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Desiree Capuano & James Pendleton
250 E. Placita Lago Del Mago
Sahuarita, AZ     85629
Tel: 520-288-8200
desiree.capuano@gmail.com
japendletonjr@gmail.com
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Re: desireecapuano.com domain and related services
From: Patrick <patrick@desireecapuano.com>
To: Shayne Tuchfarber <shayne.tuchfarber@phoenix.gov>
Date: Thu, Jul 31 2014 7:54:17 am
Good morning, Detective Tuchfarber.

The US law to which I referred is civil, not criminal.

Currently the domain desireecapuano.com, including the web site and 
email servers, is hosted on a server belonging to the provider 
GoDaddy.com, and that server is located within the US (specifically, in 
Phoenix).  Desiree could, if she was so inclined, seek an injunction in 
civil court, to compel GoDaddy to take down the site. Of course, she 
would have to establish that the information on the site is libelous.  
The civil court, if it found that the information was, in fact, 
libelous, and was NOT protected by the 1st Amendment, could issue such 
an injunction and GoDaddy would then have to take the site down.

By moving the domain, including the web site, to my own physical 
servers, then such an injunction would have to be against me (rather 
than GoDaddy); and by moving it to my physical servers located outside 
the US, the US civil court would not have jurisdiction over it.  And 
such an injunction would not have power.

None of that is very relevant anyway, because the content on the web 
site is all factual and protected by my 1st Amendment right to free 
speech.  If anything, a civil court could only require me to include a 
disclaimer stating that the site is NOT maintained by Desiree - which I 
am already doing in the footer of each page.  Desiree and I are still 
legally married, so I am still a member of her "immediate family".

The reason for the decision is that Desiree has complained to GoDaddy 
that I have violated their spamming policy and they have openned an 
investigation.  They will eventually find that I did not violate the 
policy, however, it still creates a nuisance for me (and for GoDaddy) 
which I must address in order to remain in good standing.  Moving the 
domain to my own servers eliminates the possibility of that happening again.

I intend to honor our agreement to refrain from my pursuits of ruining 
Desiree's life and career "for the time being", with the understanding 
that the Phoenix PD will be addressing, or at least looking into, the 
matters of her ongoing drug use and her continued attempts to convince 
G***** that marijuana is a "good thing" and that in time he will "learn 
to love the smell of it" (those are quotes from G*****).  I also expect 
that you will be keeping your agreement to have a representative of the 
Phoenix PD interview G*****, in confidence, about such matters.

If you have any further questions please do not hesitate to let me know.


Thanks,
Patrick



On 07/31/2014 06:14 AM, shayne.tuchfarber@phoenix.gov wrote:
> Patrick,
>
> I am not sure what this means? You are going to maintain the website, but believe
you will not be subject to any US law?
> If you could clarify for me please and thank you.
>
> Shayne
> ________________________________________
> From: Patrick [patrick@desireecapuano.com]
> Sent: Wednesday, July 30, 2014 7:10 PM
> To: Desiree Capuano; Tuchfarber, Shayne
> Subject: Re: desireecapuano.com domain and related services
>
> Sorry for the typos - I sent that message (and this one) from my phone.
>
> Also, I forgot to CC Detective Tuchfarber.
>
> Patrick
>
>
>
> Patrick  wrote:
>
> Desiree:
>
> Please be advised, due to my lack of interest in dealing with go daddy (or any
other US based hosting provider) I intend to transfer the hosting of the
aforementioned domain, and all services thereto related, to my own servers, which are
based outside the US and will, therefore, not only not be subject to US laws and
regulations, but will also be under the exclusive control and authority of...well,
me.
>
> If you gave any objections to thus intended change please submit them at this time.
>
> Thank you for your time and for your ongoing support of the Desiree Capuano
Foundation.
>
> Sincerely,
> Patrick
>