Harvey, I am in receipt of the following email sent to you by
Gayle Essary. I am posting this so everyone can read his irrational writings; also, I am encouraging everyone who has received unsolicited and unwanted emailings from Gayle Essary to send a complaint to
abuse@pipeline.com
__________________________________________________________________
Subject:
PRIVATE AND COPYRIGHTED RESPONSE: DEFAMATION CONSIDERATIONS
Date:
Wed, 10 Jun 1998 08:32:22 -0400 (EDT)
From:
Tralfamadore <nymg@pipeline.com>
To:
harvey <harvey@tampabay.rr.com>
CC:
brad@techstocks.com, jeff@techstocks.com, jill@techstocks.com, mgmt@go2net.com, search@go2net.com,
business@go2net.com, playsite@go2net.com, investor-relations@go2net.com, kirby@go2net.com,
jenniferm@insync-pr.com, brad@techstocks.com, jeff@techstocks.com, jill@techstocks.com, mgmt@go2net.com,
search@go2net.com, business@go2net.com, playsite@go2net.com, investor-relations@go2net.com,
kirby@go2net.com, jenniferm@insync-pr.com, roundtrip5@aol.com, ddotnek@bellsouth.net,
brad@techstocks.com, jeff@techstocks.com, jill@techstocks.com, mgmt@go2net.com, search@go2net.com,
business@go2net.com, playsite@go2net.com, investor-relations@go2net.com, kirby@go2net.com,
jenniferm@insync-pr.com, likkit@go2net.com, harvey@tampabay.rr.com, cigars97@bellsouth.net,
ddotnek@bellsouth.net, stkguru@netside.net, bogart@inc-net.com, Tigre@dataplusnet.com
At 06:29 AM 6/10/98 -0400, you wrote:
>Gayle,,,,Check out the GIFS thread. I posted thd "DEFAMATION
>CONSIDERATIONS" article that you sent me so all could see. Your welcome
>in advance. No need to respond, I'm fixing to walk out the front door
>and won't be home until 10 pm tonight.
>
>Harvey Kirby
=== Right, Harvey, even though it said it was copyrighted ... the last thing
I want to do is to have ANYTHING I write on SI. As you know the
information specifically said it could not be posted, and you KNOW that, you
S.O.B. I do not post on SI, and never have, because I am not giving anyone
the benefit of claiming that I ever engaged in any public discussions about
anything! And that is the reason that I have NEVER given permission for
anything I have said to be posted publicly, even though SI has allowed that
to be violated again and again.
This is a major legal technical consideration ... if I never posted
publicly, then nothing ever said about any stock in the publication I
moderated in any public place was authorized, and in fact during that period
we sought mightily to have SI remove it, and we took people off the list for
posting publicly. Some of those removed for that purpose are on this
communication. And I have never engaged in any public dialogue afterwards.
I have kept my legal right to privacy absolute and absolutely sacrosanct.
It is a prima facie right to privacy.
That which you posted was a private communication primarily aimed at the
attorney for SI, to let her know that there are many venues for suit for
defamation and other procedures. I am also copying an attorney who has
read your material and the material of Mr. Todd in detail and with whom I am
discussing the legal action should SI persist in allowing this to occur.
Take it down now ... this is also to put you on formal notice that I had
spoken to the FBI (Agents William Gavin and Bob Shea at 212-384-4451) about
your threats to my children and the threats of your collaborator, who put
you up to investigating me, who was employed by and may still be an agent of
a drug cartel who had apparently installed the CEO who is a fugitive to head
up the company involved so he could launder money, and I spoke to Mr. Todd
about that and he immediately quit corresponding with me.
I consider you and he to be dangerous -- as he has talked publicly on the SI
threads about death at the same time as you were furnishing him personal
information which you acknowledged you had illegally researched in violation
of privacy laws - per your note --
>I can find out anything about anyone through the use of some "INFORMATION
BROKER SITES" of which I have about thirty programs off. I, if I searched
hard enough could find out anything about anybody,,,including driver license
numbers, exwifes, previous addresses, criminol records, credit reports, work
history and on and on it goes. Well got to go to bed been up since 5 a.m.
