAM,
HE SELLS AND PROMOTES FREE
SHAREWARE AS IF HE CODED IT AND IS
THE ONLY ONE YOU CAN GET
IT FROM, BEWARE, YOU WILL BE WASTING
YOUR MONEY AND TIME,
THIS GUY IS A TOTAL CON MAN AND SCAM
ARTIST, BEWARE!
DONT GET SCREWED !
Sent via Deja.com http://www.deja.com/
Before you buy.
Exhibit B1
Subject: TERRY KAWLES CANT HIDE THE TRUTH
Date:1999/11/05
Author: frankjonesexposed <frankjonesexposed@my-deja.com>
Posting History Member Profile
TERRY KAWLES CANT HIDE THE TRUTH ABOUT
THE FRAUDULENT
DIGITAL DETECTIVE WORKSHOP, SO HE
TRIES TO ATTACK ANYBODY
HE THINKS HE OR HIS PARTNER FRANK
JONES MAY HAVE SCREWED
IN THE PAST, IS HE SO DEVOID OF ANY
BRAINS THAT HE CANT SEE
THAT THERE ARE AT LEAST 19 PEOPLE
NOW THAT HAVE JOINED
TOGETHER TO SHUT HIM DOWN AND RID
THE WORLD OF THE
CONVICTED FELLON [sic] FRANK
JONES.
IT IS NOW OUR ONE AND ONLY GOAL TO
CLOSE DOWN THE DDW
SCAM ONCE AND FOR ALL, WHILE AT THE
SAME TIME, WARNING
EVERYONE ABOUT THE CRIMINAL AND FRUADULENT
OPERATIONS OF
CODEX DATA SYSTEMS!
KISS KISS,,,,,
Sent via Deja.com http://www.deja.com/
Before you buy.
Exhibit B2
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From: "CANT HIDE THE TRUTH " <kawleshasnodick@freemail.com.au>
To: ddwreg@codexdatasystems.com, tkawles@tco.com,
cds@ucs.net,
sales@codexdatasystems.com, farokh@mcf.com
Subject: You just don't get it yet,,,
do you ?
Date: Fri, 05 Nov 1999 21:25:13 +1100
Message-ID: <073aa28151005b9SYNTSQ01@smtprelay02.freemail.com.au>
You just don't get it yet,,, do you ?
TERRY KAWLES CANT HIDE THE TRUTH ABOUT
THE FRAUDULENT DIGITAL DETECTIVE
WORKSHOP, SO HE TRIES TO ATTACK ANYBODY
HE THINKS HE OR HIS PARTNER
FRANK JONES MAY HAVE SCREWED IN THE PAST,
IS HE SO DEVOID OF ANY BRAINS
THAT HE CANT SEE THAT THERE ARE AT LEAST
19 PEOPLE NOW THAT HAVE JOINED
TOGETHER TO SHUT HIM DOWN AND RID THE
WORLD OF THE CONVICTED FELLON [sic]
FRANK JONES.
IT IS NOW OUR ONE AND ONLY GOAL TO CLOSE
DOWN THE DDW SCAM ONCE AND FOR
ALL, WHILE AT THE SAME TIME, WARNING EVERYONE
ABOUT THE CRIMINAL AND
FRUADULENT OPERATIONS OF CODEX DATA SYSTEMS!
KISS KISS,,,,,
----------------------------------------
Get your own free email account at
http://www.freemail.com.au/
----------------------------------------
Exhibit C1
Registrant:
Teleport Internet Services
(TELEPORT-DOM)
319 SW Washington
Portland, OR 97204
Domain Name: TELEPORT.COM
Administrative Contact, Technical Contact, Zone Contact:
Teleport Network Operations
(TLP-NOC) hostmaster@TELEPORT.COM
tel.Fax- .: 503-223-4372
Fax- - .: 503-223-4372
Billing Contact:
Teleport Network Operations
(TLP-NOC) hostmaster@TELEPORT.COM
tel.Fax- .: 503-223-4372
Fax- - .: 503-223-4372
Record last updated on 01-Sep-1999.
Record created on 19-Feb-1993.
Database last updated on 11-Nov-1999 12:24:00 EST.
