Nasdijj Fan
Telephone harasser. Anonymous Hater. Anonymous stalker. Rage.
Κυριακή, Νοεμβρίου 12, 2006
Tim Barrus is not Nasdijj Fan
An Open Letter From Tim Barrus
A few months ago, I was tired of dealing with all of the hate and the haters on the Internet. I wanted to finish a book I was writing and not be distracted by all the hateful bullshit out there. So I deleted my Nasdijj site on blogspot.
Immediately, one of the haters picked up the name, and reinstituted the site only under his banner, now.
A lot of people have communicated to me they thought (some of them still think) I am "NasdijjFan," which is the pseudonym this guy uses.
I am not NasdijjFan and he is no fan.
He immediately went into attack mode.
At first, I didn't really care, and I didn't read the silly thing which is still filled with ridicule, hate, and subtexts where things I've either said or published are taken out of context, or they're outright lies, and I'm supposed to be humiliated and embarrassed.
NasdijjFan claims he's just a disinterested bystander.
Right.
A disinterested bystander filled with hatred.
I'm an easy target. That is how it is.
I wondered when the moral code stuff would begin and that whole schtick started right away as well.
This is where I am morally evil and he's morally superior. Whatever.
It's my understanding that these are common Internet games where people fight and go after each other rather like reservoir dogs. I wasn't really sure because my own relationship with the Internet was sort of limited to simply websites and browsing and although I have talked to myself (which was a mistake) on line the reality is that I'm still not very Internet savvy.
I ignored NasdijjFan and his rants and his lies for a long while. Then the phone calls started.
There is a relationship between my ignoring him and his stalking escalating to the harassing phone calls. I do a lot of traveling so I wasn't always by the phone he uses -- whose number was not that difficult to get; anyone intent on tracking me down could have done it -- but my wife was.
So now he's fucking with my wife.
Now, I'm starting to get really pissed off.
It's one thing to attack me on some insignificant blog. Get in line.
It's another thing to daily harass my wife on the telephone.
Then the emails started.
My wife is a psychologist who deals with a lot of disabled children and the families who love them and cope with parenting. There's communication between these people on the Internet -- familes with disabled children often find support among themselves on websites and websites they create themselves -- and NasdijjFan started interjecting himself there time and time again.
This is how we were able to track his ISP. Some of the people he was interferring with are more than a little computer savvy (it's their business) and they blocked him and tracked him to the Los Angeles area.
Then he started messing with my daughter on the Internet.
First me. Then my wife. Now my kid.
The phone calls started escalating. He doesn't like being ignored, and, indeed, it was becoming harder and harder to ignore since he was now stalking just about every area of my life and he was messing with people who are entirely innocent.
These are people I love. People were noting that the attacks had left the confines of the Internet and were now being directed at them personally. We all started to openly wonder about our safety.
The guy is filled with rage. He denies this. But I don't think you mess with someone's life to the extent he does unless you are pretty filled with rage.
A lot of the rage is constructed around my inability to subscribe to some sort of moral code he has. He has never articulated his moral code but he refers to it when he goes into the moral police attack mode that I am evil and deserve to be driven out of writing and publishing.
I started looking into California's anti-stalking laws and they're some of the best ever written.
You can go after me in print with opinion. Many do and that is fine. But when you go after my family in real time you legally are crossing a line and it's defined as stalking.
So now there's a hater and a stalker in my life who is harassing my family.
What would you do.
I was almost afraid to do the traveling I do. Leaving people behind was a concern because we had and have no assurances he isn't going to escalate to the point where he's at the door. I wish I was kidding or being sarcastic but I'm not.
We do fear this guy and not because he's mean on the Internet. Our concern has little to do with the Internet. It has to do with his crossing that line and leaving the Internet behind and his walking into the context of our lives. His presence there is neither invited nor wanted. It is a terrible invasion.
Do you see me in his life. I think not.
The man is beyond bitter and hides behind a cloak of anonymity. This is legally defined as stalking. It meets all the criteria.
He does not want you to know who he is. I keep thinking he could be any number of people in the LA area I've done business with especially around the peripheral rights to my books. I come and go with this one. Those people might not like me but they're all pretty smart -- some of them even brilliant -- and they're all connected and to a person they wouldn't risk their careers doing what this guy is doing; especially with the phone calls. If any one of them were caught in any of these destruction games it would be the end of their jobs and they know it. I just can't believe it's any of them -- the money at risk would be too profound -- they could lose everything, but I've been surprised before.
I know this: he does NOT want anyone to know who he is.
I've taken my concerns public and I do believe that in time we will track down who he is. There are just too many electronic footprints all over the place.
He has charged me (and I assume will continue to do so) with all sorts of bogus crimes and it's not so much his rhetoric that will implode, it's simply his balancing act of screaming in public versus his need to remain anonymous. You can pull it off for a while but it will come back to haunt you.
