Category: legal
01/10/07 08:26 - ID#37631
Response to Nick Matteliano
Paul,
It has come to my attention that Bruce's letter to you is posted and it contains personal information (i.e. our last names). This is not directly in violation of your terms of service, however it alludes to what was posted and directly links us to it. I ask that you please remove the last names from this post or I will continue to pursue this matter to my fullest extent.
Thank you,
Nick
First of all what do you mean by "my fullest extent." Are you trying to say "to the fullest extent of the law" or are you threatening me?
Bruce's letter (e:news,929) contained no confidentiality statement. My mere mention of your name does not reveal any confidential personal information such as:
- Credit card numbers
- Financial account numbers
- Debit card numbers
- Access codes, security codes, or passwords
- Driver's license numbers
- State identification card numbers .
Its presence is not unlawful, physically harmful, threatening, abusive, harassing, or pornographic.
In fact it is not even my mention of your name but rather a duplication of your lawyer's mention of your name in a letter that was not marked as confidential and was sent to a public website.
The letter was put online as a response to my removal of (e:lilgo)'s journal at your bidding. It as the first and only time anything has ever been removed from the a users journal by an admin and thus required an explanation.
I cannot simply go around removing people's journals at the request of outside users without an explanation of what happened for the other users. Without it the site would lose it's credibility as a storage medium and the other journal authors would fear their own writing's being removed.
Frankly, I do not see what you are after considering estrip is a non-profit entity. What are you going to pursue exactly and who? Sarah - (e:lilho) - for going a little overboard writing about her tragic experiences being a part of your life? Me, for providing a free resource to the community where users can write about their feelings? Me, for removing the offensive material without hesitation the day you asked!? Artvoice, for hosting us? Google, for caching the journal entry without your or my permission. Verizon and Adelphia for bringing it to people's homes without your permission? Where does the madness end?
As an interesting side note, I would have probably taken it down if you hadn't threatened me again. If it turns out that the presence of the names is actually illegal I will have them removed. Until then it is going to stay.
Why even bother saying "thank you" after a sentence like "or I will continue to pursue this matter to my fullest extent. "
Please stop harassing me and my community.
No pretension of thanks,
Paul Visco
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Additionally, Mr. Bruce S. Zeftel is the not the attorney of record for Mr. Nick Matteliano according to the cease and desist email.
If there was any breach of Mr. Matteliano's confidentiality, it seems that Mr. Zeftel was the one who breached it.
Since Mr. Zeftel was not Mr. Matteliano's attorney, he had no legal justification or legal requirement to mention Mr. Matteliano at all in the cease and desist communication.
If Mr. Matteliano is upset about being publicly identified, he should address his complaints to Mr. Zeftel.
I'm not a lawyer and I don't play one on TV so nothing in this comment should be construed as legal advice.