On Sat, 07 Sep 2002 16:33:39 GMT, hkhenson@cogeco.ca (Keith Henson) wrote:

snip

H. Keith Henson
2237 Munns Ave.
Oakville, ON L6H 3M9 Canada
905-844-6216 (Fax by prearrangement)
416-529-2789 (Cell)
hkhenson@cogeco.com

In Pro Per

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
RELIGIOUS TECHNOLOGY CENTER Plaintiff, vs
H. KEITH HENSON,
Defendant ))))))))))
Case No. D 96-20271 RMW

DEFENDANT'S EMERGENCY EX PARTE MOTION TO PREVENT SPOLIATION OF EVIDENCE

Date: Sept. 13, 2002
Time: 9:00 am
Courtroom: Hon. Ronald M. Whyte

The court's moving the hearing date from September 13, 2002 to September 20, 2002 creates a serious problem for me. Because I am unable to be at that hearing, I have depended on exhibits based on self-authenticating URLs in a list (Exhibit 9) provide to the court and the plaintiff.

I expected the plaintiff to attempt to remove these files under the DMCA or other means of putting pressure on service providers so that when the court or other parties try to access these self-authenticating URLs, they will get 404 errors (not found). With the hearing 5 days from when they obtained the list of URLs, I felt RTC would not be able to remove them all, especially the ones in foreign countries.

With two weeks before the hearing, it is more likely they can destroy access to a substantial fraction of the URLs, leaving my exhibits unsupported.

The court could shape a remedy by ordering the plaintiff to leave the files (evidence) on the list undisturbed for later examination by the court or it could require the plaintiff to stipulate that the contents of the URLs are the same as my printed exhibits before attempting to destroy them.

Considering the length of time some of them have been up (1994 for the oldest) and the fact that these are only a few of the places on the Net where copyrighted Scientology materials may be found, there would be little incremental damage to RTC's copyrights by an order for RTC and their agents to leave the evidence intact until the hearing.

I also don't mind if RTC attempts to destroy these files provided RTC stipulates to the exhibits being true and correct as of the date I found and printed them.

Where there are facts stated in this ex parte motion, I certify under penalty of perjury in the Province of Ontario, Canada, and the laws of the United States that they are true to the best of my knowledge.

Respectfully submitted,

H. Keith Henson, pro se Dated September 9, 2002, signed in Oakville, ON.

Fax to the Court
Email to TR Hogan
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