Domain servers in listed order:
NS.TELEPORT.COM 192.108.254.11
NS1.ISPC.ORG 207.106.7.7
NS2.ISPC.ORG 209.124.64.
Exhibit C2
Registrant:
iVillage (IVILLAGE-DOM)
170 Fifth Avenue
New York, NY 10010
Domain Name: IVILLAGE.COM
Administrative Contact, Technical Contact, Zone Contact:
Registration, iVillage
(RI17-ORG) regmaster@IVILLAGE.COM
212-604-0963, ext. 259
Fax- 212-604-9133
Billing Contact:
Billing, iVillage (BI34-ORG)
regbill@IVILLAGE.COM
(212) 946-2656
Fax- (212) 604-9133
Record last updated on 18-Nov-1998.
Record created on 26-Jul-1995.
Database last updated on 11-Nov-1999 12:24:33 EST.
Domain servers in listed order:
NS1.IVILLAGE.COM 209.185.162.15
NS2.IVILLAGE.COM 209.185.162.16
Exhibit C3
Registrant:
Deja News, Inc. (MY-DEJA2-DOM)
9430 Research Blvd,
Echelon II, Suite 300
Austin, TX 78759 US
Domain Name: MY-DEJA.COM
Administrative Contact:
DNS Administrator, Deja
News (DA5115-ORG) dnadmin@DEJANEWS.COM
1-512-343-6397
Ttechnical Contact, Zone Contact:
DNS Technician, Deja
News (DA389-ORG) dntech@DEJANEWS.COM
1-512-343-6397
Billing Contact:
Accounts Payable, Deja
News (AP4214-ORG) dnacct@DEJANEWS.COM
1-512-343-6397
Record last updated on 29-Apr-1999.
Record created on 15-Apr-1999.
Database last updated on 11-Nov-1999 12:24:00 EST.
Domain servers in listed order:
DNS-X.WHOWHERE.COM 209.185.123.7
DNS-C.WHOWHERE.COM 209.185.123.64
Exhibit C4
Registrant:
Deja News, Inc. (DEJA7-DOM)
9430 Research Blvd.
Echelon II Suite 300
Austin, TX 78759 US
Domain Name: DEJA.COM
Administrative Contact:
DNS Administrator, Deja
News (DA5115-ORG) dnadmin@DEJANEWS.COM
1-512-343-6397
Technical Contact, Zone Contact:
DNS Technician, Deja
News (DA389-ORG) dntech@DEJANEWS.COM
1-512-343-6397
Billing Contact:
Accounts Payable, Deja
News (AP4214-ORG) dnacct@DEJANEWS.COM
1-512-343-6397
Record last updated on 07-May-1999.
Record created on 10-Mar-1999.
Database last updated on 11-Nov-1999 12:24:00 EST.
Domain servers in listed order:
ODNS1.DEJANEWS.COM 208.10.192.67
ODNS2.DEJANEWS.COM 208.10.192.68
NS.DEJANEWS.COM 205.238.157.74
Exhibit C5
Registrant:
Technology Park Malaysia
Corporation Sdn. Bhd. (WAUMAIL-DOM)
Resource Centre, Lebuhraya
Puchong -
Sg. Besi, Bukit Jalil
Kuala Lumpur, WP 57000
MALAYSIA
Domain Name: WAUMAIL.COM
Administrative Contact:
Mansor, Maznah (MM18983)
maznah@TPM.COM.MY
+603-968-1952 (FAX)
+603-968-1964
Technical Contact, Zone Contact:
Zainal, Mohd Affendy
(MAZ33) affendy@TPM.COM.MY
+603-968-1967 (FAX)
+603-968-1964
Billing Contact:
Mansor, Maznah (MM18983)
maznah@TPM.COM.MY
+603-968-1952 (FAX)
+603-968-1964
Record last updated on 09-Nov-1998.
Record created on 09-Nov-1998.
Database last updated on 11-Nov-1999 12:24:00 EST.
Domain servers in listed order:
LEBAH.WAUMAIL.COM 202.185.199.250
SEMUT.WAUMAIL.COM 202.185.199.25
Exhibit 6
Don't have a free email
account?
