(Readers Note: This is the original Press Release Factnet put out on borrowed computers just days after Scientology had seized its all its computers and its 600,000 page library and archive. It contains the most detailed description of Scientology's motivation for conducting the raid.)

  1. FACTNet's rights to "due process" of law have been trampled.

    1. On August 21, Scientology convinced a Denver judge into believing FACTNet had stolen "copyrighted" materials and got the judge issue a seizure order based on this false information. To complete the deception Scientology deliberately did not mention that FACTNet was a nonprofit 501 (3)(c) electronic library and archive. Had the judge had this information he may well have hesitated to issue the seizure order.

      2. In executing the raid two armed marshals along with 6 of Scientology's people busted through the locked door of the FACTNet library and archive and entered the homes of two of FACTNet's directors.

    2. There was no due process or prior notification so that we could show the judge our library and archive had obtained all its copyrighted materials legally and properly.

    3. There was no due process or prior notification so that we could show the judge that the scope of his seizure was far beyond locating alleged copyright infringements and extremely damaging to FACTNet.

    4. There was no due process or prior notification so that we could show the judge that the raid was based on fraud by Scientology.

PART 1

  1. The raid tactic denied FACTNet and its directors (as individuals) due process under law and protection from unreasonable search and seizure. The over-broad search and seizure and evidence handling was conducted improperly. The scope of this seizure was far beyond locating alleged copyright infringements and extremely damaging to FACTNet and Lawrence Wollersheim and Bob Penny and Arnie Lerma as individuals.

  2. The extent of the material Scientology was able to copy and review using its deception of the judge and lack of due process raid was far beyond the scope of the order and has caused FACTNet far more harm than the alleged infractions Scientology sought to rectify.

  3. The real purpose of the raid was not to protect copyrights. The real purpose of the raid was to:

    1. gather intelligence on approximately 600 million dollars in worldwide ongoing litigation against Scientology and pierce attorney client and work product privileges associated with FACTNet and that litigation,

    2. gather intelligence on several government investigations on Scientology outside the U.S. that were using the FACTNet library and archive,

    3. gather intelligence to silence the approximately 8,500 Scientology ex- members and defectors in our mailing list. Some of these individuals are defectors from Scientology's own intelligence division and have been helping us gather and verify reports of Scientology's ongoing abuses and illegal activities.

    4. bankrupt and destroy the FACTNet library by keeping FACTNet off-line and it's equipment and documents tied up in litigation.

    5. gather intelligence on the approximately 300 reports we have accumulated over the last three years on suicides, attempted suicides and people becoming psychotic because of Scientology processes and tactics, particularly relating to the secret initiations contained in the copyrighted "Fishman/Geertz documents" which Scientology deceived the judge into believing we stole. The "Fishman Geertz documents" (the documents in question) were already published many times and were part of public court records and were themselves also fraudulently copyrighted and transferred by Scientology's founder L. Ron Hubbard.

      6. FACTNet spent approximately $60,000 preparing this suicide material for a formal request for a grand jury investigation. Scientology now has all the reports and information. It has successfully crushed this grand jury preparation work and, true to its proven harassment history, may now be able to intimidate the victims and the families of the victims into silence or retraction.

    6. Had the judge known the facts, even if an order of seizure had been issued, it is reasonable to suppose he might have hesitated to allow Scientology to conduct the raid or to remove any evidence. At the least, he likely would have ordered the Marshals to take everything into custody until proper procedures could be agreed upon for examining the materials. In this way Scientology's allegations could have been dealt with, while protecting the privacy rights of FACTNet, Lawrence Wollersheim and Bob Penny .

  4. Lack of due process and an over-broad search and seizure order resulted in an improper search. All evidence gathered by Scientology must be argued and treated by our defense team as corrupted, tainted, unusable and unreliable in a court of law.

    1. It was not U.S. marshals who did the actual searching for the alleged "stolen" copyrighted materials. Six of Scientology's people searched FACTNet's library and archive, and the homes of Lawrence Wollersheim and Bob Penny .

