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1992-09-20
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Date: 5 Jul 91 07:10:45 GMT
From: hkhenson@cup.portal.com
Subject: Alcor Email (ECPA) Case Settled
The long running Alcor/email case against the County and City of
Riverside, CA was settled out of court in April of this year. The
announcement was delayed until all parties had signed off, and the
check (for $30k) had cleared the bank :-).
The Alcor Life Extension Foundation (a non-profit cryonics
organization -- alcor@cup.portal.com) ran a BBS for members and
prospective members from early 1987 through January 12, 1988. On that
day, the BBS computer was removed under a warrant to take the computer
(but no mention of any contained email) in connection with the
investigation into the death of 83-year-old Dora Kent. (Mrs. Kent
was placed into cryonic suspension by Alcor in December of 1987.
During and following the investigation, Alcor staff members were
publicly accused by county officials of murder, theft, and building
code violations. No charges were ever filed and the investigation was
officially closed three years later.)
In December, 1988 Keith Henson filed a civil suit to force an
investigation of the apparent violations of the Electronic
Communication Privacy Act by the FBI, but the case was dismissed by
the now convicted Judge Aguilar.
In early 1990, just before the statute of limitations ran out, Henson
and 14 others (of the roughly 50 people who had email on the system)
filed a civil action against a number of officials and the County and
City of Riverside, CA under Section 2707 of the Electronic
Communication Privacy Act.
Some time after the case was filed, the Electronic Frontier Foundation
came into existence in response to law enforcement abuses involving a
wide spectrum of the online community. EFF considered this case an
important one, and helped the plaintiffs in the case by locating pro
bono legal help. While the case was being transferred, the County and
City offered a settlement which was close to the maximum damages which
could have been obtained at trial. Although no precedent was set
because the case did not go to trial, considerable legal research has
been done, and one judgment issued in response to the Defendants'
Motion to Dismiss. The legal filings and the responses they generated
>from the law firm representing the County/City and officials are
available by email from mnemonic@eff.org or (with delay) from
hkhenson@cup.portal.com. (They are also posted on Portal.)
The Plaintiffs were represented by Christopher Ashworth of Garfield,
Tepper, Ashworth and Epstein in Los Angeles (408-277-1981). A summary
of the settlement agreement is attached.
SETTLEMENT AGREEMENT
This agreement is made and entered into in Riverside, California,
this _____ day of ______ by and between [long list of defendants and
plaintiffs]
I.
FACTUAL RECITALS
1. This Agreement is executed with reference to the following
facts for purpose of this Agreement only.
2. On January 12, 1998, some of the Defendants, pursuant to a
search warrant, entered into the premises of Alcor Life Extension
Foundation in Riverside, California.
3. Upon entry into the property, some of the Defendants seized
various items, including electronic media containing E-mail owned by
the plaintiffs.
4. On or about January 11, 1990, plaintiffs commenced civil action
No. SAC 90-021js in the United States District Court, Santa Ana ("the
Action"), against the defendants for injuries and damages allegedly
suffered as a result of the defendants' seizure of plaintiff's E-mail.
5 It is now the desire and intention of plaintiffs, on the one
part, and defendants on the other part, to settle, compromise, and
resolve all the differences, disagreements, and disputes, which exist
and may exist, including those which are the subject matter of,
referred to, related to, or mentioned in the Action. Pursuant to this
desire, and in consideration of the mutual promises contained herein,
the parties agree as follows.
II CONSIDERATION
6. Upon the execution of this Agreement, defendants County of
Riverside shall pay to plaintiffs, by check, the total sum of Thirty
Thousand Dollars ($30,000), inclusive of attorney fees and cost.
------------------------------