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JOSEPH RAKOFSKY and RAKOFSKY LAW FIRM, P.C., Plaintiffs,
AFFIDAVIT Filed by the New York County Clerk on October , 2011 -againstTHE WASHINGTON POST COMPANY, eta!' Defendants.
I, Osvaldo Alayon, being duly sworn, state as follows: 1. I am a forensic expert concerning the methodology and equipment related to
cache detection, data recovery, data storage and data hosting and am an analytical computer specialist with respect to matters related to the Internet, having expertise in electronic communication and control systems. 2. I have served as an expert in the detection and subsequent presentation of
evidence used in civil cases and in a variety of other capacities for sixteen years. 3. I have investigated the website BanniNation.com, which is owned or operated by
Banned Ventures, LLC and/or "Tarrant 84" and/or "Graham" and have discovered evidence of the existence of child pornography published on this website. The evidence of the publication of child pornography is strewn throughout the "thread" of the website entitled "Oh My Goodness, We've Allegedly Been Sued!"
On June 8, 20 J I, the owners, agents or controllers "there's apparently
a suit out there, filed by a Mr. Joseph Rakofsky,
that names us by posting
as a defendant ... We wanted to make you aware of the risk oflitigation on the [Rakofsky v. Washington anywhere else on the internet." 5. I find that the aforementioned Rakofsky and his business, thread is dedicated Rakolsky to defaming Post, et al. suit] matter here, or frankly,
and injuring Joseph
Law Firm, P.c. by using Joseph Rakofskys in Child Pornography. Below the "Graham's sticky thread"
likeness to make it appear that he is engaging section of the aforementioned being an owner thread and/or
that states and/or
user of BanniNation.com), "Clown orgy porn," "Free gay the image of Joseph
"Joseph Rakofsky porn,"
rapes donkey's," "Rapc-ofsky,' anonymous
Rakofsky and superimposed
his image on other images, including but not limited A], published photos ofa young girl being a girl with obviously, child
to images of young children [see EXHIBIT in a hathing suit, who is described whom sexual intercourse pornography.
as being "Jailbait,"
is statutory rape [see EXHIBIT was hidden
The child pornography of Banni'Nation.com.
by the owners
6. Further, I find that, based on my experience, the users on l:3anniNation.com one pseudonymous
it would not be surprising
if many of
who post messages
on the website use marc than by its users of adopting impression that a bigger
identity when posting. This practice identities creates the misleading
multiple pseudonymous community
exists than actually exists at any given time.
7. On June 9, 2011, BanniNation.com
anonymous user "A Troll Who Me" wrote:
"Could this place become renowned for something other than harboring pedos [pedophiles]'?" [See EXHIBIT C]. 8. On June 9, 2011, BanniNation.com anonymous user "Howie Feltersnatch' "Harboring pedos? [BanniNation.com wrote:
userJ chronocide was using a Tor node and
linking to kiddy porn." rSee EXHIBIT D]. 9. On June 9, 2011, BanniNation.com anonymous user "Sandwichman" wrote:
""Could this place become renowned for something other than harboring pedos [pedophiles]? Drew-like typing detected." [See EXHIBIT E]. 10. On June 9, 2011, wrote: Bannil-lation.com "We tolerate anonymous expect user "Grotfabrieken
cp. And frivolous
["cp" is a commonly-used abbreviation for "Child Pornography"] [See
11. On June 9, 2011, BanniNation.com known as "CPutr'] anonymous user "Cardinal Puff' [who is also
wrote: "I guess I'll go cry in the comer then :)" rSee
12. On June 9, 2011, BanniNation.com anonymous user "Stimp' wrote: "Just don't go off and hug any children." [See EXHIBIT H]. 13. On June 9, 2011, BanniNation.com anonymous user "Cardinal Puff' wrote:
"They're crying in the comer of the van." [See EXHIBIT I]. 14. On June 9, 2011, BanniNation.com anonymous user "Derp" wrote: "If THIS
doesn't get me named in a lawlsuit... I'm going to go cry." [See EXHIBIT J].
15. On June 9, 2011, BanniNation.com
anonymous user "Total Security" wrote about
Rakofsky: "He's ruined now. I wonder what kind of work he could find after this?" [See EXHIBIT K]. 16. On June 8, 2011, BanniNation.com posting
anonymous user "TotaISecurity" they add me to
wrote: "I'm the suit.
My usemame at gmai!. I DARE you." [See EXHIBIT L]. 17. A web hosting service is a type ofInternet hosting service that allows individuals
and organizations to make their own website accessible via the World Wide Web. Web hosts are companies that provide space on a server they own or lease for use by their clients as well as providing Internet connectivity, typically in a data
center. Web hosts can also provide data center space and connectivity to the Internet for servers they do not own to be located in their data center.
Many Internet Service Providers (ISPs) offer this service free to their subscribers. People can also obtain Web page hosting from other, alternative service
providers. The host may also provide an interface or control panel for managing the web site. 18. I conclude that BanniNation.com and have published [pedophiles]." computer is, as many of its users already admit in writing is "renowned for. .. harboring
openly that, the website
The only way to prove this is to physically inspect the actual being used by BarmiNation.com and its owners, agents
(including web hosting agents), controllers and website users.
19. Not only is Child Pornography, like Defamation, unprotected speech, but it is, in the undersigned's professional opinion, obviously being used by Banned
LLC and/or "Tarrant
84" and/or "Graham" website
and/or the anonymous to injure Joseph
pseudonymous and his business, 20. Respectfully, agents
users of the Banni'Nation.com Rakofsky Law Finn, P .C.
I conclude web
that the computer hosting agents),
servers and the identities of all owners, the email addresses used by the
users and the IP addresses
of the BanniNation.com
with the MAC addresses in its original may physically
of such BanniNation.com and unadulterated
website users must state so that the the metadata
be surrendered undersigned imbedded undersigned defendants'
so as to identify
in the script and photos as well as the ISP data. Such data will allow the to ascertain website whether child pornography thread was published on the was
in the aforementioned
created to destroy Joseph Rakofsky
and his business,
New York, New York October 7,2011
KErTH DANIEL SHERMAN NOTARY PUBUC STATE OF NEW VORl( NEW YORK COUNTY UC. #01 1 ,CQat.EXP.
:::",I}cspeetfull Submitted, y .c~~_
Osvaldo AI'!y 18 Bement Avenue, Suite 2 Staten Island, NY 10310