.,j .l Domestic Relations Case Final Disposition Information Fo Superior Court County MUSCOGEFT Date FILED Disposed lh 'li rli -r, r.l i$02 Docket # SU-13-DM-409 Reporting Party L.as! Filst Middiel Suffix Prefix Name of Plaintiff/Petitioner(s) LINDA ELLIS First I-ast Middle Name of Defendant/Respondent(s) I. Sufrx Prefx PlaintifflPetitionerrs Attorney Middle ]-ast MATTIIEW CIIAN ffi" Maiden dPro I. Se Suffix Tlpe of Disposition tr 3. 4. 5. E tr tr B Fist l-ast tr 2. tr Invol@tary &y court) (Check all that appty) Finai Reiief tr a. tr b. Divorce/AmulrnenVsepamte Maintenance Child Custody Parcnting Plan? Custodial ArIaDgemeIIt? tr tr fl n Trial Bench Trial Jury Trial EI 2. El 3. E 4. E Joiot Custody Joint Legal Custody Joint Physical Custody Sole Custody to: selection? Visitation or Parenting Time 14 year old parental Dismissal afterjury selected c. E Settlement during trial Judgment on Mother Vedict dn ParEURnting Time e.E ttr A-DR E fl was it (check g.tr tr Yes E No h.n court maadated? LEURgitimation Patemity CotrteItrpt Equitable Division Protective Order Adoprion rl k.tr D Properf d P"rsoo tr Finding of Family Vioience? Attorneys Fees? If Child Custody on l.u /Parenting Time Pareating Plan 4. tr Yes D No Alimooy j. court anaexed? Visitati attached? i.d if applicable) 3. Binding Arbitration Agreement tr Yes tr No IfYes, what matters were subject: tr U E ENo Father Contested? tr Yes Child Support Forms utilized? trYes Approx. Parenting Time (days per year) Directed Verdict or INOV Was mediation tr Yes ENo tr Yes BNo IfYes, check one: SurE'nary Judgmert 2. IfYes, fr'{ Ex Parte Relief Judgmert otr the Pleadings 1. 1. S D Pro Se D Temporary Relief 3. Voluntary (by parties) 1. Pre-Trial Settlemetrt A. tr B. tr i. Mddle Relief Granted (Check all that apply) Dismissed Without Final Order A. B B. n 2. Attorney Defendan&/Respondent's Bar # Bar # t. Maiden n Yes, enter amount: to whom: Other (Specify) Dismissed prior to granting of relief. I No IN TEE ST'PERIOR COT'RT OE. MUSCOGEE COT'NTY STATE OF GEORGIA Linda Elli CASE s Pet 1t i NO.: SU-13-DM-409 oner ;:: c; c.a' tfl =oI* r'1^ -i,r l'-: toex org Fti,J; * CJ og3 ,,q o:lrn Matthew Chan JUDGE FRANK J. C=E Jofi#ffi, Respondent cD= .-l a R Fi STA]"KING PERME}IENT PROEECTIVE ORDER A hearing was held on this matter on Eebruary 28, 20!3 aL which the Respondent appeared and was provided with the opporlunity to be heard and the Petitioner requested, pursuant ro O.C.G.C. SS L6-5-94 (e) ard 79-73-4 (c), that a permaneni Protective Orde:: be issued. Having heard the evidence presented, reviewed the petition and the record concerninqr this case and for good cause shown, IT IS HEREBY ORDERED AND ADJUGED: 1. The Respondent has knowingly and willfuIly violated O.C.c.A. SS 16-5-90 et seq. and placed the Petitioner in reasonable fear for the Petitioner's safety, because Respondent contacted the Pelitioner (and urged others to contact Petitioner) and posted personal information of the Pet.itioner for the purpose of harassing and intimidating Petitioner.i As the owner and operator of the site, Respondent has the ability to remove posts .in his capacity as the moderator. However, Respondent chose nol lo remove posts that were personally directed at Ms. Ellis and would cause a reasonable penson to fear for her safety. Because the Respondent's course of conduct was directed at Ms, Ellis through the posted messages and informalion ::elating to Ms. EIlis, and the conduct was intended 1 Respondent is the owner and operotor of the website ErtortionLetterlnfo-com (site) which wos used to stqlk Ms. Ellis by horossing ond intimidotinq her ond encouraging other visitors of the site to do so os well. 7 Ellis v. su- Permanent Chan 13 -DM- 4 0 9 Stalking Order (and in fact did) create fear and intirnidation in the Petitioner, Respondent is hereby ORDERED to remove alf posts relating to Ms. Ellis. Respondent is hereby enjoined and restrained from doing or attempling to do, or Lhreatening to do any acl constituting a violation of O.C.G.A- SS 16-5-90 et seq. and of harassing, interfering, or intimidating the Petitioner or Petitioner's immediate family. Any future acts committed by the Respondent towards the Petitioner which are in violation of this statute and this Protective Order can amount to AGGRAVATED STALKING, pursuant to O.C.G.A. S 16-5-91, which is a felony. A person convicted of Aggravated Stalking shalf be punished by imprisonment for not less than one nor more t'han ten years and by a fine of not more Lhan $10,000.00' 2. Respondent is permanenlly enioined and restrained from approaching within 1000 yards of Petitioner and Petitioner's immediate family, and residence, place of employment, or school or subsequent residence, place of emplolment or school. 3- is not lo have any contact of any type, direcr, indirect, or through another person with the Petitioner, her immediate family, including but not fimited to: telephone, faz, emai1, voicemail, maif/ texting, spoofing, Eacebook and other forms of social media, or any other type of contact. Respondent 4. Court Thal this order be filed in the office of the Clerk of this . 