The Official Steve Winter FAQ by Steve Adams
Version 3.27
This is version 3.3 of the Steve Winter FAQ. If you have information for the FAQ, please forward it to
This FAQ is © 1996-2007 by Stephen M. Adams. All rights reserved. Reproduction is permitted, so long as the author and publisher are correctly identified and the FAQ is reproduced in its entirety. Links to this page are welcome and encouraged.
Steve Winter has tried to silence me, along with many others, through lawsuits and other intimidation. Federal Judge N. C. Tilley dismissed all of his claims against me (and numerous other defendants) on August 22, 2003. Mr. Winter has appealed the dismissal to the 4th Circuit Court of Appeals in Richmond, VA. The dismissal was upheld by the Court of Appeals, and Mr. Winter failed to apply for an en banc hearing. He declined to appeal to the US Supreme Court.
All correspondence relating to this FAQ or Steve Winter should go to
WHAT'S NEW?
- 05/01/07
Mr. Winter has taken down his 'Impsmail' site (www.impsmail.org), but some detail from it can be seen on the WayBack Machine.
Removed lnks for The Steve Winter files site which was taken down. Also removed the alt.upc site links, since the pages no longer exist. Removed links for stevewinter.com, which is also down.
- 12/12/05
RULING AFFIRMED
Mr. Winter's appeal has failed. The Fourth Circuit Court of Appeals has affirmed the judgment of the District Court. See 032176.U (pdf) for details.
- 11/15/05
The oral arguments have been dispensed with. The Court has decided, without public comment, to decide the case on the submitted briefs. No date for a ruling has been set.
- 08/05/05
The cases has been tentatively scheduled for possible argument. It has already been moved on the court calendar once, and it's very much possible that no oral arguments will be scheduled (it's an 'alternate' on the schedule). Given what has happened so far, it may well be decided without oral argument.
- 06/21/05
Our brief is posted below. It makes a complete hash of Mr. Winter's attempts to twist the law to his own favor. It's pretty clear that the settled law is on our side. I'm confident that the court will rule in our favor shortly, without oral arguments.
- 06/06/05
Our brief was filed with the Court of Appeals. Once I receive a PDF copy, I will post it here.
- 05/05/05
Winter filed his formal brief with the Court of Appeals on Monday, May 2, 2005. It's added here as a PDF (2.5MB). From my layman's reading, his breif is lightweight and will not pass muster with the court.
- 08/27/04
Still no movement on the case - no real surprise there. It could be years before anything happens. I've updated and clarified some sections. Mr. Winter is still at it...harassing people, calling them names and threatening legal action if they disagree with him.
- 06/22/04
No movement on the court case. As is typical of Federal Courts, things move slowly because they are quite busy. And baseless cases like Mr. Winter's only make things worse for the Court.
I've added some additional information about Mr. Winter, and done some reorganization on the FAQ.
- 04/21/04
The Court has ordered formal briefs to be submitted, and may also hear oral argument in this case. Because of this, I have retained the services of an attorney to represent me during this portion of the appeal. Formal briefs are technical legal documents which require the expertise of a lawyer. It is psosible to request 'pauper' status and have the court appoint a lawyer, but this would run the risk of making my personal financial information availble to Mr. Winter. At least one individual has filed a request to submit their financial information under seal.
- 03/11/04
Remmoved link for www.stevewinter.com, which has expired. Added links for The Steve Winter Files and an excellent history site about him.
- 12/04/03
Winter's Appeal brief was filed on November 17th. He had asked for leave to file a formal brief, which was denied, but then proceded to file, you guessed it, a document that sure looks like a formal brief. It's about 30 pages long, and is linked below
My brief to the appeals court has also been added below.
- 10/3/03
CASE APPEALED
Added Judge Tilley's opinion. Winter filed an appeal with the 4th Circuit Court of Appeals on the final day he was legally allowed to do so - Sept 22. We have not yet seen his appeal brief listing his reasons.
- 08/22/03
CASE DISMISSED!
At least for a number of the defendants! The case against the ISP's was dismissed because of immunity. The defendants who moved for dismissal based on personal jurisdiction had their motions granted. The remainder were remanded to state court.
- 03/17/03
Added additional legal filing. Fixed spelling and grammar errors, clarified language, fixed HTML errors.
- 03/10/03
Court filings by me, plus the original complaint by Mr. Winter have been uploaded as PDF files. Also clarified some language and removed a broken link.
