From The Auditor Magazine, Issue #157, page 15,
"Clear 10,702 Rhea Smith"
++++++++++++++++++++++++++++++++++++++++++++++++++
Date: Sun, 06 Jul 1997 09:30:19 GMT
[...]
DEPOSITION OF WARREN MCSHANE
[...]
Grady [Ward]: Thank you very much. What individuals monitor the
internet currently for infringements of Advanced Technology -- potential
infringement?
Hogan [cult lawyer Thomas]: Let me object tot the question on the
grounds that it assumes facts not in evidence, it's ambiguous and it's
compound.
Grady: I'll withdraw that question. Does RTC monitor the Internet for
copyright infringements for RTC's intellectual property?
Hogan: Let me object to the question on the grounds it's ambiguous.
Witness [McShane]: I have the Internet monitored.
Grady: Who does the monitoring?
A: Employees of the office of Special Affairs.
Grady: Now we briefly touched on the Office of Special Affairs awhile
back. Is that a division within -- what is that entity?
Hogan: Object. It's been asked and answered.
Witness: I believe I stated before that it was part of CSI.
Grady: Who are the individuals that report to you?
Hogan: Let me object to the question on the grounds it's ambiguous and
overly broad and relevance. Are you talking about -- are you talking
about the monitoring of the internet now?
Grady: That's correct. Of the individuals in the OSA that monitor the
internet for you, what are they identifying currently?
A: The main person is a woman named Rhea Smith, I believe.
Grady: Are there other people that report to you?
Hogan: Object to the form of the question. I think what you're looking
for is people that monitor the internet; among these people, is there
anybody other that Rhea Smith.
Grady: Yes.
(top of page)
Witness: Rhea has a couple of people under her who assist her. I don't
really recall their names, but Rhea's the one who reports to me.
Grady: Since January of 1995, has Rhea Smith been monitoring the
Internet for you?
A: Yes.
Grady: Are you familiar with the technical means she uses to monitor the
internet?
Hogan: Object to the form of the question as ambiguous.
Witness: I think so.
Grady: Would you describe to me -- the machines that she uses to monitor
the internet?
Hogan: Object to the form of the question as ambiguous.
Witness: Forgive me for not being a computer expert but -- I mean, she
uses some form of computer hookups to the internet, and she uses various
search engines. I'm not sure how they work, but they monitor various
news groups and things like that.
Grady: Since you majored in electrical engineering, I expect more than
the normal knowledge of computers from you.
(top of page) ?:
Equipment, you mean his personal equipment or the RTC
equipment?
Grady: One that you use such as RTC on your own. Assume it's RTC. It
would belong to RTC typically.
Hogan: What's the Question?
Grady: Have you since January of 1995 monitored the internet personally?
A: That's a different question than your other question.
Grady: Have you monitored it personally for any corporate reason?
A: Well again the difficulty is what do you mean by monitor?
Grady: For example, read, for example, ARS. Use the search engine that
is described for Rhea Smith.
A: I have not personally used the search engines. I have watched her do
it. I have sat with her when she has done it. I have not personally
logged on myself and done searches.
Grady: Do you have an e-mail account?
A: No I do not.
Grady: You testified, I believe, that Rhea Smith and the people that
work with her or the subordinates are members of OSA, employees of CSI?
(62)
(top of page)
Hogan: Object to the form of the question. It assumes facts not in
evidence. I believe the record will speak for itself.
Witness: I believe what I testified to is that they are employees of the
OSA which is part of the -- part of the church of scientology
international.
Grady: In addition to that monitoring by Rhea Smith and her associates,
does RTC do monitoring of the internet?
Hogan: Object to the form of the question; assumes facts not in
evidence, and it's ambiguous.
Witness: No
Grady: Has it been your regular practice, then, to -- for Rhea Smith and
her associates to monitor the internet for copyright infringements?
Hogan: Object to the form of the question as ambiguous.
Witness: It's not limited to copyright infringements. We've monitored
the Internet since, I believe, the ARS was fraudulently set up. I think
it was in '94. Maybe even before that. Yeah.
Grady: So to your knowledge, has the internet been
(63)
(top of page)
Witness: The best I can explain without getting any detail would be the
various aspects and-- the workings of the internet and the various
aspects of the internet.
Grady: To your knowledge, are those outside experts regularly employed
or just occasionally employed to help out sporadically?
Hogan: I object. It does invade the attorney-client privilege and
instruct the witness not to answer.
Grady: Now as far as the Rhea Smith monitoring using those search
engines, HotBot, AltaVista and so on, can you tell me how they search for
the topics that you're interested in?
Hogan: Object to the form of the question. It's ambiguous, assumes
facts not in evidence.
Witness: My understanding is that they search certain key words that
I've given to them basically.
Grady: Are those key words -- do you write those key words down to give
them?
A: No.
(69) (8)
Grady: So approximately four copies, but you don't -- I don't want you
to speculate. If you don't know--
Hogan: Object to the form of the question and does at least in part
invade the attorney-client privilege.
