amicus Wrote:
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> NOTICE – TO THE OPERATOR OF THE “FAIRFAX
> UNDERGROUND” WEBSITE
>
> SUBJECT: All postings relating to or referencing
> Mr. Rusty Hall, Mr. Timothy (Timmy) F. Hall,
> members of Mr. Rusty Hall’s family, Mr. Hall’s
> friends or colleagues, the Wednesday Night Crew or
> WNC, any and all relationship of the Wednesday
> Night Crew or WNC with Kilroy’s Restaurant and
> Sports Bar at 5250-A Port Royal Rd., Springfield,
> Virginia.
>
> Over the past seven months Mr. Rusty Hall, Mr.
> Timothy (Timmy) F. Hall, members of Mr. Rusty
> Hall’s family, Mr. Hall’s friends or
> colleagues, the Wednesday Night Crew or WNC, any
> and all relationship of the Wednesday Night Crew
> or WNC with Kilroy’s Restaurant and Sports Bar
> at 5250-A Port Royal Rd., Springfield, Virginia,
> have been the victimized by numerous libelous and
> threatening postings on the website known as the
> Fairfax Underground. A reading of the text of
> these anonymous postings makes it clear the intent
> of the postings rises to the level of malice as
> the intent, which clearly labels the content as
> libelous. More serious, is the physical threat to
> individuals and the reputation and business
> interests of the aforementioned Kilroy’s
> Restaurant. Mr. Rusty Hall has on numerous
> occasions contacted the operator of this website
> and requested the offensive material be removed.
> The material to date has not been removed and Mr.
> Hall has had access to the website blocked while
> more libelous postings are being allowed. Perhaps
> there is a misunderstanding by the operators of
> the website that the material in question is
> covered under the First Amendment of the US
> Constitution.
>
> Let me leave no doubt in anyone’s mind that in
> this case it is not. The content referred to
> herein reaches the level of criminal speech as
> defined in the US Code. Furthermore, in federal
> law under Title 18 USC § 875 – Interstate
> Communications, Section (d) clearly states:
> “Whoever, with intent to extort from any person,
> firm, association, or corporation, any money or
> other thing of value, transmits in interstate or
> foreign commerce any communication containing any
> threat to injure the property or reputation of the
> addressee or of another or the reputation of a
> deceased person or any threat to accuse the
> addressee or any other person of a crime, shall be
> fined under this title or imprisoned not more than
> two years, or both.” This provision in statute
> will carry over to the operator of any site
> promoting such communications, who when asked to
> remove the offensive content not only does not
> remove the content and block further offensive
> material, but continues to allow such criminal
> postings in a manner that can and will be viewed
> as conspiring with the anonymous and cowardly
> perpetrators. If this offensive content is not
> removed immediately as Mr. Hall has repeated
> requested, this matter will be turned over to
> federal authorities for investigation and
> prosecution.
>
> Let me make this perfectly clear. In any future
> investigation server records will be subpoenaed
> and all culprits will be identified and will be
> subject to prosecution by criminally and civilly.
> This is the first and only notice on the matter to
> cease and desist that will be given before legal
> action is commenced.
Tl;dr
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