- 03/07/03
The case was handed up to the judge months ago. No movement on it yet. I updated the hosting information for Mr. Winter's websites (Prime & Impsmail). I have cleaned up the html/css and reformatted everything. Clarifications, explanations and web-link changes were made where necessary. I also fixed some spelling, style and grammar errors.
- 10/29/02
Updated site hosting information for prime.org and impsmail.org. Note that he has removed all links from his prime.org site to his impsmail site, as well as to his archives/commentaries on his conflict with critics. The docs do exist on prime.org (try the search engine), but have no external links.
- 10/25/02
First update in more than four years. Mr. Winter has embarked on a lawsuit naming 20+ individuals and corporations as defendants. See below for details. Also, corrected spelling, formatting and other cleanup. Moved to new hosting site.
- 6/12/98
Added link to a web page by Peter Wm. Sachs, Esq, dealing with legal issues and claims by Steve Winter. Added a link to Google of an article where Steve Winter admits that his claim that SPSS is responsible for the FAQ that I posted under my own id.
- 5/3/98
Added information about Steve Winter's ordination. Reliable sources also have indicated that the move of Mr. Winter's business web page was related to an IRS investigation.
Added notes from "pavanas " on how to protect yourself from harassment by Steve Winter.
- 4/30/98
Mr. Winter has, for the past several months, been in a lengthy scrap with Jerry Moon and Mark Bassett. Both men were, at some time in the past, associated or affiliated with Steve Winter. At one point, Mr. Moon was a co-moderator of Steve Winter's bulletin board. He has attempted, on several occasions, to have their accounts canceled, mostly because they are revealing interesting tidbits about Mr. Winter's past, things he does not want anyone to know.
Mr. Winter has started a new page on his site, which he calls "Impsmail" or the "Reprobates' Corner". Here he has compiled public internet postings, email and IRC sessions. These items are HEAVILY edited to ensure that anything damaging to Mr. Winter is excised.
Mr. Winter has removed the articles from Marvin Arnold from his page, claiming that Marvin Arnold has left the "Apostolic Faith," but numerous posts to UseNet seem to indicate that Mr. Arnold made some kind of falling out between Mr. Winter and Mr. Arnold, apparently over Mr. Winter's behavior on UseNet.
Mr. Winter has moved his "sellcom" business to it's own domain. You can find it now at www.sellcom.com, which is hosted by Interland. The address of the registration is in Durham, NC, home of Steve Winter, on the same street. The registration of prime.org can be confirmed by checking the "whois" information at DomainDiscover.com:. The registration of sellcom.com can be vefified with Network Solutions.
Earlier this year, Mr. Winter's lawyer sent threats of lawsuits to various companies and people, but was largely ignored. One person submitted the document to his attorney and insurance company who promptly notified Mr. Winter's lawyer that the charges were fraudulent and for the purpose of extortion, and that such fraud and extortion would be reported to the authorities. That appears to have been the end of it.
Mr. Winter has filed some sort of police complaint against Mark Bassett. He claims that the "charges" were filed with the Durham Police Dept, with the number IR-98-11737. Mr. Winter calls this a "case" and also "criminal charges" and says that the Durham Police have forwarded it to the FBI for investigation. It should be noted that all that happened was that Mr. Winter filed a police complaint, which anyone can do. Complaints only become charges when an officer of the court makes them so - i.e. an indictment is handed up, or charges are pressed by local prosecutors, etc.
Mr. Winter has continued to try to silence his critics, but due to this FAQ, he has been quite unsuccessful in his endeavors.
- 6/24/97
Mr. Winter has sent a letter to (then) Senator Helms (R-North Carolina) about pornography published by IBM.NET. In the past, this treatment has been reserved for ISP's that have TOS'd Mr. Winter, so it is likely that IBM did terminate Mr. Winter's access for violation of their Terms Of Service.
- 6/6/97
Mr. Winter's ISP, Chudys, now has an NNTP server, and Mr. Winter's is posting through it, with his usual prime.org addresses. He is also still posting with his ibm.net address. His posting volume has returned to previous levels, now that he is not posting through ibm.net. He has also added new material to the GTE.Net area on his web page in response to GTE publicly stating that his account was canceled for net abuse.
