Need help /raided and computers seized

[RawAlex]

Originally Posted by Chop Smith

Asked the same thing on 11/18/05 - http://www.greenguysboard.com/board/...2&postcount=27

Damn with airing dirty laundry

Especially when you start to read things closely, you can see where there was a certain amount of "not telling all the truth" in regards to permits, buisness licenses, and potentially some of the declarations made in bankruptcy court. Through all of this, I don't see a single permit for operating an adult oriented BDSM dungoen in a residential neighborhood.

The rest is the rest...

Alex

[fetish1]

Originally Posted by RawAlex

Especially when you start to read things closely, you can see where there was a certain amount of "not telling all the truth" in regards to permits, buisness licenses, and potentially some of the declarations made in bankruptcy court. Through all of this, I don't see a single permit for operating an adult oriented BDSM dungoen in a residential neighborhood.

The rest is the rest...

Alex

Aw Alex come on...if you read the responses, it's not them, we just keep reading EVERYTHING wrong!!!

[Useless]

Originally Posted by fetish1

Aw Alex come on...if you read the responses, it's not them, we just keep reading EVERYTHING wrong!!!

Maybe we are all mis-interpreting webwoman's posts due to the fact that her writing skill is a cross between Tommy's and Yahook's. Little punctuation and little sense.

[Papa]

Originally Posted by Greenguy

What are the odds that none of this would have gotten out to the media without threads like this & articles on YNOT.

If this happened to me, I'd be doing my fucking best to keep it out of the news.

Thumbs up !

Also, what is obscene ?
I mean for the old housewife, sucking a dick is obscene ?
Anal sex is for others, piss sex is ok for some ?

Where do you draw the line ?
What's next ? Gays are obscene ? Lesbians are obscene ?

Ok now blood ? I mean, they are not forced and they are not underage ! I hate the way people are trying to control everything you think and see.

[SexycityBrian]

Wow this was a lot to read. It would be hard to have an opinion on this although I didnt see where the Police changed their story 3 times I did see where they changed it one time.
this was from the ynot article
"Although the Enfield police department insists that it presented Silva with a search warrant, which would provide information about the reason for entering her home-based business, she insists that such is not the case. According to an email sent by Silva, the police insisted that they were “looking for something specific” and that they would present the warrant once that had been located."
and this was from the Journal Inquirer
"Timmerman says Silva's lawyer has contacted the Police Department and that the search warrant was sealed at the time of the raid."
For reference it is Capt. Timmerman. It just makes me wonder how webwoman would know the contents of the search warrent as the police said she did if the search warrent was sealed at the time of the raid. Just making a wild guess It sounds to me based on the reasons for the investigations that it might have been drugs they were expecting to find and webwoman was never shown the warrent the bdsm stuff was and after thought and the police have had the warrent sealed while they try to figure out how to get their ass out of a sling. Anyway I hope everythings works out for the best

Brian

[tigermom]

If I were the owners of this board, I'd be weary of these threads even being here. Next thing you know, you'll be facing a libel suit from someone... spoken from experience, btw

[RawAlex]

Brian, read carefully!

"According to an email sent by Silva, the police insisted that they were “looking for something specific”"

Hearsay. Silva said that the police said. There is no direct quote from the police, no press release or interview made, just words passed through the person involved. Therefore the police have NOT changed their story. Possibly Silva's understanding of the police's story many have changed.

Papa, obscene is whatever it is. It isn't "now blood" or "Gays obscene". Obscenity in the US currently is judged on a community standard's basis. The issue always comes "which community" when talking about internet porn.

Remember, this webmistress was also selling DVDs and videos, which means that in the long run, there may be issues regarding "what is obscene" in a place like Tennessee or Utah. None of this is clear because the police are not talking, it is a totally one sided deal.

I notice, by the way, that the site that discusses sessions, movies and videos for sale, and whatnot has been removed (and all the back pages removed) and replaced with a beg for dontations. Interesting that this is gone but the other websites are still up and running fine.

Hmm.

Alex

[webwoman]

I cant say that green guy and jim has gotton any good response from anyone. It shows a Total lack of knowledge of the legal system.
Some statements that were written were pure slander and has caused harm because of its inclusion in the news paper
The court date is thursday the 5th

The search and seizure of Silva's property prompted a vigorous discussion on the forum, called "Greenguy and Jim's Ultimate Adult Webmaster Board." When the warrant was still sealed, other posters on the forum looked at some of Silva's websites, which included EmpressM.net, Northeastgoddess.com, and Fortressofpain.com. The web posters read descriptions of the services she provided at rates ranging from $300 per session to $1,000 for an overnight stay, and came to a similar conclusions as the one that police may have come to.

"Gonna be hard to fight the prostition (sic) rap when you accept donations or tips for sexual services, whether it involves intercourse or not," one poster wrote.

If you have an interest to know what is really taking place then read this I am the videographer at EmpressM.net. As you may be aware, the Enfield CT police have kept everyone in the dark as to why they raided Michelle's home business. The police have made several contradicting statements to the press, as to the nature of the search and seizure. After countless blogs began circulating around the internet, as well as local newspaper coverage, the Enfield Police released the affidavit to the Hartford Advocate (before notifying us and our attorney, Daniel Silver).



