2019-01-20 - Cory Machado: "Retraction Demand and Notice of Potential Legal Action" -

Status
Not open for further replies.

gREEEEEEEEEr

kiwifarms.net
That second demand couldn’t possibly hold up in court? It essentially proves the statement that he is a stalker. What other reason would you need someone’s name and address for?
To sue them.

Null isn't liable for anything that someone else posted, so demanding the poster's dox is a thinly veiled threat of suing the poster directly next. I think it's an empty threat, but we shall see.
 

AnOminous

do you see what happens
True & Honest Fan
Retired Staff
kiwifarms.net
To sue them.

Null isn't liable for anything that someone else posted, so demanding the poster's dox is a thinly veiled threat of suing the poster directly next. I think it's an empty threat, but we shall see.
Arguably, the Electronic Communications Privacy Act (specifically the part often called the Stored Communications Act) prohibits site owners from disclosing such personal information without a court order requiring it, making the threat letter an attempt to demand illegal activity by @Null. At the very least, such behavior borders on unethical.
 

gREEEEEEEEEr

kiwifarms.net
Arguably, the Electronic Communications Privacy Act (specifically the part often called the Stored Communications Act) prohibits site owners from disclosing such personal information without a court order requiring it, making the threat letter an attempt to demand illegal activity by @Null. At the very least, such behavior borders on unethical.
TIL, thanks. I'm sure it would violate all kinds of EU law, but I wasn't aware of whether the US had any similar privacy laws in place.

It's a really weird request, too, because there is no feasible way that Null would even have all of that information. The only thing that he possibly could have is an IP address. If Cory was able to get the IP address, then the poster's ISP would have to be subpoena'd next to get their identity. And the Cable Privacy Act basically makes it illegal for an ISP to disclose a subscriber's IP address without a court order.

Also at stake is whether an IP address is even considered personally identifying. As far as I know, courts, at least in the US, have not yet been able to agree on whether it is or not.
 

AnOminous

do you see what happens
True & Honest Fan
Retired Staff
kiwifarms.net
It's a really weird request, too, because there is no feasible way that Null would even have all of that information. The only thing that he possibly could have is an IP address. If Cory was able to get the IP address, then the poster's ISP would have to be subpoena'd next to get their identity. And the Cable Privacy Act basically makes it illegal for an ISP to disclose a subscriber's IP address without a court order.
He could and probably does have an email address. It probably is not valid or connected to any identity and may not even currently exist. He probably also doesn't have IP addresses, according to his previous claims on the issue, and only keeps such records briefly.
 

AriGiga

kiwifarms.net
So Cory’s ways of getting the info could get him in trouble instead?
No. There's nothing strictly wrong with asking for the information, beyond the stupidity of it, it's actually disclosing that information that would be a problem. At least, if I understand this right.
 

yawning sneasel

Fully Loaded
Staff Member
Community Admin
True & Honest Fan
kiwifarms.net
He could and probably does have an email address. It probably is not valid or connected to any identity and may not even currently exist. He probably also doesn't have IP addresses, according to his previous claims on the issue, and only keeps such records briefly.
This is 100% true. Plus, as people were instructed a few times already, most people have most likely changed their email address to some throwaway.

https://kiwifarms.net/threads/the-great-purge.28386/

It is good ethics to not keep information on file like that. I really don't think this lawdude would find what he's claiming to want even if he was being serious and even if he got someone to take him serious.
 

Sho'nuff

Choppin' your pizzeria.
kiwifarms.net
Do lawyers get paid for just sending out letters? He could be looking for a quick buck.
Just to expand on this. There are a lot of different "types" of lawyers. I use the word type not meaning IP/Copyright, personal injury, corporatelaw, tax, etc... I mean the way the lawyer operates, how honest they are, how they basically treat the law.

If this were a more honest take down request, the assumption could be made that this guy was hired by Corey to sue Null, and the lawyer probably told Corey he had no case, but Corey was insistent so this guy is clocking time to send a C&D, maybe get lucky and Null doesn't know his shit, otherwise he is getting paid and doing what he can, but this isn't a high paying client for him.

But this guy isn't all that honest. It appears that he is trying to scare Null and/or the poster into settling a lawsuit. It's a common tactic used by Ip/Copyright troll, they threaten law suits that are often baseless, and if you take them to court over it, they stall it out and basically bankrupt you before the case ends. This guy looks to be setting up for the same tactic. And honestly, I'd think that Null's response might spur him into a more litigious response, he might assume Null is acting as his own lawyer because he is knowledgeable, which a pro se defendant is best case scenario for these assholes. They wield the law like it's only there for them to leverage people.
 

Haramburger

kiwifarms.net
Is it normal for lawyers to work in their homes if they are not a part of a firm? Googling the address pulls up a house.
It's normal for small law firms to have their offices in what looks like a house. Small doctor practices too, but sometimes a nice house is actually a exceptional little office building because of zoning and being cheaper.

upload_2019-1-22_11-55-49.png
 
Last edited:

Joshthecrybaby

kiwifarms.net
“I would like to applaud the sheer audacity of this email. Even though my
site's legal contact information is supplied by the domain and publicly
posted in multiple places throughout the websites, you went out of your
way to find the old information. You've addressed this to the house my
voter registration information is tied to, and used two personal emails
to avoid send it to <legal@kiwifarms.net>. Your intent was to intimidate me.”

The irony...
 
Status
Not open for further replies.

About Us

The Kiwi Farms is about eccentric individuals and communities on the Internet. We call them lolcows because they can be milked for amusement or laughs. Our community is bizarrely diverse and spectators are encouraged to join the discussion.

We do not place intrusive ads, host malware, sell data, or run crypto miners with your browser. If you experience these things, you have a virus. If your malware system says otherwise, it is faulty.

Supporting the Forum

How to Help

The Kiwi Farms is constantly attacked by insane people and very expensive to run. It would not be here without community support.

We are on the Brave BAT program. Consider using Brave as your Browser. It's like Chrome but doesn't tell Google what you masturbate to.

BTC: 1EiZnCKCb6Dc4biuto2gJyivwgPRM2YMEQ
BTC+SW: bc1qwv5fzv9u6arksw6ytf79gfvce078vprtc0m55s
ETH: 0xc1071c60ae27c8cc3c834e11289205f8f9c78ca5
LTC: LcDkAj4XxtoPWP5ucw75JadMcDfurwupet
BAT: 0xc1071c60Ae27C8CC3c834E11289205f8F9C78CA5
XMR: 438fUMciiahbYemDyww6afT1atgqK3tSTX25SEmYknpmenTR6wvXDMeco1ThX2E8gBQgm9eKd1KAtEQvKzNMFrmjJJpiino