-- and I have been advised to have the local D.A. monitor your movements
when you come to NYC, and to have you put under surveillance in Florida and
Mr. Todd in Tennessee, and I will be doing that.
I was advised to let you know about this so that you are not under any
misapprehensions that your veiled threats and mention of my children are of
serious concern to me and I will take whatever steps necessary with you and
Mr. Todd and the S.I. owners, Go2Net, Inc., to insure that nothing is posted
on their thread which could lead to any of unfortunate consequences, and
that appropriate authorities are involved if they allow your post or any
post by Mr. Todd or others about me or from me or to me to remain.
Anyone who takes up this thread on SI shall be considered as a possible
co-conspirator, as well as the owners of SI. The defamation question
I am also copying the officials at GNET and SI as well as your previous
collaborators to insure that it be taken down.
This past weekend one of my worst fears was realized when my son did a
search of my name on hotbot.com and found not only all of this crap, but
also classified ads which I did not post containing information about
possessions which you and Mr. Todd discovered, gay solcitations and the SI
threads which still have outside search engines directed to them.
Angry is not the word, Mr. Harvey and Mr. Todd, and if I have to get a court
order to insure that you do not come into New York City, I shall do so.
Am I clear now?
Also I had asked SI to remove the posting privileges of all of those engaged
in this conspiracy which are in rank violations of their own Terms of Use,
and which now are under criminal investigation, which I can not imagine they
can allow under the circumstances, but it is obvious that if you have
posted, that has not occurred.
I again demand that to be done.
>
**************
The dialogue with Mr. Todd:
Return-Path: <nymg@pipeline.com>
Date: Mon, 8 Jun 1998 18:24:17 -0400 (EDT)
X-Sender: nymg@pop.pipeline.com
To: Ken Todd <ddotnek@bellsouth.net>
From: Tralfamadore <nymg@pipeline.com>
Subject: Re: DEFAMATION CONSIDERATIONS--RESPONSE
At 11:08 AM 6/7/98 -0700, you wrote:
>Dear Gayle:
>
>So you can cut and paste? Or is this something your twisted mind
>penned?
>
>Please stop sending me unsolicited email. I do not wish to be on your
>garbage list. I got enough of that when I was working at GIFS.
>
>The only things I have said or written about you were things I know and
>are now and forever on record in one of my many depositions with various
>State and Federal agencies. All of these were backed up with
>documentation.
>
>So, Gayle, if this is meant as a threat--it doesn't work--I am not
>scared of you. If it is meant to enlighten...save it for someone who
>gives a damn about what you have to say.
>
>Ken Todd
>
=== Well, Ken, things you have "said or written" about me constitute NOTHING
you know, but they do constitute some very chilling commentary.
For instance you have accused me of ringing your phone, which I don't know,
and have "projected" death threats, which are VERY scary ... especially
considering that you worked for and may STILL be working for what appears to
have been a drug cartel, and that you have directed others in public to
"find out" all they can about me, and I have received threats and have been
told in direct signed e-mail that your charges are coming to NY and are
looking for my children ... and are trying to find my address ...
... this is especially interesting insofaras I never did anything to enflame
or enrage you or anything else, and between the two of us, only I lost money
holding stock in a company you were employed with only a few steps from the
individual who is now a fugitive, and who was perpetrating a fraud ... you
spoke about receiving tons of material from "me" when in fact you are
talking about subscription publications which your employer subscribed to
and which were put out by the company with which I was then employed ...
making it sound like I was in some sort of daily written dialogue with your
employers when you know that was not the case ...
You have also perpetrated or caused to be perpetrated my name and various
personal data being posted on various classified ads, gay newsgroups, etc.,
intended to intimidate, harrass and stalk me.
And you recently sent me a picture via fax which I was able to trace to you,
and which purported to be from a fugitive from justice.