The affidavit contains scrambled text from our website, EmpressM.net. It also contains a 3rd party blog, written by one of the actresses who star in the videos. The detectives, William Cooper and Michael Bailey, however, edited out the parts of the blog which reveal it is actually a review of a video shoot written by one of our actresses. Nowhere does the affidavit explain the nature of EmpressM.net to be an adult membership website, in which viewers pay $29.95 to watch videos in the privacy of their homes.



I was present with Michelle Silva, also known as Empress M, at the time she applied for an adult home-based business at the Enfield Town Hall to be called "M Consulting". The Zoning Enforcement Officer, Wayne Bickley asked her the nature of the business, to which Michelle told him she creates adult content for an on-line website. The permit application actually contains the words: "Adult content, adult-based membership website "(Bickley omits those words when speaking to the press however, and simply states, "membership website"). He and the town clerk had no problems with the permit application at the time, and both signed it. Bickley also adds in a statement to the Journal Inquirer, he intends to consider action of his own when he finds out more from the police. He did not tell the police however, when they asked him on 11/07/05 a week before the raid, that M Consulting was an adult business (as described above). Strangely, Bickley was present at the raid, and when Michelle and I revealed to the detectives it was Bickley who signed the permit application he shouted, "It was for M Consulting"! Appearing angry, Bickley immediately charged out the front door and never returned. The detectives appeared puzzled. One of the detectives said, "Thats funny, Wayne Bickley is the one who started all of this".



The copy of the affidavit, sent to the Hartford Advocate, by the Enfield Police indicates the police were sent anonymous letters. The sender claimed to have discovered EmpressM.net while surfing the internet. The sender was able to look up Michelle's address on her U.S.C 2257 compliance statement and referred to it as a "privacy policy". The sender urges the police to look it up themselves. The detectives fail to mention in the Affidavit, EmpressM.net is actually an adult website that members pay $29.95 to watch video, nor do the detectives clearly identify "privacy policy" as actually being the U.S.C. 2257 Compliance Statement as required by Federal Law.



The Affidavit, prepared by Detectives Cooper and Bailey presents a mish-mash of 3rd hand statements, anonymous letters and blogs taken out of context. I am troubled that an anonymous person can look up our personal information on the U.S.C. Compliance Statement and without first identifying themselves, present it to an organization such as the local police, who in turn use that trust to raid our home and ruin our lives.



Lucky Knight



P.S. In a raid that would take nearly five hours to conduct, the police seized our computers, monitors, cameras, content and nearly all of our personal effects including my personal cell phone, thus in effect preventing us from be able to earn a living. We have not been arrested or charged for anything. Michelle is about to lose her home she has owned for more than ten years.

[webwoman]

Silva's lawyer, Daniel Silver of New Britain, also said this week that Silva's First Amendment rights are being violated by the shutdown of her business while the police investigation continues.

"What the town did, (what) the police did, is came in and they seized all of (Silva's) computers, servers, and everything else, which does not allow her to continue in the business of selling protected materials," Silver said in an interview Wednesday. "It's a prior restraint of First Amendment activity ... There is a large amount of case law that says they just can't hold that stuff."

Silver has filed a motion in Superior Court for the return of Silva's seized property. A hearing on the motion is scheduled for Jan. 5.

According to police, it will take months for the state police forensic laboratory to analyze Silva's computers and other items seized as part of the investigation, but Silver said copies of the material could be just as easily examined.

"It's easy enough to download on a CD everything that's in that computer and give the computer back," Silver said. "To keep this at the crime lab for the next year, which would prevent her from doing business here or elsewhere, is where the constitutional basis comes in."

He added, "Even if something was going on so that there was a potential zoning violation. there is no evidence of prostitution."

[Chop Smith]

Originally Posted by webwoman

I cant say that green guy and jim has gotton any good response from anyone. It shows a Total lack of knowledge of the legal system.
Some statements that were written were pure slander and has caused harm because of its inclusion in the news paper

, how many times were you advised not to hang your dirty laundry here and to get a lawyer? This is not a legal board but, just like an asshole, we all have an opinion and someone came here asking for an opinion. The posters in this thread damn sure did not seek you out.

[webwoman]

That does not change the facts. I did not ask for legal advice.
Media is important and this site was the first one i wrote at because i thought it had an understanding of the webmaster part of my site which is 100% legal. Instead i got people who thought it might be more interesting to post my private site and pretend that it was part of my membership sites.
The truth is that just because i'm Mistress does not mean that i cant be a webmaster. But thats what most said.
I dont run from my problems and the police can see that it made a huge mistake. But i thought i would share it seeing how this site ended up in the paper.
All infomation was taken from news groups and sites some not even mine. That goes to show you that these types of boards are watched.
Dont you understand that if they can police boards that anyone can be accountable to have to answer to third hand information. its does not have to be true to use as probable cause.
I guess what was truly upsetting is watching everyone attack and bash each other. That cant be good.

