https://github.com/Enegnei/JacobAppelbaumLeavesTor/blob/master/JacobAppelbau...
Some elements are now in court, there are a number
of people filing statements, here is one of them...
https://www.courtlistener.com/recap/gov.uscourts.cand.340308/gov.uscourts.ca...
For Exhibits A through P, run the 0.pdf from 1.pdf through 16.pdf .
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
OAKLAND DIVISION
PETER TODD, an individual, Case No. 4:19-cv-01751-DMR
Plaintiff,
DECLARATION OF JACOB APPELBAUM
v. IN SUPPORT OF PLAINTIFF'S
OPPOSITION TO DEFENDANT'S SPECIAL
SARAH MICHELLE REICHWEIN aka MOTION TO STRIKE PLAINTIFF'S
ISIS AGORA LOVECRUFT, an COMPLAINT (ANTI-SLAPP MOTION)
individual,
Date: August 22, 2019
Defendant. Time: 1:00 p.m.
Location: Courtroom 4
Complaint Filed: April 3, 2019
I, Jacob Appelbaum, do hereby declare:
1. I am a US citizen and a legal resident of Germany for
the last six years. I
executed this declaration in Germany. I am not a party to this
lawsuit. Unless otherwise
stated, I have personal knowledge of the facts set forth in this declaration.
2. I am an investigative journalist and an academic
researcher in the fourth
year of my doctoral studies in mathematics at the Eindhoven University
of Technology
(TU/e) in Eindhoven, Netherlands. I was a contractor and an employee
for approximately
eight years with The Tor Project non-profit, a primarily U.S. and
European government
funded free software project designed to provide online anonymity.
3. I met the Defendant Sarah Michelle Reichwein a/k/a Isis
Agora Lovecruft
("Defendant" or "Lovecruft") through a mutual acquaintance in a
non-work context, they
later joined the Tor Project as a contractor.
4. I have been a target of Defendant's pattern of
malicious behavior, in a
manner mirroring that described by Plaintiff Peter Todd ("Plaintiff"
or "Todd"). Lovecruft's
malicious behavior has included Lovecruft's publication of a number of
public statements
falsely claiming that I had sexually assaulted and raped Lovecruft and others.
5. For example, on June 3, 2016, the website
was
published. The website as originally launched was written as an
impersonation of me,
and then rewritten to pretend that the authors were concerned about my
well-being after
it received extremely negative feedback. A true and correct copy of an
incomplete,
archived version of the website as it originally
appeared is
attached hereto as Exhibit A.
6. As later modified, the website displayed several false
and primarily
pseudonymous stories by a "victims collective" alleging that I had
"harassed, plagiarized,
humiliated, and abused -- sexually, emotionally, and physically." True
and correct copies
of complete pages from this website are attached hereto as Exhibit B.
7. A true and correct copy of one of the false claims of
sexual assault against
me, which was initially published under the
pseudonym "Forest" on
, is attached hereto as Exhibit C.
8. On June 13, 2016, Lovecruft stated on their personal
blog located at
, that Lovecruft was Forest in Forest's
claim of sexual assault
on . A true and correct copy of Lovecruft's June
13, 2016 blog post
is attached hereto as Exhibit D. Further, Lovecruft stated that they
had spent two years
"seeking out other victims, in order to develop the collective
capacity to defend ourselves
and to have the simple ability to speak out in a manner which would be
heard and not
discarded."
9. Lovecruft later escalated their allegations against me
to include claims of
rape. A true and correct copy of an August 15, 2016 Tweet by Lovecruft
falsely accusing
me of rape is attached hereto as Exhibit E. Based on my prior personal
and professional
relationship with Lovecruft, I am familiar with Lovecruft's Twitter
account and handle.
10. Lovecruft also falsely claimed that I had harassed
them, threatened them,
and sought to retaliate against them. A true and correct copy of a
chain of Tweets that
Lovecruft posted on October 11, 2016 containing a sampling of these
false claims against
me is attached hereto as Exhibit F.
11. Lovecruft's statements accusing me of rape and sexual assault are
absolutely false.
12. Further, Lovecruft's statements accusing me of
retaliation in any form,
including harassment and threats, are also absolutely false.
13. Following Lovecruft's publication of false claims
against me, I repeatedly
and publicly expressed my commitment to working to resolve any conflict or
misunderstanding arising from my personal and professional conduct
through mediation
or other means. A true and correct copy of one such public statement
(comprising a
Twitter chain and linked blog post) is attached hereto as Exhibit G.
14. As stated in Exhibit G and reiterated here:
"Inevitably, there may have been moments in my professional or
private life
when I may have inadvertently hurt or offended others'
feelings. Whenever
I was aware of these instances, I have, and will continue to,
apologize to
the friends and colleagues in question and to continually
learn how to be a
better person."
15. Despite my efforts to resolve Lovecruft's false
accusations against me,
Lovecruft has refused any and all attempts at mediation. A true and
correct copy of a May
12, 2017 Tweet by Lovecruft, publicly refusing to attempt to resolve
this conflict, is
attached hereto as Exhibit H.
16. While Lovecruft has repeatedly and falsely accused me
of multiple crimes
(including rape, sexual assault, threats, and harassment), Lovecruft
never pursued civil
or legal recourse against me either in Germany or any other country,
thereby denying me
the opportunity to clear my name through due process in a court of law.
17. As discussed above, Lovecruft has claimed that I
perpetrated crimes
against Lovecruft in Germany. However, Lovecruft has publicly rejected
the use of the
German legal system (see Declaration of Isis Lovecruft) and
additionally, reportedly
stated their intention to commit perjury in the event of court
proceedings. Attached hereto
as Exhibit I is a publication on 18 Oct 2016 by my former university
colleague Kit, who
uses the handle @SchrodingersK1t, discussing Lovecruft's intent to
prevaricate in legal
proceedings.