5. This Order shafl remain in effect permanently and shall terminate unless modified by the Court. noi- 6- That this Order applies in every county throughout the state and it shalf be the duty of every court and every law enforcement official to enforce and carry out the provisions of this Order pursuant lo O.C.G.A. SS 16-5-94 (e) and 19-13-4 (d) ' Law enforcemenl may use their arrest Powers pursuant to O'C'G'A' SS 16-5-91 and. L'7-4-20 to enforce the terms of this Order' Ellis v. Chan su-13-DM-409 Permanent Stalkinq Order '7. That this Court determined that it had iurisdiction over lhe parlies and the subject matter under the laws of the State of Georgia and Respondent received reasonable notice and had the opportunity to be heard before this Order was issued sufficient to prolect the Respondent's due process rights and this Order shalf be presumed valid and pursuant to 18 U.S-C. S 2265(a) shall be accorded full faith and credit by any other state or tocal jurisdiction and shall be enforced as if an Order of the enforcingi state or j urisdiction. So ORDERED this 4th day of March, 201-3 nunc pLo tunc La February 28, 2A73. OF MUSCOGEE COUNTY .Ti]DTCTAT, CTRCI]TT Ellis v. su-13- Permanent Chan DM-4 0 9 Stalking order CERTIFICATE OF SERVICE I, Abbv Miller, Law Cferk to Judge Frank J. Jordan, Jr., hereby certify that on or around the date of the attached order's signature, I promptly ffimailed, I emailed, I faxed, or Iinteroffice delivered a copy of the foregoing ORDER to lhe individuals listed befow with the foffowing contact information: Elizabeth McBride Page Scrantom Sprouse Tucker Ford Matthew Chan & PC 1111 Bay Avenue Third Floor Post Office Box 119 9 Columbus, Georgia 319 02 M.i ,ludge Erank J. Jordan Jr Chattahoochee Judicial . Circuit P. O. Box 134 0 UO.LUMDUS, GA. JIYVZ 106-653-4667 (voice 06-653-4316 (fax) ) "7 abb),rni f 1er G cofumbusga . org Ellis v. Chan su-13-DM-409 Permanent Stalking order PRESS RELEASE March 13, 2013 FOR IMMEDIATE RELEASE Contact: Oscar Michelen Email: omichelen@cuomollc.com Phone: 516-776-0154 Legal Advisor Comments On Permanent Protective Order Against Matthew Chan, Founder of Anti-Troll Website, ExtortionLetterInfo.com I am Matthew Chan's legal adviser on ExtortionLetterInfo.com (ELI) and a frequent contributor to the forums on the site. Since it seems this PPO is now becoming a matter of public discourse, I would like to tell you my position on the matter. I will be representing Matthew along with local Georgia counsel if Matthew decides to appeal the order. When I say "if", I want you to know that we may not appeal. If we choose not to appeal, we will do that not because we think an appeal would be unsuccessful (we are confident of our chances on appeal); or because we agree with the court's decision (we don't); or because we are happy with the outcome (we are not - in fact, we are outraged by the outcome). If we don't appeal, it will because it just isn't worth it. Long before ELI ever heard of Linda Ellis or the "The Dash", it was the #1 site on the Internet for information about digital image litigation and how big photo warehouses were abusing the copyright system to force decent folks into paying exorbitant settlement amounts for minor infringements. It expanded to cover numerous other instances of what is known as "copyright trolling". It was covered in the press and received thousands of visitors each month. Yes, when we learned of Ms. Ellis' version of copyright enforcement, it caught our attention and we opened a forum on it. But it never amounted to anything other than a very minor part of what we did and discussed on ELI. So if all Matthew has to do to not violate the order is not talk about her anymore (and since it is clear if the posts are read in context that all the "revenge and payback" Matthew talked about was with respect to how she operated her business model and nothing else), so be it. If we do appeal, it will be because the order stifles free speech in general and future speech on ELI specifically. Matthew was not charged with being boorish or rude or hurtful. He was not even charged with threatening Ms. Ellis. He was charged with stalking her. Even though he never contacted her or called her or emailed her. He was principally held responsible for the postings made by others. If Internet posts that are not sent to a person and are read voluntarily by that person can amount to stalking, then the Internet may be in big trouble. I could go on about how I feel everything Matthew did is permitted by the First Amendment and Georgia law but I think this letter is long enough already. I would be glad to discuss this further with you at a mutually convenient time. Thanks for your interest in this issue and your willingness to hear all sides. Oscar Michelen CUOMO LLC NYC OFFICE 9 East 38th Street (bet. 5th and Madison) Third Floor New York, NY 10016 212-448-9933 fax: 212-448-9943 LONG ISLAND OFFICE 200 Old Country Road Suite 2 South Mineola NY 11501-4242 516-741-3222 fax: 516-741-3223