[Useless]

Originally Posted by webwoman

That does not change the facts. I did not ask for legal advice.

Are you sure? Then what did you mean by "need help" in this thread's title? Did you just expect us all to ask where we should send our donations to your cause?

The police took all of your computers and you are losing your home, yet you have both the capability and time to post here. Toss in the alleged harm you are suffering from our words and one might think that you are either a glutton for punishment or a pathological liar.

By the way, in order for anyone's statements to you or about you to be considered libelous, you'd need to prove that those statements damaged your reputation. Which reputation would that be?

[GonZo]

Originally Posted by webwoman

That does not change the facts. I did not ask for legal advice.

Doesnt change the fact that you were trolling for donations either.

[DJilla]

Originally Posted by webwoman

That does not change the facts. I did not ask for legal advice.
Media is important and this site was the first one i wrote at because i thought it had an understanding of the webmaster part of my site which is 100% legal. Instead i got people who thought it might be more interesting to post my private site and pretend that it was part of my membership sites.
The truth is that just because i'm Mistress does not mean that i cant be a webmaster. But thats what most said.
I dont run from my problems and the police can see that it made a huge mistake. But i thought i would share it seeing how this site ended up in the paper.
All infomation was taken from news groups and sites some not even mine. That goes to show you that these types of boards are watched.
Dont you understand that if they can police boards that anyone can be accountable to have to answer to third hand information. its does not have to be true to use as probable cause.
I guess what was truly upsetting is watching everyone attack and bash each other. That cant be good.

REPEAT

Originally Posted by DJilla

You have my utmost sympathies and I truly have an idea of what you are going through. Here's the rub and take my words as gospel... first of all stupid realize everything you post here is and will be evidence. Whatever you declare here you will have to defend there.
So shut the fuck up and get a lawyer immediately.

Additionally, you have just gone through a scary and difficult time. You should know that it has just begun. It will get much worse from here on out and will last a minimum of two years of fucked financials, major inconvenence, threat to your freedom, and maybe even an upcoming incarceration and payment of a bond that depending on your state maybe many tens of thousans of dollars.

Unless you have 50,000+ to invest you will end up loosing on some aspect of this matter. So don't be more stupid and think a jury is an option. Close this matter as expeditiously as possible take your lump and move on .. or out.

A note to all naive people running porn sites:

As much as you're pleased with yourself and popular at parties... you should remember that to most others you are a smut peddler slightly above lizard on the scale of evolution and they want to stamp you out. You are lucky to even be in this business.... a decade ago someone would be throwing combustible materials in your winows or meeting you in an alley. Prosecution has always been a sister to pornography. If you are not prepared for the prospect don't cry later
If you had done your due diligence when starting this business and done a simple internet search of news articles on the subject you would have found that this kind of prosecution is fairly common in different locations over the years in amost identical circumstances as yours.

One lesson that your exprience illustrates is if you are on the web don't operate locally. If you operate locally stay the hell off the web.


Another is: have plenty of cash offsite and a backup of your webspace in multiple locations.

Another is: have lunch with a lawyer at least once every three months. If you're not playing tennis with him/her you've got the wrong lawyer. Don't have a lawyer? Next....

The porn biz is a war zone. People and orgnizations are trying to demolish you, ruin you, ridcule you, hurt you, put you in jail. They go to bed thinking about the subject and they wake up thnking about the prospects. They are obsessed. They have power. They have guns, and cars, and radios, and snoops, and snitches, and subpoenas, and more guns.

It is also a business ripe with fraud and criminal enterprise and an easy political target. There's a lot of stuff swirling around this. Many, many, WM's should really reconsider.

Phew... I feel so much better already with that off my chest!

[MadMax]

Originally Posted by webwoman

I cant say that green guy and jim has gotton any good response from anyone. It shows a Total lack of knowledge of the legal system.
Some statements that were written were pure slander and has caused harm because of its inclusion in the news paper
The court date is thursday the 5th

This is the type of thing that happens when you cry about legal problems on a message board.

[Chop Smith]

These were my opinions in November:

Originally Posted by Chop

I just cannot figure why folks air their legal problems in public.

I think publicity like this hurts our industry.

There is a time to keep your fucking mouth closed.

This is my opinion in January:


Good luck, Webwoman

[RawAlex]

I had a really good response written, well thought out, filled with the required number of sighs and pokes.

I deleted it.

The article(s) are nice, but without proper attribution, there is no way to tell who really said what. Quoting from one article without saying where it was found, and then quoting another article underneith it that appears to be written by a blogger doesn't do much for me.

Again, each and every one of these "articles" appears to have been written with only two sources: You and your lawyer.

I went back and looked at page one. Each and every one of us said "stop posting, get a lawyer". Yet, here you are, posting on and feeding the frenzy. I truly don't get it.

Alex

[Tommy]

well this had an interesting end

http://xbiz.com/news_piece.php?id=15564

no criminal charge just a zoning violation

it seems we made a bigger deal out of it then the police did