desireecapuano.com domain and related services
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Wed, Jul 30, 2014, 7:10 PM
Subject:
desireecapuano.com domain and related services
Desiree: Please be advised, due to my lack of interest in dealing with GoDaddy (or any other US based hosting provider) I intend to transfer the hosting of the aforementioned domain, and all services thereto related, to my own servers, which are based outside the US and will, therefore, not only not be subject to US laws and regulations, but will also be under the exclusive control and authority of...well, me. If you have any objections to thus intended change please submit them at this time. Thank you for your time and for your ongoing support of the Desiree Capuano Foundation. Sincerely, Patrick Fox
From:
To:
Date:
Thu, Jul 31, 2014, 6:14 AM
Subject:
Re: desireecapuano.com domain and related services
Patrick, I am not sure what this means? You are going to maintain the website, but believe you will not be subject to any US law? If you could clarify for me please and thank you. Shayne
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Date:
Thu, Jul 31, 2014, 7:54 AM
Subject:
Re: desireecapuano.com domain and related services
Good morning, Detective Tuchfarber. The US law to which I referred is civil, not criminal. Currently the domain desireecapuano.org, including the web site and email servers, is hosted on a server belonging to the provider GoDaddy.com, and that server is located within the US (specifically, in Phoenix). Desiree could, if she was so inclined, seek an injunction in civil court, to compel GoDaddy to take down the site. Of course, she would have to establish that the information on the site is libelous. The civil court, if it found that the information was, in fact, libelous, and was NOT protected by the 1st Amendment, could issue such an injunction and GoDaddy would then have to take the site down. By moving the domain, including the web site, to my own physical servers, then such an injunction would have to be against me (rather than GoDaddy); and by moving it to my physical servers located outside the US, the US civil court would not have jurisdiction over it. And such an injunction would not have power. None of that is very relevant anyway, because the content on the web site is all factual and protected by my 1st Amendment right to free speech. If anything, a civil court could only require me to include a disclaimer stating that the site is NOT maintained by Desiree - which I am already doing in the footer of each page. Desiree and I are still legally married, so I am still a member of her "immediate family". The reason for the decision is that Desiree has complained to GoDaddy that I have violated their spamming policy and they have openned an investigation. They will eventually find that I did not violate the policy, however, it still creates a nuisance for me (and for GoDaddy) which I must address in order to remain in good standing. Moving the domain to my own servers eliminates the possibility of that happening again. I intend to honor our agreement to refrain from my pursuits of ruining Desiree's life and career "for the time being", with the understanding that the Phoenix PD will be addressing, or at least looking into, the matters of her ongoing drug use and her continued attempts to convince Gabriel that marijuana is a "good thing" and that in time he will "learn to love the smell of it" (those are quotes from Gabriel). I also expect that you will be keeping your agreement to have a representative of the Phoenix PD interview Gabriel, in confidence, about such matters. If you have any further questions please do not hesitate to let me know. Thanks, Fox
From:
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Date:
Thu, Jul 31, 2014, 12:03 PM
Subject:
Re: desireecapuano.com domain and related services
Fox, Thank you for the informative, and lengthy explination! I appreciate the fact that you are at least willing to let us conduct an investigation and are giving us time to speak with Gabriel. It is my understanding that school is starting in the next week or two, depending on the distict. I would ask that you allow us time to not remove him from his first week or two of school. Let me know your thoughts and again, I appreciate your time. Shayne
From:
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Date:
Thu, Jul 31, 2014, 12:18 PM
Subject:
Re: desireecapuano.com domain and related services
Detective Tuchfarber:
I was thinking 3 months would be a reasonable amount of time. I understand you're busy and probably have many, much higher priority cases to deal with.
Patrick
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Date:
Thu, Jul 31, 2014, 7:21 PM
Subject:
Re: desireecapuano.com domain and related services
You are correct about that. Thanks for the time frame, that should be plenty. Shayne
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CC:
Date:
Sun, Nov 02, 2014, 6:27 PM
Subject:
Re: desireecapuano.com domain and related services
Good evening, Detective Tuchfarber. As you may recall, three months ago I agreed, in good faith, to refrain from my pursuits against Desiree Capuano, with the understanding that you would arrange to have a representative of the Phoenix PD speak with Gabriel regarding his custody desires and Desiree's drug use in his presence, as well as, investigating Desiree's ongoing involvement in drug use and trafficking. That three month duration has since expired and I have upheld my part of the agreement. I have refrained from all active pursuits against Desiree. I am informed, however, that the actions you had agreed to pursue have not transpired. I shall, therefore, consider our agreement void. I shall proceed with my originally intended pursuits with respect to Miss Capuano, as discussed in July of this year. If you have any questions or concerns please feel free to contact me at your convenience. Sincerely, Patrick Fox