- 5/27/97
Rewriting of certain sections for clarity. Updated information on Mr. Winter's complaints to Senator Helms. Included note about public comments by GTE Net about canceling Mr. Winter. Noted the reduction in postings from Mr. Winter. Updated information on the aus.* retro-moderation. Formatting changes have been made.
- 4/25/97
Steve Winter has now filed a formal complaint about GTE with the North Carolina Attorney General's office. You can find it on his GTE page.
- 4/22/97
Steve Winter has lost his GTE account (stevwint@gte.net) because of net abuse. As is his usual practice, he has filed complaints about child pornography on their site, by sending a letter to (then) Sen. Jesse Helms and various other "law enforcement" agencies.
He has modified his web page in several places to reflect his accusations against GTE. He has not, as yet, threatened any legal action against GTE.
He is now posting through ibm.net again, though with the prime.org email addresses.
The purpose of this FAQ is to provide corroboration for persons on the net harassed by Steve Winter. It is designed to be sent by such persons to Sys Admins and ISP's to prevent Steve Winter from having their accounts revoked or their employment endangered.
This document, along with the scanned court filings, can be sent to an attorney, should Mr. Winter name you in a civil complaint. If this does happen to you, please contact me for a complete set of case files, which can be provided in PDF format.
It should be noted that Mr. Winter will claim that all of the information here is meant only for the purpose of masking my opposition to his religious views. Nothing could be further from the truth. In this case, and for this purpose, I don't care what doctrinal views Mr. Winter holds. If Mr. Winter would stop harassing those who disagree with him, this FAQ would be unecessary.
Mr. Winter continues to claim that this FAQ is false and full of lies. I (and others) have repeatedly asked him to identify the mistakes, errors or other problems with the FAQ. He has refused to do so. On my own, I have discovered new information and made changes to the FAQ in light of this information. Numbers in () refer to footnotes at the bottom of the text.
Mr. Winter also has claimed on his web page that the FAQ is from spss.com. This is false, and Mr. Winter knows that it is false. He even admitted this in a News Posting. Based on his admission in that post, his case against SPSS became impossible to prosecute, and he seems to have realized this, in that they are not a named defendant in his big lawsuit.
100. Who is Steve Winter?
Steve Winter is a defrocked pastor (apparently by the same man who ordained him - Marvin Arnold) and the operator of a system known as "PRIME.ORG". He lives in Durham, NC, and is also a re-seller of computer equipment1. At one point, he had begun to re-sell internet services (presumably from PSI), though that ISP TOS'd him (see below). He no longer lists internet access on his web page.
Mr. Winter claims to be a Pastor representing "Jesus Name Apostolic Holiness Church, Inc." He operates a Web page (http://www.prime.org ) which describes his particular doctrinal distinctive. He claims the page is a ministry of the aforementioned church.
Mr. Winter has not answered repeated questions about his ministry. Most importantly, he refuses to say who ordained him, and when. There is some evidence that he may have received some kind of credentials from one Marvin Arnold at one time, but these credentials, if they ever existed, went away when Mr. Winter broke with Mr. Arnold.
Mr. Winter has also been asked if he is licensed to perform marriages in North Carolina. This would be a good indication of the status of his "church." It would appear from his refusal to answer, that the answer to this question is that he is not so licensed.
A good history of Mr. Winter is available at http://www.altupc.com/swinter.htm
Mr. Winter's current email id's are believed to be:
[Note: anything from prime.org is almost certainly from Mr. Winter]
Previous known email accounts used since October 95, but not recently (listed so you can search for his postings on Google):
- revwint@aol.com
- stevwint@ix.netcom.com
- stevwint@cris.com
- stevwntr@cris.com
- steve.winter@worldnet.att.net
- stevwint@gte.net
- steve.winter@ibm.net
- internet@prime.org
- postmaster@prime.org
- power@prime.org
- sysop.support@prime.org
- cancel.watch@prime.org
- stevewint@prime.org
Be warned that if you send him even a single email, it is likely that he will complain to your provider or employer that you are harassing him. See below for details.
Note: With regards to AOL, Mr. Winter claims that " They kept trying to get me to take more time free." I am sure they did - everyone receives these in the mail. In other words, he got a CD or diskette in the mail via one of AOL's mass-mailings. Hardly proof that they wanted him back.
101. What is PRIME?
PRIME stands for PreRapture(tm) International Message Exchange. It is Mr. Winter's personal network of BBS's. They carry various forums for his sect. You can access a list of the forums by downloading the file "prime.zip" from his site. He also provides information on home schooling, and his legal dealings with his ISP's.