So, for now we're in waiting mode and willing to let time take whatever it needs to collect as much history on the guy as can be accumulated. We are still concerned for our safety. I am still hesitant to travel and leave family behind.
We are trying to simply live our lives. Managing harassment has been a new element in those lives.
My work takes different twists and turns. When I write, now, I don't put it on the Internet. I stopped doing that. A zillion people told me that it was a bad idea and I stupidly ignored this advice. I now understand what they're talking about. This guys loves to zero in on stuff that would morph, was experimental, and or had a shelf-life of a day or even less. It was my fault for even making it something he could conceivably get into. It's been easy enough to move from computer mode to word processor mode and then you print the stuff out and send it to the agent the old-fashioned way which is fine. Or you send stuff as attachments. But gone are the days when I would print the stuff that I might only be thinking. Which was a big mistake.
When you do that it attracts all the wrong people. This isn't anyone you would want to know or have in your life as the spitting and the rage and the hate are simply not contained to the extent that they can find behavioral borders inside a computer. He has left that boundary and he's unfortunately in my life and I want it to END. Now. I do not want him in my life and the stalking is downright scary.
I have started posting the California anti-stalking laws and I may do that here, too. I want there to be a record that this is going on and that we have all been concerned over safety issues and our physical persons. I am taking those posts to Search Engine Submission firms to make sure they get posted as far as the eye can read.
He calls himself NasdijjFan but that is not who or what he is. He has inserted himself and his rage into the life of my family and we have grown deeply concerned.
We have taken those concerns to all of the appropriate places and now we are making those concerns public. Here's the law:
Stalking:
Obscene, threatening or annoying telephone calls
Punishment for threats
This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case.
Penal Code § 646.9. Stalking. 1990. Amended 2002.
(a) Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family * * * is guilty of the crime of stalking, punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($ 1,000), or by both that fine and imprisonment, or by imprisonment in the state prison.
(b) Any person who violates subdivision (a) when there is a temporary restraining order, injunction, or any other court order in effect prohibiting the behavior described in subdivision (a) against the same party, shall be punished by imprisonment in the state prison for two, three, or four years.
(c)(1) Every person who, after having been convicted of a felony under Section 273.5, 273.6, or 422, commits a violation of subdivision (a) shall be punished by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($ 1,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or five years.
(2) Every person who, after having been convicted of a felony under subdivision (a), commits a violation of this section shall be punished by imprisonment in the state prison for two, three, or five years.
(d) In addition to the penalties provided in this section, the sentencing court may order a person convicted of a felony under this section to register as a sex offender pursuant to subparagraph (E) of paragraph (2) of subdivision (a) of Section 290.
(e) For the purposes of this section, "harasses" means engages in a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose. * * *
(f) For the purposes of this section, "course of conduct" means two or more acts occurring over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct."
(g) For the purposes of this section, "credible threat" means a verbal or written threat, including that performed through the use of an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, made with the intent to place the person that is the target of the threat in reasonable fear for his or her safety or the safety of his or her family, and made with the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her family. It is not necessary to prove that the defendant had the intent to actually carry out the threat. The present incarceration of a person making the threat shall not be a bar to prosecution under this section. Constitutionally protected activity is not included within the meaning of "credible threat."
(h) For purposes of this section, the term "electronic communication device" includes, but is not limited to, telephones, cellular phones, computers, video recorders, fax machines, or pagers. "Electronic communication" has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.
(i) This section shall not apply to conduct that occurs during labor picketing.
(j) If probation is granted, or the execution or imposition of a sentence is suspended, for any person convicted under this section, it shall be a condition of probation that the person participate in counseling, as designated by the court. However, the court, upon a showing of good cause, may find that the counseling requirement shall not be imposed.
(k) The sentencing court also shall consider issuing an order restraining the defendant from any contact with the victim, that may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family.
(l) For purposes of this section, "immediate family" means any spouse, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.
(m) The court shall consider whether the defendant would benefit from treatment pursuant to Section 2684. If it is determined to be appropriate, the court shall recommend that the Department of Corrections make a certification as provided in Section 2684. Upon the certification, the defendant shall be evaluated and transferred to the appropriate hospital for treatment pursuant to Section 2684.
Penal Code § 422. Punishment for threats. 1988. Amended 1998.
Any person who willfully threatens to commit a crime which will result in death or great bodily injury to another person, with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety or for his or her immediate family's safety, shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment in the state prison.
For the purposes of this section, "immediate family" means any spouse, whether by marriage or not, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.
"Electronic communication device" includes, but is not limited to, telephones, cellular telephones, computers, video recorders, fax machines, or pagers. "Electronic communication" has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.
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