There was ONE rule on the BiblioMANIA email list: each poster takes responsibility for his/her posts.
On October 7, 2002, someone used a City of Irvine computer log-on ID (password-protected identification) to access a City of Irvine computer (with IP address 66.123.104.26, corresponding to VIP-CALNET-City-of-Irvine-1043925.cust-rtr.pacbell.net). This person used this City of Irvine log-on ID and City of Irvine computer to cause an email message to be sent to the BiblioMANIA email list by way of the New York Post web site. The email that this person caused to be sent to the BiblioMANIA email list forged my name and email address and contained a hyperlink to a New York Post newspaper article about National Security Advisor, Condoleezza Rice. The email that this person caused to be sent to the BiblioMANIA email list on October 7, 2002, contained the following statement:
“Someone needs to butt-fuck this fascist nigger bitch”.
Here is a copy of the email sent to the BiblioMANIA email list:
______________________________________________________
You have received an e-mail story from Daniel and NYPOST.COM:
TO A FREE WORLD
By CONDOLEEZZA RICE
http://www.nypost.com/postopinion/opedcolumnists/58914.htm
Someone needs to butt-fuck this fascist nigger bitch
To reply to Daniel, send an e-mail to boojum@wt.net
______________________________________________________
The following is from Jan Canevari’s declaration of June 17, 2004, sworn under penalty of perjury:
"On October 10, 2002, I asked ACS Network Administrator, Stuart
Severn to research the issue of whether a City of Irvine computer had been utilized to
post the message on the internet. Mr. Severn started the research utilizing
Websense. Websense is an internet activity tracking software which prohibits access
to certain internet sets including pornography, firearms and other non-City related
business. The software is used to track the access to the internet site. From
the information supplied by Dr. Wirt, it was determined that the email to the NYPost was
sent on October 7, 2002 at 15:02:59 (3:02 PM). On Websense, we were able to look up
the IP address that accessed the Drudge Report and the NYPost. A true and correct
copy of the pertinent portion of the report is attached as Exhibit C. Mr. Severn was
also able to determine the logon name that accessed the two URLs. He then traced the
IP address to the third floor (via our Vlan setup). At my direction, Mr. Severn
wrote an email to the specific IP requesting that person call the ACS helpdesk - which he
did. Steven Ball, a temporary worker
retained through ADECCO dba Accountants Overload was the person who responded. Mr.
Ball was utilizing a logon id for Wayne Myers, a former contractor for the City. I
learned from talking to Irvine's Manager of Finance, Kathy Rafferty, that she had assigned
the logon id for Wayne Myers to Mr. Ball. While Mr. Ball was away from his computer,
I physically went to the computer and checked the history. I observed that Mr.
Ball's computer had accessed the two opinion posts at the www.drudgereport.com and
www.nypost.com. From my observation of the websense report and the
computer, I determined that Mr. Ball had posted the messages on the internet. I
later spoke to Kathy Rafferty who informed me that rather than issue a new account for Mr.
Ball, Mr. Ball was told to use Wayne's internet account. Mrs. Rafferty informed me that she had immediately
terminated Mr. Ball's services with the City… It
is my professional opinion that the internet posting was by Mr. Ball and not a City of
Irvine employee. I declare under penalty
of perjury under the laws of the State of California that the foregoing is true and
correct." (Emphasis added.)
In order to positively identify “Steven Ball”, Adecco North America, LLC (dba Accountants Overload) was served with special interrogatories, which were answered under penalty of perjury:
1) Identify the person you believe authorized the electronic communication that is the
subject of this litigation. “…it is believed that the posting was generated by
Stephen D. Ball based upon information supplied by the City of Irvine.” (Emphasis
added.)
2) Set forth the full name and last known address of Mr. Steve Ball, identified by the
City of Irvine as the author of the electronic communication that is the subject of
this litigation. “…the last known address for Steven D. Ball is 1362 Walnut
Avenue, #102, Tustin, Ca 92780.”
Daniel P. Wirt
November 2004