102. What is "Jesus Name Apostolic Holiness Church, Inc."?
This organization does not appear to be anything other than the corporate charter for a religious organization. This is fairly standard practice for churches, but generally that religion corporation then may not engage in certain businesses, or if it does, must properly delineate its for-profit and non-profit business.
A check fo the North Carolina Secretary of State's records no longer shows the corporate registration (03/08/03). Mr. Winter may have dissolved the corporation, allowed it to lapse, or re-registered it in a different state.
Mr. Winter used to use the same server for both his religious and business operations, though his business is now hosted by Interland. This move was apparently precipitated by an IRS investigation of his ministry and his business, after complaints were made to the IRS about his status as a church, and hosting for-profit websites.
Note: It is not known if Mr. Winter has 501(c)3 status, which would confer certain tax advantages of a church. Evidence suggests that he does not. On his web page, he asks people to give to other churches and not to his. He claims this is because he "wants more" (see his financial help webpage for his complete statement). It is suspected that this is actually because he cannot accept tex-deductable contributions. Questions on this regard have gone unanswered.
103. What is Mr. Winter's "modus operandi"?
Steve Winter posts lengthy duplicate messages stating his positions, often simply reposting verbatim his scriptural citations with no supporting exegesis. These messages are usually massively cross-posted, without regard to whether or not the message is on topic for the group. A careful examination of these posts will see that many are simply "cut and paste" work from files on his website.
With the cancellation of his GTE.NET account, Mr. Winter's posting volume had decreased dramatically. Once he gained news access again, the volume returned to previous levels. Through it all, he has not changed his style or methods, and continues to issue threats against ISP's and individuals.
In the past, Mr. Winter has harassed numerous groups, including soc.religion.quaker, uk.religion.* and christnet.*, so badly that the Christnet groups and the uk.religion.* groups voted for moderated status, aus.religion.christian is now retro-moderated (against cross-posting outside of the aus groups), the Quakers discussed but rejected moderation, and a promisekeepers group has recently been created as a moderated group in the soc.religion hierarchy.
If anyone questions Mr Winter or his theology, he responds by:
Calling the person a "Lying, dirt, false Christian scum," or some variation thereof.
Posting a slightly modified version of his "Acts 2:38" posting, or one of his other "canned" responses. He modifies them just enough to avoid the SPAM detectors. He seems to have about 10 to 12 different ones. See item 109 below.
If the person sends him email to try and debate the issue, he sends a "do not ever email me again" message. Similarly, any attempt to discuss his abuse of newsgroups is treated similarly. He claims to save such email in an "evidence file" for later prosecution. In several cases, he sent a harassment complaint based on a single email. On occasion, he skips this step and goes to step 4.
He emails and or calls the service provider or employer of the person who disagrees with him to have their account pulled or service cut off. He attempted this with me both by calling my company and by calling my service provider. In both cases, he was more or less laughed at. My ISP did not require me to take any action at all. Several correspondents have reported similar action by Mr Winter, including emails and calls to employers. In most cases, fortunately, no action was taken. In others, employees have been asked to remove signature lines that reflected on the company, etc. Mr Winter seems to prefer silencing his opposition to actually trying to win debates.
If he does not get satisfaction, he either makes harassing phone calls (several people have reported this, and I have experienced it personally) or begins posting hate-filled falsehoods to newsgroups about the person. His most common targets currently are Jerry Moon, Mark Bassett and Raymond Knapp.
If he is unsuccessful in the above, in at least one case he has resorted to an attempt to extort $50,000 from the employer of one of his opponents. He has also resorted to posting false and defamatory statements about the employer on investment and other groups. He tried to extort money from one of my previous employers as well.
He has claimed to have filed numerous police reports and made complaints to the FBI in an attempt to silence those who disagree with his methods and/or theology. It does not appear that any action has been taken by any law enforcement agency on his behalf. Mr Winter has been repeatedly asked for case numbers or the names of the law enforcement professionals involved, but has never given any evidence at all that his claims are true. The only thing he has provided are police incident numbers, but these do not show anything more than the fact that he convinced a police officer to take a complaint. To the best of my knowledge, nothing more has come of any of the complaints (beyond wasting time and paper, that is).