Grady: I'll withdraw that question. Other than making copies -- a copy
for you, does Rhea Smith keep magnetic images of what has been captured?
Hogan: Ambiguous, assumes facts not in evidence.
Witness: I don't know.
Grady: Does Rhea Smith keep -- to your knowledge, keep a log of what is
downloaded when -- Does Rhea Smith keep any kind of auxiliary log of the
materials she downloads and prints and sends to you?
Hogan: Object to the form of the question; assume facts not in evidence.
It's compound and ambiguous.
Witness: I don't believe she does. The print off has usually the date
and who it's from and access provider and all stuff that usually appears
on stuff.
[...]
++++++++++++++++++++++++++++++++++++++++++++++++++
RELIGIOUS TECHNOLOGY CENTER, a Scientology Corporation, Plaintiff, v. GRADY
WARD, an individual, an individual, Defendant. NO. C-96-20207 RMW
DECLARATION OF GRADY WARD IN SUPPORT OF MOTION FOR ORDER TO SHOW CAUSE WHY
WARREN MCSHANE AND HELENA KOBRIN SHOULD NOT BE FOUND IN CIVIL AND CRIMINAL
CONTEMPT
[...]
8. The attached Exhibit 7 are excerpts from the deposition of Warren
McShane conducted under penalty of perjury on May 22, 1997. Exhibit 7 at
page 59, McShane falsely conceals the existence of Jean Carnahan and
falsely identifies Rhea Smith as the monitor since January, 1995. This is
the first mention of Rhea Smith in this litigation. Exhibit 7 at page 63
McShane admits that no other monitoring of the Internet is done other than
Smith and associates. At Exhibit 7 at page 73 McShane falsely says that "he
doesn't know" is magnetic copies of the Internet monitoring are kept,
despite his and later Carnahan's testimony that he and Kobrin were the sole
supervisors of such monitoring since January of 1995. He testifies falsely
later on this page that "he doesn't believe" that Smith keeps any kind of
auxiliary log of the downloads, once again, in contradiction to the later
testimony of Carnahan and Smith. Exhibit 7 at page 85 and 86, McShane
falsely says that he is the monitor of the Internet, once again actively
concealing the existence of Carnahan and Smith. Exhibit 7 at page 95 he
admits to getting reports on the monitoring virtually every day. Exhibit 7
at page 134 he once again conceals the scope and identity of the
monitoring. He knows ver well he could answer the question about the
Internet by consulting the vast data horde as collected and maintained by
Carnahan and Smith. Exhibits 7 at page 164 and 165 show that McShane
actually obtains postings from many different sources other than the
Carnahan and Smith, or else he is still trying to actively conceal their
data compilation.
9. The attached Exhibit 8 is the deposition under penalty of perjury of
Jean Carnahan conducted April 16, 1998. Exhibit 8 at page 10 she admits to
be the custodian of records to the Internet monitoring. Exhibit 8 at page
11 she admits that she has done this monitoring from February 20, 1995
through December, 1995. Exhibit 8 at page 13 and 14 she admits that her
supervisors for this monitoring were Warren McShane and Helena Kobrin. A
third party, Linda Hamel only had the role of confirming that she carries
out McShane's instructions. Exhibit 8 at page 15 she admits paramilitary
rank in a scientology organiztion. Exhibit 8 at page 19 she admits
maintaining all Internet records of alt.religion.scientology. Exhibit 8 at
page 20 she admits to keeping all magnetic records of her monitoring.
Exhibit 8 at page 49 she explicitly admits using the personal Internet
account of Helena K. Kobrin "HKK" for her monitoring. Exhibit 8 at page 52,
she admits to obtaining use of the account after consulting personally with
Helena K. Kobrin. Exhibit 8 at page 55 through 57 she admits that McShane
supervised her and frequently consulted with her during her period of
monitoring. Exhibit 8 at page 106 and 107 she admits to keeping other
written records, which were not disclosed by the plaintiff.
10. The attached Exhibit 9 is the deposition under penalty of perjury of
Rhea Smith conducted April 16, 1998. Exhibit 9 at page 7 and 8 she admits
to monitoring the Internet from the very end of December 1995 to the
present. Exhibit 9 at page 10 she admits to downloading "everything" from
the relevant Internet newsgroups. Exhibit 9 at page 12 and 13 she admits
that McShane personally supervised her work "two to three times a week"
also on 9 at page 13 she admits to keeping a full magnetic record of such
downloads. Exhibit 9 at page 27 she admits to sending reports directly to
Helena K. Kobrin. Exhibit 9 at page 28 she admits that no one else is doing
this monitoring work for RTC. Exhibit 9 at page 30 and 31 she admits to
making paper copies of about 25% of alt.religion.scientology postings.
Exhibit 9 at page 35 admits that another data compilation resides with
Allan Cartwright. Exhibit 9 at page 51 she admits to keeping additional
undisclosed logs of her monitoring.
[...]
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published March 1979:
Message-ID: <33c06500.169055015@snews.zippo.com>
TUESDAY, MAY 22, 1997
?: Allan Cartwright and to counsel.
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