James’ Attempts to Get This Site Taken Down

Anybody with half a brain should be able to realize fairly quickly that this website is not maintained by me. Even though the content is generally written in the first person, there is a very clear statement at the bottom of each page clarifying that the site was created and is maintained by the immediate family of Desiree Capuano. Since Fox and I are still legally married, he is legally my immediate family.

For some time now James has been trying to get this site taken down because he doesn't really want all the ugly truths about me made public knowledge on the internet. Unfortunately, though, since there is no libel, no defamation of character on the site, since everything on the site is actually true and correct, he hasn't been able to pursue any legal avenues. Sure, after much nagging from James, I've filed claims and charges of harassment against Fox, but since he's not actually harassing me (publishing the truth about someone does not amount to harassment).

So, James' latest attempt has been to file a harassment complaint with Fox's domain registrar. Unfortunately, since the web site is not actually being hosted by a provider - it's running on one of Fox's own servers, in his own data center - there's not much that can be done in that respect. And, I suppose, even if the domain registrar did refuse to provide the domain registration service, Fox could simply move the domain name to another registrar. And even if the Canadian authorities did tell him to take the site down - in complete violation of his right to free speech - he could simply move it to another server which is not located in Canada or the US.

I suppose if James could find some content on this site which is not true then we might have a case for libel, but even then Fox would just have to correct that single error.

But anyway, here's a copy of James' email to web.com, complaining about Fox and this site.

Registrant:

Web.com has received the complaint below regarding website activities associated with your domain name <<desireecapuano.com>>.

Please take a moment to review the complaint below and respond directly to the Complainant to address any issues to resolve the complaint.

Thank you,
Fraud and Abuse Agent
Web.com

From: japendletonjr@gmail.com
Sent: 8/16/2015 9:58:59 PM
To: abuse@web.com
Subject: Re: [tkt:5685015] desireecapuano.com

The website in question, http://www.desireecapuano.com is an abusive Doxxing website being used to harass me, and Ms. Desiree Capuano. (Who can provide a copy of her drivers license as proof of her identity.

The individual updating and running the site is one Richard Riess who is Ms.Capuano's ex husband from 15 years ago. Additionally, he runs a company called Solar Onyx, under which he may have purchased the domain.

He has posted my home address, home phone number, a picture of me, details regarding me, and a copy of my resume without my permission. I have an Injunction Against Harassment against him, which further makes this website's harassing content illegal.

Further, he is pretending to be Ms. Capuano on his website while posting further details of her, including intimate photos, phone number, email address, details of her contacts and associations, etc. This misrepresentation is also against the express request of Ms. Capuano who has a protection order against Richard.

We were directed to contact you by the Royal Canadian Mounted Police as his provider (Shaw) directed us to you. The matter has been handled for us by our local police department in Arizona. It is my understanding that Officer Montoya has already been in contact with you (I do not have a reference number) regarding this matter, and had resolution as of yesterday.(08/15).

However, as of today (08/16), the harassment website is back up.

If you need, I have emails from him directed to Ms. Capuano where he clearly states that the intent of the website is to threaten and harass her.

What additional supporting information can I provide to help in this matter? I can have both American and Canadian law enforcement contact you if need be.

Best Regards,
James Pendleton

On Aug 16, 2015, at 5:16 PM, "Web.com Abuse Support - Abuse Escalations" <abuse@web.com> wrote:

James Pendleton,

Thank you for contacting the Web.com, abuse department. We are committed to assisting people in taking action against fraudulent activity. In reference to your e-mail below, we will require more information to aid in the investigation of your reported concern.

If you are reporting suspected Phishing, Spam or Abuse, please provide us with the website including the complete URL that contains the content you want to report. If your concern is in reference to spam, please note we are unable to validate claims of spamming without the header of the offending email or the offending email address. For Phishing complaints, we require the domain name & URL link thought to be violation and the nature of the complaint.

Please reply to this e-mail with the requested information so that we can provide assistance. If you are not able to respond, please go to http://abuse.web.com/InquiryComplaints to resubmit.

Sincerely,
Fraud and Abuse Specialist
Web.com

Of course, there is actually nothing "harassing" about this website or it's content. It is simply a news and information site, with the goal of reporting only true and correct information about Desiree Capuano. The website is entirely passive. There are no unsolicited emails being sent. The maintainer of the site does not contact any parties regarding the site without the express consent of those parties. The pictures of, and information about the people on the site, other than Desiree, were all obtained from publicly accessible sources on the internet so there is no disclosure of private, personal, or confidential information in that respect. Even James' own resume was simply obtained from his public profile on the internet. It is difficult to get a court order to compel Fox to stop publishing information on the internet, which was already publicly available on the internet.

Oh well, we all make our own beds and we all have to sleep in them, I guess.