FC: Karin Spaink: My house was raided by police because of Scientology

From: Declan McCullagh (declanat_private)
Date: Tue Sep 17 2002 - 03:50:36 PDT

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    Date: Mon, 16 Sep 2002 19:47:37 +0200
    From: Karin Spaink <kspainkat_private>
    Organization: Marcab Inc.
    To: Declan McCullagh <declanat_private>
    CC: Zenon Panoussis <oracleat_private>
    Subject: My house got raided: Scientology and the prosecutor
    
    Hi Declan
    
    On Thursday, September 12, I got raided. Two uniformed cops,
    two criminal investigators from the copyright protection
    organsiation Buma/Stemra, and two members of the Diguital
    Expertise division of the Amsterdam police were at my
    doorstep, armed with a search warrant and a power to take
    away all computers in the house.
    
    I was informed that, through their lawyer's offices (Nauta
    Dutilh), the Church of Scientology had filed 'a number of
    complaints' about Zenon Panoussis (who is my lover),
    spreading copyrighted material from his computer (which is
    located at my house) or perhaps from mine.
    
    We negotiated about the search. Yes, surely they could take
    the computers, but without our assistance that would be
    useless since we use encryption. On the other hand, them
    taking the computers would be pretty annoying for us as
    well: all our work, mail and private data is stored on them.
    In the end we all agreed that they would search the
    computers on the premises and that we would co-operate as
    best as we could.
    
    It transpired that they did not know what *exactly* they
    were looking for: which documents? what spreading? The
    machines were portscanned to see whether any ftp servers or
    webservers were running from here, we showed them all
    services running, they went through mail and archives,
    browsed files and directories, in short, they investigated
    everything.
    
    All they found were a few copies of documents that are
    probaly copyrighted by the CoS that I need for my own
    defense and/or Zenon for his (both of us are being sued by
    Scientology; actually, a ruling in the appeal in my case had
    been expected on Sept. 5 but was postponed).
    
    After 2,5 hours they left empty-handed. (Well, not
    completely: I gave them copies of the t-shirt with a nice
    cartoon and an OT3 quote that I had given to friends and
    supporters for one of my court sessions. I still had a few
    of them.)
    
    Only today, Monday Sept. 16, we learned that the prosecutor
    who had signed the search warrant didn't know the details of
    the complaint and that the criminal investigators of the
    copyright office had had only a *complaint* from
    Scientology, but he had not received, *nor had he asked*,
    *any* material to substantiate this claim. Alex Woord of
    Buma/Stemra literally told us this morning that he would
    make an appointment with Nauta Dutilh this week to look at
    the evidence that they claim to have.
    
    Basically, that means
    
    - that I was raided on the grounds of an uninvestigated
       claim, and that moreover, I was raided before the
       complainant's claim was investigated;
    - that I was raided to prove or disprove a complaint that
       the proesecutor himself hadn't assessed the scope of;
    - that the prosecutor signed a search warrant and a power to
       break my door and to take my computer on the basis of a
       mere *claim* of a third party,
    - moreover a third party who is suing me and Panoussis;
    - and most of all, a third party who is know for abusing the
       legal system to intimidatee and harass its opponents.
    
    Meanwhile, we have contacted a lawyer. We think we might
    need one.
    
    
    Here are two postings by Zenon; one about the raid and about
    today's discussion with the prosecuyotor and the copyright
    investigator:
    
    
    
                        === fwd 1 ===
    
    From: Zenon Panoussis <oracleat_private>
    Newsgroups: alt.religion.scientology,
        nl.scientology,xs4all.general
    Subject: Raided again
    Date: Thu, 12 Sep 2002 12:08:58 +0200
    Message-ID: <alpp45$8v9$1at_private>
    
    
    Half an hour ago a team of copyright infringement
    investigators and computer experts, four in total,
    left Karin's place after finishing scientology's
    latest raid against me and the very first one
    against Karin. They had arrived two and a half
    hours earlier in the company of two policemen, with
    a search warrant signed by the public prosecutor.
    
    The cause: scientology's repeated and persistent
    complaints that we are spreading OTs, NOTs and god
    knows what nots. The "evidence":
    http://search.freewinds.cx/skriptures.html . Yes,
    indeed, a webpage saying "you won't find any OTs
    and NOTs here" is clear evidence that the OTs and
    NOTs are being spread from that site. If you don't
    get the logic, you haven't been a scientologist
    long enough and you need to work harder on your
    bridge.
    
