On February 28, 2006, I received the following cease and desist letter as a result of satirical cartoons focusing on the shenanigans of a local Hawaii politician. The body of the letter follows:
It has been disclosed to me that you are the registrant of the domain names “BevHarbin” abd “BeverlyHarbin”, by which I am known in both my public and private life, and which I have been denied for use on my website. Having visited your websites, it is clear that you are using these names to misrepresent my public positions on matters and to defame me personally. I also note that you have offered the names for sale. This is a violation of Hawaii law and public policy and is also prosecutable under the federal Anticybersquatting Consumer Protection Act.
In order to avoid legal action from me, please case your use of these names immediately and release them to me within forty-eight hours of your receipt of this notice.
Sincerely,
Representative Bev Harbin
House of Representatives
State of Hawaii
Interestingly, I never put any of those websites up for sale. The Beav must have mistaken my registrar’s domain name parking splash as a for sale sign only confirming that most politicians in office know about technology about as much as a hole in the ground. Also, how a public official with a highly publicized criminal past could possibly be defamed is beyond me.
While always a staunch defender of the first amendment and the right to free and creative speech critical of public figures, particularly those with criminal records, I am but a practical person.
Talk Stink runs advertising, but it is nowhere near self-sustainable in any business sense and the mere thought of the cost of any legal proceeding — hell, driving to the court house and paying for parking means dry ramen noodles for dinner — had it’s intended effect:
At the end of February 2006 the quality and quantity of posts to all of my websites diminished under the chilling threat of a litigious politician.
Next: I respond to legal threats only way “teh emo” can — artistically!
