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Pastimes : Investment Chat Board Lawsuits -- Ignore unavailable to you. Want to Upgrade?


To: heronwater who wrote (5553)1/14/2004 8:28:20 PM
From: EL KABONG!!!  Read Replies (1) | Respond to of 12465
 
Hi heronwater,

Furthermore, in previous telephone conversations with plaintiff, Zwebner has stated that he has the ability to send a virus within an email that will track all incoming and outgoing emails. For this reason, Hohenhouse refuses to communicate with Zwebner via email. Plaintiff has also publicly implied that he has access to Carnivore a surveillance tool for data networks. (Exhibits E, F, G and H) If Zwebner persists in his conduct, Hohenhouse will be seeking an Order by this court, limiting communications to phone conversations and seeking authorization by this court to record all said conversations.

I believe that the software known as "Carnivore" is a product and a tool used only and solely by the FBI and only under certain and specific conditions authorized within the agency. To allege access to, or use of, the Carnivore software (to me) implies that one is stating that one is at least associated in an official capacity with the FBI.

If plaintiff Zwebner has alleged he has access to (as implied and/or stated in the court document), and/or use of, the Carnivore software, then in my opinion, by extension, plaintiff Zwebner may be falsely and/or unintentionally representing himself to be associated with, or employed by the FBI. I know nothing of plaintiff Zwebner's employment, nor am I aware of any association or employment by the FBI, nor have I been made aware of any such association or employment by the FBI. Therefore, I presume in the absence of any evidence to the contrary that plaintiff Zwebner has no association with, or employment by, the FBI in an official capacity.

I recall something similar some years ago now, where a defendant never stated s/he was an FBI agent (or Secret Service or CIA, whatever), but made reckless statements that would lead a reasonable person to believe that s/he was indeed an authorized agent of the Federal government, when in fact, that was not the truth. I believe the individual was charged with something akin to falsely representing himself/herself to be an agent of the Federal government, and was subsequently convicted, although I cannot recall the specific details of the case, nor any punishment (presuming any possible appeals were unsuccessful) if any.

KJC