    2. During the raid, the Scientologists grabbed thousands of uninventoried documents with the marshals' approval. They could do this because the ~ marshals stated "they did not have time to inventory the documents because that would take another 2-3 hours."

      3. When the marshals first entered the FACTNet library they personally guaranteed Lawrence Wollersheim that they would not leave without giving him a complete inventory of what was being removed. No such inventory was produced.

    3. Scientology's people went through all the materials taking whatever they wanted. 30,000 dollars in computers, 7 gigabytes of computer files, and l several hundred thousand pages of hard copy were turned directly over to Scientology and its lawyers without any government control, oversight, or protection from contamination.

    4. At the raid, Scientology's people were not searched in any way BEFORE they entered FACTNet's premises. The could easily have carried disks and other documents in with them. After the raid, the materials were left unguarded every night. Scientology's people who assisted is reviewing the "hits" and printing out the "hit" documents were never searched either entering or leaving the rooms.

    5. Scientology has an extensive history of criminal convictions. In an authorized search, the FBI seized tens of thousands of pages of Scientology's own internal secrets. These seized secret records conclusively show that Scientology has a policy of regularly stealing records, planting false records or altering the records of their adversaries in all types of covert operations. Scientology enacted this raid with the worst of bad faith and malice as an intelligence and intimidation action against their critics. The judge who authorized the raid was told none of this.

  5. First amendment free speech rights, newspaper rights, freedom of religion (as individuals), freedom from religious persecution by your former religion (as individuals), and first amendment rights to petition the government (FACTNet's grand jury investigation) were all violated by Scientology's seizure). The balance of first amendment rights is clearly in our favor.

  6. "Restatement of agency" concepts, which protect the safety of unknowing third parties, further compelled FACTNet to disclose Scientology's materials,

  7. Scientology's misuses and perverts copyrights and trade secret laws for purposes never intended by the creators of those laws. It uses them and bogus confidentiality agreements to hide illegal actions, abuse, and critical information about individuals who are being severely harmed by its activities.

    1. Scientology comes to the raid with prior "unclean hands" from its criminal history and its previous buying, stealing or crushing critical copyrighted or non copyrighted materials.

    2. Scientology's misuses copyrights to silence legitimate religious dissent and Scientology reformers, reform movements and former members.

    3. Scientology's copyrights relating to the "Fishman Geertz documents" were fraudulently obtained and transferred.

    4. Scientology's copyrights relating to the "Fishman Geertz documents" were fraudulently obtained through plagiarism.

    5. Scientology's materials are no longer trade secrets because they are so public. It has failed to protect its alleged trade secret and copyrighted materials. As of 10/10/95 the Fishman Geertz materials were on over 70 Internet sites that were not being raided or sued by Scientology.

      6. Scientology has inadequately and only selectively protected its copyrights and trade secrets. It has not filed suit on the 70 sites. It sends letters then does nothing more. If it prosecutes, it only prosecutes a few uninsured or weak sites.

      Unless it continues to prosecute every single violator on and off the Internet during the time before our trial which will be impossible we should also be able to argue their copyrights and trade secrets are invalid because of non protection by them.

  8. FACTNet is an electronic library and historic preservational archive.

    1. FACTNet is attempting to translate traditional real world library and archive formats and procedures into the electronic world of the Internet and other electronic information processing technologies. The archive paradigm does not translate exactly to the new electronic library and archive paradigm. FACTNet has taken every good faith action possible to translate traditional library and archive concepts to the new paradigm.

    2. As a historic preservational archive, FACTNet makes electronic copies to preserve documents that could otherwise be lost to society through theft, sabotage, or other tactics designed to remove information vital for public safety.

    3. FACTNet obtained its copies of Scientology's allegedly copyrighted materials legally and possesses them within the scope of the normal functions performed by libraries and archives, including fair use copying by libraries and archives,

    4. "Fair use" copyright definitions need to be updated and expanded in relationship to the new information technologies and the normal use and culture of the Internet. This must be done because the Internet is the greatest communication medium ever invented in the history of mankind and is, in many ways, far beyond in power and scope any previously existing communication medium.