    Anyway, we had the choice between co-operating and
    not co-operating. If we did co-operate, we would
    be voluntarily subjecting ourselves to an invasion
    of privacy, but get the whole thing done and over
    with for both parties. If we did not co-operate,
    they would be left empty-handed (encrypted drives,
    as one should have expected), but we would be left
    equally empty-handed while they took the computers
    for a year-long futile investigation. We decided
    to co-operate and gave them full access, with the
    agreement that they wouldn't nose closely on what
    obviously, at their own judgement, was not what they
    were looking for.
    
    Fine. They found nothing. There was nothing to find.
    Our own private copies of the OTs and NOTs, of course,
    but those are part of the evidence in our respective
    lawsuits and several courts have already ruled that
    even if we may not spread them, we may possess them.
    So those copies don't count.
    
    To make the search complete and avoid having to go
    through the same procedure once again, I offered
    the search team to search on the freewinds webserver
    too. They gladly accepted and arrived at the same
    results: nothing illegal there. The net result is
    that I now have an official statement from the
    authorities that there is nothing illegal on the
    server, which I can use when the CoS complains to
    domain registries and search engines and upstream
    providers about that same server.
    
    As for the intimidation and harassment value of the
    search, we are thinking about a suitable revenge.
    A few pickets, better organised and more spectacular
    than what we have done so far, seems appropriate.
    Better ideas are welcome by e-mail.
    
    Z
    
    
                        === fwd 2 ===
    
    From: Zenon Panoussis <oracleat_private>
    Newsgroups: alt.religion.scientology,
        nl.scientology,xs4all.general,nl.juridisch
    Subject: Aftermath
    Date: Mon, 16 Sep 2002 12:01:30 +0200
    Message-ID: <3D85ABFA.20901at_private>
    
    
    A few minutes ago I phoned the prosecutor, Wouter van
    Schaijck, to ask for a copy of the file and, specifically,
    the exact suspicion against me. I have already been told
    that I am suspected of copyright infringement in works
    that belong to the church of scientology, but that's like
    telling somebody that he is suspected of killing someone.
    You need to be much more specific than that; suspected
    of killing whom, when, how? Thus, I want to know which
    works I have allegedly infringed upon, when, how.
    
    Well, the prosecutor who ordered the raid doesn't know
    what exactly I am suspected of. He "doesn't have the
    file" because the investigating officers have it, so he
    can't tell me anything. When I pointed out that he can
    just pick up the phone and tell the investigating officers
    to give me this information, he started singing on the
    "it is not usual for a suspect to get the file while
    the investigation is still pending" tune. I told him
    that the investigation is pending an interrogation with
    me and that I will under no circumstances subject myself
    to any interrogation unless I know specifically what I
    am suspected of and thus what the subject of the
    interrogation is. Thus, if he is not telling me what
    I want and have a right to know and I therefore refuse
    the interrogation, then the investigation is no longer
    pending and we get back to square one and he can give
    me the file. The prosecutor gave me an evasive answer
    to this and with that we closed the discusssion.
    
    Subsequently I phoned Alex Woord, the investigating
    officer at Buma-Stemra. I asked the same questions. He
    said that he can't tell me the exact details of what
    I am suspected of because he is still waiting for some
    documents from scientology. I pressed the question and
    then got to hear that scientology claims to have
    downloaded some of their material from something that
    belongs to me, but Alex Woord needs to make an appointment
    with Nauta Dutilh, scientology's lawyers, to get the
    copies of what they allegedly downloaded. Only then
    will he know exactly which materials I am supposed to
    have spread, from where and when.
    
    In other words: the prosecutor based his decision to
    raid us on a "grounded suspicion" that was only grounded
    on the word of scientology's lawyers. Neither the prosecutor
    nor the investigating officers know which works I supposedly
    infringed upon, thus at the time of the raid they didn't
    know what they were looking for. Thus, the raid was
    nothing more than a fishing expedition.
    
    Bart Middelburg wrote in Saturday's Parool that "they
    must be out of their Xemu at the public prosecutor's
    office" and that the prosecutor let himself be mislead
    by scientology. He was far more right than I ever thought
    he could be. I imagined that that scientology had lied to
    the prosecutor, but now it turns out that the prosecutor
    simply based hos decicion to raid us on scientology's mere
    allegations, and never made his own assessment of whether
    there was indeed a *grounded* suspicion or not.
    
    Swell.
    
    I'm phoning the lawyer now. Being misled is one thing,
    but allowing scientology to make the decisions of the
    prosecutor is quite another.
    
    Z
    
                        === end fwd ===
    
    
    - K -
    
    -- 
    
    I didn't love her and I didn't want to love her. I didn't
    desire her and I could not imagining desiring her. These
    were all points in her favour.
       - Jeanette Winterson: Written on the Body
    
    
    
    
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