Earlier today, I told you that Lee Stranahan filed charges against Bill Schmalfeldt a.k.a. Liberal Grouch for electronic harassment. Well, just a few minutes ago, I tried to send the following to his known email address:
Subj: CEASE AND DESIST
Dear Mr. Schmalfeldt,
As I am sure you are aware, there is a statute in Maryland prohibiting the use of electronic communications in order to harass another. Specifically I am referring to Md. Code Crim. Law §3-805 which states that:
(a) "Electronic communication" defined. -- In this section, "electronic communication" means the transmission of information, data, or a communication by the use of a computer or any other electronic means that is sent to a person and that is received by the person.
(b) Prohibited. -- A person may not maliciously engage in a course of conduct, through the use of electronic communication, that alarms or seriously annoys another:
(1) with the intent to harass, alarm, or annoy the other;
(2) after receiving a reasonable warning or request to stop by or on behalf of the other; and
(3) without a legal purpose.
(c) Construction of section. -- It is not a violation of this section for any of the following persons to provide information, facilities, or technical assistance to another who is authorized by federal or State law to intercept or provide electronic communication or to conduct surveillance of electronic communication, if a court order directs the person to provide the information, facilities, or technical assistance:
(1) a provider of electronic communication;
(2) an officer, employee, agent, landlord, or custodian of a provider of electronic communication; or
(3) a person specified in a court order directing the provision of information, facilities, or technical assistance to another who is authorized by federal or State law to intercept or provide electronic communication or to conduct surveillance of electronic communication.
(d) Exception. -- This section does not apply to a peaceable activity intended to express a political view or provide information to others.
(e) Penalty. -- A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 500 or both.
As I am sure you can see, §3-805(b)(2) states that the law is not violated until the person asks you to stop. And then any further communication after that request violates the statute if it meets the other elements of the law.
Consider this email my request to you to stop. Do not contact me, do not contact my family, do not contact my friends and associates with harassing messages. Please note that the statute allows me to inform you to stop not only on my own behalf, but on the behalf of others and I am exercising this right.
I cannot give you legal advice, but I am informing you of how I interpret this statute. I will also recommend that you consult with an attorney to make your own determination of how the statute might or might not apply to your conduct. But I will interpret any form of directed communication to be in potential violation of the statute, and I will treat it as such. This includes including emails, twitter “mentions,” facebook messages, even comments on any blog I administer or administered by any of the people I have just told you to leave alone. Let me expand for a moment on this point about twitter. By “mentions” I am referring to placing the handle of another person in a tweet causing that person to receive your tweet. So if you simply write “Aaron Walker aka Aaron Worthing is a jerk,” I do not interpret that as a directed communication in potential violation of the act. But if you write, “Aaron Walker aka @AaronWorthing is a jerk” you know that this causes twitter to send a message to me even if I am not following your feed. The first example, in my interpretation, could not possibly be a violation of this statute; the second example could be, if the other elements of the statute are met.
Do not even reply to this email, because I doubt you will be able to restrain yourself. Just simply stop.
Again, I urge you to consult with independent counsel to make your own determination of how the statute might or might not apply to your conduct and how to conform your conduct to that statute going forward.
Sincerely,
Aaron J. Walker, Esq.
Well, all three email addresses bounced back as undeliverable. So literally the only purpose of this post is so I can deliver this message to Schmalfeldt and so the rest of you can see what is going on, too. Transparency and all of that. I will tweet out a link to him and we will see if he obeys the law.
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My wife and I have lost our jobs due to the harassment of convicted terrorist Brett Kimberlin, including an attempt to get us killed and to frame me for a crime carrying a sentence of up to ten years. I know that claim sounds fantastic, but if you read starting here, you will see absolute proof of these claims using documentary and video evidence. If you would like to help in the fight to hold Mr. Kimberlin accountable, please hit the Blogger’s Defense Team button on the right. And thank you.
Follow me at Twitter @aaronworthing, mostly for snark and site updates. And you can purchase my book (or borrow it for free if you have Amazon Prime), Archangel: A Novel of Alternate, Recent History here. And you can read a little more about my novel, here.
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Disclaimer:
I have accused some people, particularly Brett Kimberlin, of reprehensible conduct. In some cases, the conduct is even criminal. In all cases, the only justice I want is through the appropriate legal process—such as the criminal justice system. I do not want to see vigilante violence against any person or any threat of such violence. This kind of conduct is not only morally wrong, but it is counter-productive.
In the particular case of Brett Kimberlin, I do not want you to even contact him. Do not call him. Do not write him a letter. Do not write him an email. Do not text-message him. Do not engage in any kind of directed communication. I say this in part because under Maryland law, that can quickly become harassment and I don’t want that to happen to him.
And for that matter, don’t go on his property. Don’t sneak around and try to photograph him. Frankly try not to even be within his field of vision. Your behavior could quickly cross the line into harassment in that way too (not to mention trespass and other concerns).
And do not contact his organizations, either. And most of all, leave his family alone.
The only exception to all that is that if you are reporting on this, there is of course nothing wrong with contacting him for things like his official response to any stories you might report. And even then if he tells you to stop contacting him, obey that request. That this is a key element in making out a harassment claim under Maryland law—that a person asks you to stop and you refuse.
And let me say something else. In my heart of hearts, I don’t believe that any person supporting me has done any of the above. But if any of you have, stop it, and if you haven’t don’t start.
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