... all of this leads me to continue to suspect that you may STILL BE
employed by your former employers since there is no purpose whatsoever to be
served by stalking me on the internet, on SI, in dialogues with others who
have passed along your e-mails, and in direct communications with me ... and
I am not unmindful that your employers may be drug dealers of the scariest sort.
I thus would not doubt that you have been interviewed by various agencies.
For what purpose did you encourage others to look into me personally and for
what purpose is their planned travel in the next couple of weeks to NYC?
Are you coming as well?
I think your tactics have taken a very dark, concerned course. You are
either a deranged individual or you are working for a very dangerous group.
This is private, not for reposting, and copyrighted ...
======= ====== ====== ====== ======
Hi. This is the private e-mail box for Gayle Essary.
I have moved to Tralfamadore. For information about visiting or to learn
about business development opportunities, contact
tourism.dev@tralfamadore.gov or dept.commerce@tralfamadore.gov.
We have been asked about Tralfamadore. Here is some useful information for
anyone considering a visit or an economic co-development:
Unless builders can demonstrate a positive environmental impact, living,
shopping and work quarters are underground, in connecting
Buckyfullerene-type structures. In fact, while Buckminster Fuller
discovered the form on a visit to Tralfamadore and migrated the concept to
Earth, he was nevertheless so revered even on Trafalmadore, that the forms
and underlying molecular origins were renamed in his honor.
The planet's surface is made up of popular, controlled "Temperature Zones",
so that no inhabitant is further than a few giga-cubits from a favorite
environment or activity. Transportation is primarily gravity-powered to
preserve atmospheric purity.
The National Pastime and only serious endeavor on Tralfamadore is air
hockey. Even affairs of State take a back seat.
Tralfamadorans unfortunately lack an important human trait -- passion, and
Earth and its inhabitants have long been under observation as Tralfamadoran
scientists seek to find and transfer the "E" (emotion) gene. However, as
humans begin to blur the sexes, to extend geriatic-reversing longevity, and
to prosecute leaders who are discovered to have the trait, the more
Tralfamadorans are concerned that rather than Earth being a possible
resource, it may have become contaminated and the "E" gene may have been
attacked by the same virus which destroyed it on Tralfamadore.
Scientists who had assured the leadership that a repeat of the viral
interference which contributed to the demise of another Solar planet, Mars,
was preventable, are currently in disfavor, and have been assigned to work
on a galaxy-wide solution. Of course, the lack of an "E" gene has also
resulted in Tralfamadore being free of any wars, violence or crime for
generations. The effort to find the "E" gene, also includes research to
weed out the undesirable side-effects.
Tralfamadore is currently working on the Y1998 Problem. It is expected that
the problem will be resolved by 1999. Thank you for your patience.
All Tralfamadoran lotteries and sweepstakes are conducted under the strict
supervision of the Directorate, and are illegal in any galaxies,
principalities or other jurisdictions where prohibited by statute. For more
information, contact directorate.sweepstakes@tralfamadore.gov.
Any and all similarities to persons, individuals or alien organisms living
or dead are totally intentional.
P.S. Anything I say here is Copyrighted (C) 1998, if you catch my drift.
<g> In fact, dig this:
Recipients are hereby noticed that you expressly warrant by such receipt
that this is private and privileged communications, and may not be
disclosed, redistributed, posted or referred to in any form or manner
whatsoever under penalties imposed by the Electronic Communications Privacy
Act (ECPA) of 1986, Paragraphs 2511(1)(c)and (d). Recipients are also
noticed that you expressly warrant that any such postings or redistribution
constitutes breach of privacy and confidentiality, tortious interference
with contractural relationships, and violation of privilege, and that any
party to such violations of these Terms, including but not limited to the
publishers; and each of the other individual recipients, if any, may
exercise their individual rights with respect to each and every violation,
except I may, at my sole discretion, waive any of these rights, privileges
and copyright protection at any time. Without such waiver expressly in
writing, any violator shall be subject to full prosecution under the laws of
the U.S., applicable international law, and the laws of any and all states
where such violations may have occurred.
The Tralfamadoran Stock Exchange has neither approved nor disapproved of
this content. |
