[net.legal] Fraudulent article from Rutgers personnel...

myers@uwmacc.UUCP (Jeff Myers) (01/31/86)

[Posted to net.legal, net.politics, and net.jokes]
[Mailed to postmaster@uwmacc.uucp, postmaster@rutgers.arpa, usenet@gatech.uucp,
	carter@rutgers.arpa, josh@rutgers.arpa, mcgrew@rutgers.arpa,
	poli-sci-request@rutgers.arpa, hfavr@mtuxo.uucp, postmaster@mtuxo.uucp]

In September, 1985, I travelled for two weeks to Nicaragua, and wrote about
my experiences for the UW-Madison student newspaper and for the usenet.
Eight articles were posted by me to net.politics (six of these appeared in
print in the student newspaper).

The first seven of these articles appeared as a single issue of the
Poli-Sci Digest (mod.politics) in, I believe, early November.  J Storrs Hall
(josh@rutgers), then moderator of the Digest, claimed that he did not
receive the eighth portion, which I then sent to him by electronic mail.
I never got a word in reply -- mailer problems are highly unlikely, because
of the fact that my machine is one hop away from an arpa site, and arpa
mail is quite robust.

Just recently, in the January 23, 1986 issue (V6 #1), a reference back to
the original 7 article issue of the Digest (V5 #45) appeared, with what
appeared to be the missing eighth article.  Other than the title, the
article had been COMPLETELY rewritten, with no indication of this having
occurred being admitted.  Here is the text of the header for that article:

> Return-path: <CARTER@BLUE.RUTGERS.EDU>
> Date: 7 Nov 85  23:57 EST (Thu)
> From: _Bob <Carter@RUTGERS>
> Subject: Poli-Sci Digest V5 #45
> 
> JoSH,
> 
> Is the following orphan file I found something that you would like to
> run in POLI-SCI?
> 
> _B
> 
>                  Helping Nicaragua - What You Can Do
> 
>     Last of an eight part series.

The article was formatted in the same style as my own, used the first person,
referred to "my journey back to Madison", implied that I am in favor of press
censureship in the country being discussed, and stated that I was present at
an execution of Miskito Indians, and was nonchalant about it.

This is a clear and shameful case of fraud with intent to libel, and a blatant
misuse of the usenet, which is an important public medium not to be so abused.

(1) I hold Robert Carter and J Storrs Hall of Rutgers responsible, if not for
	writing (which I believe they did), then for distributing without
	verification of authorship, an article which disparages my reputation
	as a journalist and citizen of the United States.  It is clear that
	Mr. Hall was aware that it was a forgery, as he had to have received
	the actual text of the eighth article by mail.

(2) I am quite disappointed with the action of Charles McGrew, the new
	moderator of the Poli-Sci Digest and long-time moderator of the
	Human-Nets Digest for publishing an article claimed to be an
	"orphan file", yet clearly associated with the original seven
	articles which were published intact by the Digest he has taken
	over.

(3) I expect the text of this message, and of my original eighth article
	to be published in the next edition of Poli-Sci Digest.  I would
	also appreciate a public apology by the three named individuals
	at Rutgers University in that forum.

The text of the fraudulent eighth article was posted by hfavr@mtuxo.uucp to
net.politics and net.jokes clearly labelled as political satire, and with
the title linking it to my series deleted but with the text and references to
tecNICA and Madison intact.  I didn't find this very funny.

I have been considering filing suit in Federal District Court here in
Wisconsin, and have not yet ruled this course out.  This court would have
jurisdiction as demonstrable harm can be said to have occurred in Wisconsin,
and the suit would be for at least the $10,000 minimum.  I am loath to do so due
to the bad publicity which could be generated with respect to the usenet.
It should be noted that the major legal problem with my case is proving
significant damages -- my case will be made much more difficult if the course
of action specified in (3) above is followed, as this would demonstrably
lessen the damage to my reputation.

Followups to this article should NOT be crossposted to net.jokes.  They
probably aren't too fond of this article being there in the first place.
I would also appreciate a message stating that you received this message
from those it was directly mailed to.  I will also be glad to supply the
text of my original article(s) or the text of the fraudulent one to any
interested party.

-- 
Jeff Myers				The views above may or may not
University of Wisconsin-Madison		reflect the views of any other
Madison Academic Computing Center	person or group at UW-Madison.
1210 West Dayton Street
Madison, Wisconsin  53706
ARPA: uwmacc!myers@rsch.wisc.edu
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BitNet: MYERS at WISCMACC