ARENA et al v. JOHN DOE et al

Filing 2

Emergency MOTION for Temporary Restraining Order Preliminary Injunction and Expedited Discovery filed by CAILIN ARENA.Memorandum. (Attachments: # 1 Order to Show Cause, # 2 Memorandum of Law, # 3 Declaration of Cailin Arena, # 4 Declaration of Patricia McWilliam, # 5 Proposed Order)(ARENA, CHARLES)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CAILIN ARENA and PATRICIA
MCWILLIAM,

Case No.: 2:2012-cv-00778

Plaintiffs,
vs.
JOHN DOE and GOOGLE, INC.,
Defendants.
DECLARATION OF CAILIN ARENA
I, Cailin Arena, declare:
1.

I am a plaintiff in the above-captioned action. I submit this declaration in support

of a motion for temporary restraining order, preliminary injunction and expedited discovery.
This declaration is based upon my personal knowledge.
2.

I am a recent graduate of Temple University, and a U.S. citizen from

Philadelphia, Pennsylvania. I am temporarily teaching English language in Japan through
Japan’s “JET Programme.”
3.

Since January 3rd, 2012, an unknown individual has been harassing me via various

electronic mediums and following my activities online. I am not certain of the identity of this
individual, but believe he is located in Pennsylvania. I cannot think of anything I did to this
individual to cause or warrant this behavior.
4.

These activities have continued to the present. John Doe has posted websites

about me which remain online. As recently as this week, I became aware that someone was

trying to gain access to an online account of mine that has restricted access by using a fictitious
name. I believe that person was John Doe.
5.

I have ceased doing any “blogging” online due to John Doe and have set my

online accounts to “private.”
6.

John Doe’s acts of harassment began on January 3rd, 2012, when he sent an

anonymous email to my boss through my company website. This email contained links to
content that was sexual in nature and stated that I was the author of the content.
7.

The same day, John Doe sent me the following message through my company

website, which is attached as Exhibit A:
Subject:

You are ugly.

Message:
Sorry to say but you're an ugly brown something. You
probably also smell bad. Have fun in Japan, I hear the radiation isn't bad
in Fukushima. Why not buy some vegetables from there for you and your
ugly brown children.
8.

I did not understand the references to being “brown,” but have since come to learn

that this is a racial slur.
9.

The same day, John Doe created a user account at an online, public forum

associated with my employment. My business associates all read and access this online forum.
John Doe posted a thread including statements that I was engaging in sexual relationships with
members of other races, and implored viewers to visit links to my company website and contact
me directly about my conduct.
10.

On January 8th, 2012, John Doe created a website entitled “Korean Dating

Bloggers,” at http://secretlivessexbloggers.blogspot.com (the “Korean Dating Bloggers” website)
and associated the website with my name “Cailin Arena.” John Doe also used my name as a

2

“website tag” for the blog so that it came up prominently in search results for the name “Cailin
Arena.”
11.

Since July 2010, I have been in a monogamous relationship with a Korean man.

12.

The Korean Dating Bloggers website is filled with screenshots from two of my

deleted online blogs, pictures stolen from my GooglePlus account, and links to my work
information and contact information. It also includes hateful commentary by John Doe and
screenshots from the websites of third parties. The website invites readers to send me hateful
commentary at my work email address and identifies my location. The website falsely suggests
that I am promiscuous, and that I should “give up” my job because I am not professionally fit to
perform it.
13.

Disturbingly, the screenshots John Doe posts that are the copyrighted materials of

mine, which include materials that have not been posted online by me in a year or more. The
website indicates that John Doe has been secretly following all of my online activities for at least
a year.
14.

John Doe also tagged the online content with my place of employment – “AJET,”

“Arena,” “Cailin,” “Cailin Arena,” “japan,” “JET,” “korea,” “korean,” “Osaka,” so that it was
likely to appear high in Google search results for my name and place of employment.
15.

The same day, John Doe created a Tumblr account with my name and job title. He

linked to the offensive Blogspot.com website he had created. I contacted Tumblr following this
incident and the account was removed within 24 hours.
16.

The same day, John Doe created an AboutEveryone.com listing using my name

and photograph including the link to the Blogspot.com website along with other taunting
comments regarding “how much trouble I was in.”

3

17.

On or about January 9th, 2012, John Doe created a fake Google plus profile,

which is still located at https://plus.google.com/102413284441999134450. He obtained all of
the contacts in my GooglePlus circle, including a vast variety of friends, family members, and
business associates, and sent all of my contacts the link to the offensive “Korean Dating
Bloggers” website.
18.

John Doe distributed content to my family members and colleagues that is

infringing, sexually explicit and racially discriminatory, in association with my name and contact
information.
19.

On information and belief, John Doe created the Tumblr blogs and the fictitious

Google Plus profile to direct internet traffic to his “Korean Dating Bloggers” website, causing
the blog to appear more prominently in Google search results for “Cailin Arena.” See Google
Search Results, attached as Exhibit B.
20.

I have taken numerous steps to determine the identify of John Doe, but all of my

attempts to verify his identity for certain have been thwarted by John Doe’s use of anonymizing
software and other activities taken to conceal his identity, as well as Google’s refusal to assist me
in identifying him without a court order. See Correspondence with Google, attached as Exhibit
C-E.
21.

Accordingly, I only have a strong suspicion as to John Doe’s identity and need the

Court’s assistance to determine his actual identity. Id.
22.

Unfortunately, I am in the process of searching for employment opportunities in

Pennsylvania and abroad and whenever I (or a recruiter or potential employer) search for “Cailin
Arena” on Google, I see the website “Korean Dating Bloggers” in the first page of search results.
See Google Search Results, attached as Exhibit B.

4

23.

Upon information and belief, John Doe resides in Pennsylvania, and is familiar

with me and familiar with my efforts to find employment. His actions were taken intentionally
for the purpose of harming my reputation, current employment, and prospective employment
opportunities.
24.

I am also worried that if not identified, John Doe will continue to send the

material he has created to any future employers, in attempt to compromise my employment and
reputation.
25.

Moreover, John Doe’s conduct (and my inability to confirm John Doe’s identity),

has lead to me suffering severe emotional distress, as also intended by John Doe.
26.

I have had to miss numerous days away from work, in an already tense situation

due to the unwanted communication between John Doe and my coworkers.
27.

I own copyright applications, filed February 2, 2012, for photographs I took and

writings I authored. They were assigned Serial Nos. 1-720315798 and 1-720315865.
28.

John Doe continues to publish the content that is the subject of these copyright

applications on his “Korean Dating Bloggers” website.
29.

Much of the copyrighted materials republished by John Doe at the website

“Korean Dating Bloggers” is content that I created and published anonymously about a year ago,
but then removed. He saved screenshots of both my photography and writings and continues to
publish this content without my authorization.
30.

John Doe admits on his website that the writings and photography are mine and

owned by me, and that he copied them. He publishes entire pages of my blog verbatim. He
made no changes or alterations I am aware of to the screenshots.
31.

He portrays my writings as part of a “sex blog,” but this is completely inaccurate.

5

32.

I have obtained IP addresses and other identifying information related to John

Doe’s identity; however, I have been unable to confirm his identity without a court order
requiring Google, Inc., to turn over additional information to me.
I declare under penalty of perjury that the foregoing is true and correct.

6