The Spam Diaries

News and musings about the fight against spam.
 by Edward Falk

Sunday, March 19, 2006

Second court hearing

Since I'm being sued twice, once for defamation and once for computer crime, I have a second evidentiary hearing on jurisdiction coming up on Tuesday; this time in the computer crime case. My expert witness, John Levine, and I will both be attending by video conference from different cities.

Since judge Racek has already ruled in my favor on jurisdiction in the defamation case, there's a chance that judge Irby will accept that decision as precedent. This leaves Harristhal's only real argument to be one of conspiracy. If he can prove that I conspired with my co-defendent David Ritz to commit a crime in North Dakota, then jurisdiction would be established.

The affidavits Harristhal filed this time around were surprisingly thin. He brought up very little of the material he used in the first hearing. Almost nothing relavent to contacts I may or may not have had with North Dakota.

The primary item attached to Harristhal's affidavit is a copy of David Ritz's deposition. It looks like Harristhal will be concentrating on the conspiracy angle. I'm a little surprised that he didn't include my postings to the old "inner-circle" mailing list.

Well, in the last hearing, Harristhal brought up evidence he hadn't submitted to the court previously as required, so I'm sure he's got a surprise or two waiting for me on Tuesday.

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