Then create one now!
freemail.com.au is proudly
brought to you by
[indigo interactive]
Welcome to freemail.com.au
To access your email account, please enter your username and password.
Username:
Password:
Phone: +61 (0)2 9310 2157
Fax: +61 (0) 2 9319 3948
Postal Address:
PO Box 1342
Strawberry Hills NSW
2012
Australia
Street Address:
35 - 37 Renwick Street
Redfern NSW 2016
Australia
Exhibit C7
Registrant:
Tai Wo Ng (GIGILEUNG7-DOM)
12/F, Grand Court, 6
Babington Path,Hong Kong
Hong Kong, no
HK
Domain Name: GIGILEUNG.ORG
Administrative Contact:
Ng, Dennis (DN4993) dennis@GIGILEUNG.NET
852-25490263
Technical Contact, Zone Contact:
Network Operation (NO545-ORG)
noc@OUTBLAZE.COM
852 2591 6219
Fax- 852 2832 7807
Billing Contact:
Ng, Dennis (DN4993) dennis@GIGILEUNG.NET
852-25490263
Record last updated on 13-Jun-1999.
Record created on 19-Oct-1998.
Database last updated on 11-Nov-1999 12:24:00 EST.
Domain servers in listed order:
NS1.PORTAL2.COM 203.85.226.193
NS1.OUTBLAZE.COM 209.249.50.96
Exhibit C8
Registrant:
HomePage.com, Inc. (HOMEPAGE35-DOM)
130 W. Union Street
Pasadena, CA 91103
US
Domain Name: HOMEPAGE.COM
Administrative Contact, Technical Contact, Zone Contact:
Henandez, Harvey (HH1022)
Cyberhh@MSN.COM
305 436-8828 (FAX) 305
436-8838
Billing Contact:
HomePage Billing (HB956-ORG)
billing@HOMEPAGECORP.COM
626-585-6900
Fax- 626-535-2701
Record last updated on 02-Nov-1999.
Record created on 02-Nov-1999.
Database last updated on 11-Nov-1999 12:24:00 EST.
Domain servers in listed order:
NS1.IDEALAB.COM 209.143.242.142
NS2.IDEALAB.COM 207.213.50.30
Exhibit C9
Registrant:
Zyris Ltd (ZYWORLD-DOM)
Gaddesden Place
Hemel Hempstead, Herts
HP2 6EX
UK
Domain Name: ZYWORLD.COM
Administrative Contact, Technical Contact, Zone Contact:
Smith, Tim (TS303) tim@ZYNET.NET
+44 (0)1392 209500 (0)1392
209500 (FAX) +44 (0)1392 421762
Billing Contact:
Accounts Department (AD151-ORG)
accounts@ZYNET.NET
+44 (0)1392 209500
Fax- +44 (0)1392 421762
Record last updated on 11-Aug-1997.
Record created on 11-Aug-1997.
Database last updated on 11-Nov-1999 12:24:00 EST.
Domain servers in listed order:
DNS0.ZYNET.NET 194.154.160.1
DNS2.ZYNET.NET 194.154.160.33
DNS1.ZYNET.NET 194.154.160.17
October 27, 1999
Terrance L. Kawles, Esq.
167 Route 304, Suite B-4
Bardonia, NY 10954
RE: CODEX DATA SYSTEMS, INC. SUBPOENA TO IDENTIFYDear Mr. Kawles:
PERSONS (DATED OCTOBER 21, 1999)
We have received the subpoena dated October 21, 1999, in the case of Codex Data Systems, Inc. et al. V. XYZ Corporations, et al. Our policy is to comply with validly served and proper subpoenas requesting information.
While we understand the importance to your client of identifying the individual who posted the allegedly libelous statements, we cannot provide the information you have requested for several reasons. First, the subpoena is facially defective, as it lacks an index No. corresponding to the case at hand. Second, the subpoena was sent by mail, rather than properly served by a court officer or cashier. Third, the subpoena does not provide sufficient time for Deja.com to respond to the request for information. Finally, it is manifestly inconvenient and unnecessary for a representative of Deja.com to appear personally in Rockland County, New York, to provide the requested information.