18. Since initially making these allegations against me,
Lovecruft's accusations
have been inconsistent in their severity. For example, in Lovecruft's
Declaration, they
represent their allegations as "sexual harassment" and "assault."
However, in other fora,
including a number of Tweets, Lovecruft accuses me of "rape" and
specifically of raping
her. A true and correct copy of a February 6, 2017 Tweet by Lovecruft
falsely accusing
me of rape is attached hereto as Exhibit J.
19. Lovecruft's accusations have also since escalated from
"rape" to "serial
rapist" and "gang rape" in different contexts. Attached hereto as
Exhibit K are: a) a true
and correct copy of an earlier, archived version of a blog post by
Lovecruft, obtained from
https://archive.fo/qRvDF, in which Lovecruft made accusations of
"gang rape"; and b)
a true and correct copy of a February 20, 2019 Tweet by Lovecruft, in
which Lovecruft
accused me of being a "serial rapist."
20. In mid-2016, as a result of Lovecruft's false
statements and refusal to
mediate with me regarding their false claims, I had no choice but to
retain legal counsel.
My legal counsel proactively reached out to the relevant authorities
in Germany and
offered my full cooperation with any investigation which might arise
from Lovecruft's false
allegations. The German authorities did not pursue any charges against
me. True and
correct copies of two articles originally published in German and
English in the German
news publication Zeit Online, as well as an article published by the
Guardian on October
11, 2016, entitled Power, secrecy and cypherpunks: how Jacob Appelbaum
ripped Tor
apart, are attached hereto as Exhibit L.
21. Since initially making false claims against me in June
2016, Lovecruft has
repeatedly courted the press to repeat their false claims against me.
In these instances,
journalists subsequently contacted me for comment, and I have
categorically denied
Lovecruft's false accusations. See Exhibit L.
22. I have otherwise striven to remain silent about
Lovecruft's false accusations
against me to avoid inciting or provoking further false publications
by Lovecruft. I have
proactively withdrawn from any event where I understood there was a
chance of inflaming
this or any related conflicts. When I am required to attend
professional events for my
doctoral research, I coordinate with the relevant parties in advance
to explain that I am
willing to accommodate others relating to this or any other conflict.
The simplest
accommodation is the easiest: I commit to follow the rules of their
conference and
additionally offer to leave if my presence is a problem.
23. Lovecruft's pattern of malicious behavior has included,
but is not limited to,
defamation, threats, and persistent harassment of myself, my romantic
partners, my
family, my friends, and my professional colleagues, as well as
defamation of my character
to uninvolved third parties. These third parties include community and
professional
conference organizers, employers, potential employers, and academic
collaborators.
24. Lovecruft has sought to exclude me from any event they
want to attend as
well as other events, and Lovecruft has reportedly stated that they
would like me to be
removed from all countries where they might want to live. This would
appear to include
the country of my residence, Germany. See Exhibit I.
25. Lovecruft has encouraged others to target and exclude
me in a similar
manner. A true and correct copy of a June 7, 2016 Tweet by Lovecruft
encouraging others
to exclude me from the professional community is attached hereto as Exhibit M.
26. Lovecruft has targeted my doctoral research advisors,
Professor Daniel J.
Bernstein and Professor Tanja Lange. True and correct copies of Tweets posted by
Lovecruft from October 2016 and October 2017, threatening and
disparaging Professor
Bernstein and Professor Lange are attached hereto as Exhibit N.
27. Lovecruft's pattern of malicious behavior and false
allegations in the above-
captioned case is consistent with their pattern of malicious behavior
and false allegations
against me and a number of individuals I know.
28. Lovecruft has frequently bragged about their reputation
and ability to bully,
assault, threaten, and lie to and about individuals. True and correct
copies of Tweets
posted by Lovecruft evidencing this behavior are attached hereto as Exhibit O.
29. Several individuals have told me that they are afraid
of speaking against
Lovecruft, lest they be targeted or further targeted by Lovecruft's
pattern of malicious
behavior. This reflects my state of mind as well. However, I could not
live with myself if I
had remained silent while Plaintiff was seriously harmed by the same
malicious behavior
that I have experienced and continue to experience.
30. Lovecruft's false statements have significantly harmed
me and others and
continue to harm me to this day.
31. Lovecruft's false statements and malicious behavior
have resulted in my
departure from a rewarding and remunerative position, my exclusion
from professional
conferences, and damage to my economic prospects. A true and correct
copy of a GitHub
article detailing the effects of Lovecruft's false statements and
malicious behavior is
attached hereto as Exhibit P.
32. I am of sound mind and body, though I am injured. I
have relied on years of
therapy sessions with medical professionals to cope with the trauma caused by
Defendant's actions.
33. I consider Lovecruft's inclusion of their previously
disputed and defamatory
claims about me in this case to be another instance of the pattern of
their malicious
behavior toward me and toward other people whom Lovecruft perceives as
supporting
me.
34. That they will continue to mention me in this case is
all but assured. I ask
the Court to note my experience of that behavior as ongoing harassment
and that I
request it to stop immediately.
35. This declaration is not a full enumeration of the harms
caused to me and
others by Lovecruft.
36. I have requested that Lovecruft cease their malicious campaign of
defamation and harassment. I reiterate this request and my offer to
engage in good-faith
professional mediation with whomever should desire it.
I declare under penalty of perjury under the laws of the United
States of America
that the foregoing is true and correct. Executed on July 26th, 2019.
By:
Jacob Appelbaum
