[tor-talk] Court – Official statement part #1
cb736 at yahoo.com
Wed Jul 2 22:32:25 UTC 2014
Statement part #1: https://rdns.im/court-official-statement-part-1Posted on July 2, 2014 by Will
As seen possibly here, or here i lost the Tor case and was sentenced to 3 years probation (instead of 3 months jail) and all fees (court and experts, Assumption ~30000EUR, not less than 20k for sure).
The sentence is based on §12 which allows for anyone to be dealt with as perpetrator (which is a pretty dictatorial law IMO) and this is based on that i knew it *could* possibly be used for criminal activity (in this case child pornography).
I won’t write much more yet before i have the written ruling (i do not even know my probation terms yet) but merely want to explain why i won’t appeal this sentence:
First would be that I simply can’t afford it anymore, donations covered a lot of lawyer fees but i had to use my entire money on this case as well, i’m now bankrupt and the garnishment (a rare word, DE: Pfändung) of my income (to pay the 20k+ costs) does not help with it either. I have high medical costs as well besides which are more important. I’m not really interested in more external funding due to taxation issues with larger amounts (and i do not want *another* crime on me).
Second is that i just want to be done with this, i had now years of “issues” (i would write “harassment” but then i get sued again for sure) (Ex: Citing my boss to the police for questioning (x3); physically monitoring my boss in Vienna; citing friends to the police for questioning (x2); confiscation of bank transaction data; Polish extradiction threats for hacking cases there (x2); citing me for useless questioning causing lawyer costs (x5+) etc. etc.) – It’s now finally over and besides the cost i CAN live with this sentence, it does not show up in police registers and won’t be an issue for work and alike in the future.
Third is the mental component, this years of “horror” changed a lot up to me being hospitalized (x3…) with paranoid schizophrenia (which was a wrong diagnosis, but still it’s not helpful if you HAVE to assume permanent monitoring of everything), PTSD (among other issues) and now taking medication – It took it’s toll, including me getting fired for being in the clinic/sick stay for a long time, i just can’t afford to loose my job or go the clinic again even if i actually should be still there.
Fourth is the attention, media and personal – I don’t really like any attention on myself, especially when others should get it (like some public cause, Pirateparty or alike).
So this is it for now, stay tuned for more in a few days.
From: Joe Btfsplk <joebtfsplk at gmx.com>
To: tor-talk at lists.torproject.org
Sent: Wednesday, July 2, 2014 5:11 PM
Subject: Re: [tor-talk] Court – Official statement part #1
On 7/2/2014 11:41 AM, Eugen Leitl wrote:
> Apologies, not sure this has been posted already in the thread, I'm
> Court – Official statement part #1
> Posted on July 2, 2014 by Will
> As seen possibly here, or here i lost the Tor case and was sentenced to 3
> years probation (instead of 3 months jail) and all fees (court and experts,
> Assumption ~30000EUR, not less than 20k for sure).
> It’s now finally over and besides the
> cost i CAN live with this sentence, it does not show up in police registers
> and won’t be an issue for work and alike in the future.
Unless your "conviction" or settlement (what ever the legal term in
Austria) for this situation is unusual in the Austrian legal system,
the fact of it not showing up on your permanent record, so it won't
affect getting work in the future, etc., is QUITE different than in the
U.S., for similar "crimes convictions." Of course, every legal matter &
decision is different.
Perhaps it was part of the probation that if you behave, it will be
expunged (removed) from your record?
But for *adults* convicted of crimes (certainly ANY thing to do w/ child
porn or abuse), it would remain on your record until death.
Sorry, I couldn't load the linked page for "official statement part 1,
so didn't get the exact crime they eventually convicted you of.
Maybe your conviction wasn't "child prOn trafficking, but if convicted
of the *least* possible crime involving that (or sexual abuse of a
minor) in the U.S., it probably will remain on your record.
Unless due to circumstances, a U.S. judge feels your record should be
expunged, once probation is fulfilled. If the law even gives a judge
that leeway, for a specific crime.
> So this is it for now, stay tuned for more in a few days.
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