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Re: [atlarge-discuss] $1 verification.
James and all fellow members,
James T. thank you for you legal analysis in brief. I shall
address the specifics of it in this response below.
James S. Tyre wrote:
> At 05:52 PM 5/25/2003 -0700, Jeff Williams wrote:
>
> > >
> > >
> > > BTW, in another post on this thread, you said something about recording all
> > > your outgoing and incoming calls. I hope you meant that you record only
> > > the fact that the call was placed or received, not the conversation
> > > itself. Recording telephone conversations without consent of the other
> > > party is illegal in many states, including mine, and if you were recording
> > > our conversation, you did so without my knowledge or consent.
> >
> >Nope I didn't mean that James T. All conversations to me or by
> >me are duly recorded. And in Texas it is quite legal. In any event,
> >I have publicly announced this fact over two years ago on the DNSO
> >GA list.
>
> You need to separately look at three scenarios: 1) an intra-state Texas
> call; 2) an interstate call placed to you in Texas; and 3) an interstate
> call placed by you to someone outside of Texas. In scenario 3, don't
> assume that Texas law would insulate you if recording without consent is
> unlawful in the state to which you placed the call.
Indeed you are correct here in all three of your points. And my legal
council also addressed these individually with me at the time I took
his advice under advisement and acted upon it as I did and still do.
In any event, in Texas as well as many other states, the concern
you mention regarding insulation is not a legally viable concern in Texas
as the situation(s) you outline nicely here do not apply.
>
>
> As far as announcing it on the DNSO GA list, do you assume everyone read
> that list two years ago? Do you assume that everyone reads every word you
> post?
>
> > > Not that I'm interested in bringing an action against you, don't worry
> > > about that, but I'd have good reason to be peeved if you recorded the
> > > conversation without my knowledge.
> >
> > I am sorry if you would be peeved. :( That's unfortunate to be sure
> >as I like you personally. But be that as it may, I don't live in California,
> >and in Texas I can record any conversation I so choose. So I choose
> >as per my legal council's recommendation and for my own protection
> >to record ALL phone conversations as well as save any and all
> >correspondence of any kind. Thank god here in Texas we reserve the
> >right of free choice still. And as I said and if you check the archives
> >of the DNSO GA list, I have publicly announced that all telephone
> >conversations to me or from me are duly recorded unless on the rare
> >occasion I choose to disengage that feature.
>
> 1) see above re further legal analysis you need to do;
> 2) I wasn't peeved because of anything specific I said that perhaps I might
> not have said if I knew you were recording; I was peeved on general
> principle, that you did not tell me you were recording. Particularly
> where, as in the case of that call, you were trying to pump information
> from me, don't you think that it would have been the barest minimum of
> human courtesy, not to mention openness and transparency, regardless of
> what the law may be, to mention it?
No actually I don't as I said before ignorance is no excuse as I have
publicly disclosed on the DNSO GA list as well as other forums,
that I do record ALL, except in rare instances, calls I make or receive.
> I think it was friggin' rude of you
> not to, again without regard to the law or to the specifics of what was said.
I am sorry that you choose to take this view. I don't share it with you
however. And at the risk of being blunt here, I am afraid I will never
share that point of view either.
>
>
> And BTW, I was not subscribed to the DNSO GA list two years ago, nor were
> many here now.
That is indeed unfortunate. None the less the archives are available
and one of your clients, Karl A. was subscribed at and during
that time frame. In any event as I did publicly disclose such information
well in advance, your not knowing is not my responsibility.
> When you called and gave your name, would you reasonably
> expect me to think to myself "Oh, it's Jeff Williams, I better do a quick
> search of every post he's ever made before talking to him?"
To answer this obviously leading question James T., no I would not.
In any event as well that fact is not relevant.
>
>
> Others have attacked your character, I have not. But your words here have
> had a more profound effect on my view of you than anything you've ever
> written before. Do not plan on calling me again.
Ok I shall not do so if that is your desire. And again I an sorry that
this is your reaction. I must say though it seems a bit extreme to say
the least.
>
>
> My apologies to the rest of this list for all of this exchange. I started
> it not even having in mind that one fateful call with Jeff, trying only to
> articulate a substantive point that possibly had merit, possibly didn't. I
> end it here.
I am afraid that this is only the beginning, sad to say. I hope
I am wrong in that supposition however.
>
>
> --------------------------------------------------------------------
> James S. Tyre mailto:jstyre@jstyre.com
> Law Offices of James S. Tyre 310-839-4114/310-839-4602(fax)
> 10736 Jefferson Blvd., #512 Culver City, CA 90230-4969
> Co-founder, The Censorware Project http://censorware.net
Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 131k members/stakeholders strong!)
"Be precise in the use of words and expect precision from others" -
Pierre Abelard
================================================================
CEO/DIR. Internet Network Eng. SR. Eng. Network data security
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
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