CleverSpin Threatens EIA With Legal Action
Surprise, surprise…
“The audio files are owned by CleverSpin. CleverSpin’s clients have a reasonable expectation that sensitive information is, and will be maintained, confidential and private. Dissemination of any portion of the audio files will be a violation of CleverSpin’s privacy and will constitute tortuous interference with its business practice and expectancy. Accordingly, CleverSpin will file civil claims against you for violation of its right to privacy and tortuous interference with business expectancy should you disseminate any portion of the audio files. CleverSpin demands that before COB Thursday, August 10, 2006 that you immediately: 1) return the audio files you obtained and destroy any copies made, and certify you have destroyed any copies; or 2) destroy the audio files you obtained and any copies and certify you have destroyed these.
“CleverSpin has not, and will not, challenge the genuineness of the information you have released…. Accordingly, CleverSpin asks you to cooperate with its demand, made in the interest of protecting interviewees, so that legal action is not necessary.
“In addition, based on our review of the facts, individual interviewees will have individual claims against you if he/she is damaged by any dissemination of the audio files.
“CleverSpin will also prosecute any criminal violations of its privacy and confidentiality and has contacted state and federal law enforcement officials including the FBI who (sic) is at this time reviewing the matter to determine if any federal laws were violated and if the FBI has causes of action.”
If the FBI is reading this: Come on over. I’ll put on a pot of Kona coffee for you. EIA can’t afford to keep a lawyer on retainer, so I’ll accept referrals to one who is practiced in crafting diplomatic responses to toothless threats.
I have already stated that I have no intention of identifying the speakers on the audio tapes, but I would expose myself to AFT legal action should I destroy the only material in my possession that can conclusively prove my story and the quotes therein are true and accurate.
The last thing in the world I want is legal entanglements with anyone. I feel I’ve acted responsibly, and I know I’ve acted legally and ethically. If the folks at CleverSpin think they can sue me over something they think I might do, good luck to them.
August 10th, 2006 at 08:22
Maybe the EFF (Electronic Frontiers Foundation, http://www.eff.org) could offer some advice or a referral to help you out.
They’re chin-deep in the fight to stem the creeping expansion of intellectual property law and the promiscuous use of the law to choke off fair-use.
August 11th, 2006 at 19:09
Hey Mike.
I experienced Deja Vu when I read the letter you received. Looks much like what we got when I was at Evergreen Freedom Foundation from the union…evidently telling teachers about their ability to exercize Hudson rights is also “tortious interference in business expectency.”
I wonder if both letters were written by the same person?
Anyway, response briefs and research has been done if you need it.