[SunHELP] Yahoo! News Story - It Shouldn't Be Hard to Spot Her

[Phil Stracchino]

On Thu, Feb 12, 2004 at 09:48:06AM -0800, Jim Pennino wrote:
> On Thu, Feb 12, 2004 at 11:24:12AM -0600, Bill Bradford wrote:
> > On Thu, Feb 12, 2004 at 12:19:30PM -0500, Phil Stracchino wrote:
> > > No cyberstalking statutes in Texas that you can invoke?
> > 
> > They're in California.
> > 
> > Bill
> 
> California has a cyberstalking law.
> 
> Problem is the threat part:
> 
> "As a result of that pattern of conduct, the plaintiff
> reasonably feared for his or her safety, or the safety of an
> immediate family member." 


The way I would present it is something like this:

"This guy and his friends have been harassing me for more than four
years and have repeatedly attempted to disrupt online services that I
provide to the Sun user community.  He has repeatedly publicly incited
others to harass myself and my wife, and over the last four years he has
repeatedly sent me packages or messages to make certain I know that he
knows where I work, he knows where I live, and he knows my phone number.
While he has not yet attempted to commit any direct physical harm to
myself or my wife, these packages and messages are an obvious implicit
threat that he has the ability to do so at any time he wishes."

And, whether it's true or not, the magic words to use in a California
case are, "His actions cause me to fear for my and my wife's safety." 
It doesn't matter if your inner voice is saying, "I'm not the least
afraid of this guy, if he ever makes a move at me I can spread his
brains from here to the mailbox before he gets to the front stoop," you
tell them you fear for your safety.  It's like the Ghostbusters line --
if California LEOs ask you, "Are or were you in fear for your life," you
answer, "YES!"


-- 
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 : phil stracchino : unix ronin : renaissance man : mystic zen biker geek :
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