Deja.com is prepared to cooperate with a validly served and prepared subpoena, which provides the company sufficient time to research the requested information and affords a reasonable method by which to supply the information (e.g., by mail or facsimile). Please do not hesitate to contact me with any questions.
Very truly yours,
/s / Michael B Sapherstein
Michael B. Sapherstein
Associate Counsel
Deja.com, Inc.
cc: Richard B. Gorelick, Esq.
Hi Terrance,
I have disabled the ddwscam@freemail.com.au account for breach of our terms of service, as well as:
ddwfelon@freemail.com.au
ddwfraud@freemail.com.au
ddwcrooks@freemail.com.au
As per your request for logs and copies of emails, I am unable to provide these under restrictions imposed by Australian Privacy Laws. Such a request needs to come via an Australian Court Order or from one of the Australian Police Services. It would be appropriate to contact your local law enforcement agency and request they liase with an Australian Police Service to obtain this information.
Yours,
Derek O'Neil
freemail.com.au System Administrator
----------------------------------------
Get your own free email account at
http://www.freemail.com.au/
----------------------------------------
Exhibit E2
X-Sender: fjones%codexdatasystems.com@mail.codexdatasystems.com
X-Mailer: QUALCOMM Windows Eudora Pro
Version 4.2.0.58
Date: Thu, 11 Nov 1999 12:56:54 -0500
To: tkawles@codexdatasystems.com
From: "Mike Gilbert" <magilbert@mail.ivillage.com>
(by way of "Terrance L. Kawles, Esq." <tkawles@codexdatasystems.com>)
(by way of FJ <fjones@codexdatasystems.com>)
Subject: Your Complaint
Mime-Version: 1.0
Content-Type: text/plain; charset="us-ascii";
format=flowed
Mr. Kawles - Your complaint dated October
23, 1999 which was delivered by
e-mail to Ted Silverman of iVillage Inc.
was referred to me. iVillage Inc.
has investigated your complaint and the
allegations you have raised and is
internally addressing them with the allegedly
offending member pursuant to
iVillage's Terms of Service. If you wish
iVillage Inc. to release this
member's identity and other personal information
to you, you will have to
present to iVillage a subpoena or other
valid court order requesting this
information. Please contact me if you
have any questions regarding this
matter.
Michael A. Gilbert
Associate General Counsel
iVillage Inc.
212 Fifth Avenue
New York, New York 10010
(212) 206-3167
(212) 689-9854
The information transmitted is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any review, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this in error, please contact the sender and delete the material from any computer.
Exhibit E3
Orrick, Herrington
& Sutcliffe LLP
October 27, 1999
Internet
Direct Dial
jconciatori@orrick.com
(212) 506-3765
BY FACSIMILE
Terrance L. Kawles, Esq.
Vice President-General Counsel
Codex Data Systems, Inc.
167 Route 304
Bardonia, NY 10954
Re: Codex Data Systems, Inc.
Dear Mr. Kawles:
iVillage Inc. has asked us to respond to your letter to Michael Gilbert, dated October 26, 1999, which enclosed a purported subpoena duces tecum served in connection with an action captioned Codex Data Systems, Inc. and Frank Jones v. XYZ Corporations and John Does 1-20. To resolve any doubt regarding the validity of the subpoena, please fax to me either (i) a copy of the complaint filed in that action setting forth with the requisite specificity the word alleged to libelous, the index number and justice assigned to it, or (ii) an order permitting pre-action disclosure under CPLR 3102[c]. In the absence of either a pending underlying civil action or a valid order, a subpoena of the type served here is neither valid nor enforceable. If you disagree, and have supporting authority for your position, please provide it for our consideration. As Mr. Gilbert has previously indicated to you, iVillage will defer compliance with your demand until it has received a valid and duly issued subpoena.
Sincerely,
/s/ Jeffrey A. Conciatori
Jeffrey A. Conciatori
cc: Michael A. Gilbert, Esq. (via
fascimile)
666 Fifth Avenue * New
York, N.Y. 10103-0001
Telephone 212 506 5000
* Facsimile 212 506 5151
London * Los Angeles
* Sacramento * San Francisco * Silicon Valley * Singapore * Tokyo * Washington,
D.C.
* A MULTINATIONAL PARTNERSHIP