In addition, Mr. Winter has claimed to have written several letters to former Senator Jesse Helms. He has claimed that he received a phone call from Senator Helms office saying that they were looking into his child pornography allegations. A copy of the FAQ was sent to Senator Helms. Nothing seems to have come of any of these letters. Once the FAQ was sent, Mr. Winter no longer mentioned contacting Sentor Helms' office, so we can safely assume that they put him in their "crank" file.
In numerous cases, Mr Winter either filed lawsuits or threatened ISP's with lawsuits. See section 104 for details of actual and threatened lawsuits.
-
Harassment of regional Newsadmins. Several Regional News administrators who enforce the charters of their regional NON-BIG8 groups report getting email and phone calls from irate users who claim that they received email from 'cancel.watch@prime.org', claiming that their article was censored from the net. This is sent not only to the user, but also to any identifiable news host that might have carried the original cancel. See item 110 below.
Mr. Winter is, in this case, clearly trying to drum up support against News Admins who are doing their job. I have seen several of his email complaints, and copies of this FAQ have been forwarded to several ISPs and system administrators. See http://www.prime.org/cwatch.htm for Mr Winter's version of events.
104.Lawsuits, threats and legal complaints by Mr. Winter
UPDATE: A lawsuit has been filed!
Steve Winter has filed several lawsuits, and made at least one formal complaint against various ISP's. These include Concentric (settled), Netcom (settled) and Nando (dismissed). He has claimed in the past that he intends to file against PSI, GTE, SPSS and Steve Adams (that's me!). Note: he made good on some of these threats in 2002.
Here is the status of each of these suits, as best as can be determined:
- Nando
Mr. Winter dropped this case (dismissed without prejudice) apparently based on an agreement with someone at Nando Net. At some point following this, Nando once again suspended his access and he states that he is going to re-file the case. It should be noted that Nando is no longer an independent ISP.
- Netcom
This case was settled out of court. I have it on fairly good authority that Mr. Winter received payment from Netcom to drop the suit. I do not have written confirmation of the amount, but I have been told it was at least $10,000.
- Concentric
Concentric used several legal maneuvers to fight Mr. Winter, including having the case removed to Federal Court and filing a counter-suit. Mr. Winter claims the case was settled out of court.
Mr Winter has changed his web page to remove any reference to the Concentric lawsuit (it used to say that an out of court settlement was pending.) He also added the following text to this page:
There have been no rulings or judgments against Steve Winter or prime.org in ANY of the legal actions undertaken by Steve Winter or prime.org in these matters.
Based on his comment, it would appear that Concentric was quite successful in defending the lawsuit, and that Mr Winter agreed to some kind of penalty (perhaps dismissing his complaint with prejudice - ie he can't refile it) and that he wants to hide that fact by making the statement (true, of course) that the *court* didn't rule against him or impose any penalties. I suspect his desire to reach an out-of-court settlement was driven by a fear that sanctions from the court would prove that he is a net abuser
Note: In the case filed against multiple defendants discussed below, every ruling issued by the courts has gone AGAINST Winter.
During this case, he was admonished by the Court for submitting blatant obscenity in his filings, and was told not to repeat it on threat of sanctions.
- PSI
Mr Winter is once again threatening a lawsuit against PSI. He first did this in late 1996, but removed most of the information when PSI threatened to shut down his site completely, instead of just blocking his NNTP (news) access.
He did post an article stating that he is consulting a lawyer about his case against PSI, as opposed to proceeding pro se as he has in the past. In addition, since moving to a new provider, he has restored his threats of a lawsuit to his website. See http://www.prime.org/legal/psi for details.
- GTE
Mr Winter sent a letter to (then) Senator Jesse Helms, the North Carolina Attorney General's office and "various law enforcement agencies" regarding GTE's "publication" of certain UseNet newsgroups. See http://www.prime.org/legal/gte for details.
A few years ago, an employee of GTE.NET stated publicly on UseNet that Mr. Winter's account was canceled for violation of their TOS.
- IBM
Mr Winter sent a letter to (then) Senator Jesse Helms regarding IBM's "publication" of certain UseNet newsgroups. See http://www.prime.org/legal/ibmnet for details.
- AT&T
Mr Winter has filed a formal complaint with the North Carolina Attorney General's office about AT&T canceling his account. See http://www.prime.org/legal/att for details.
- SPSS
Mr. Winter sent a letter he was pleased to call "An out of court settlement offer" to SPSS. Having read the letter, it is nothing more than an attempt to extort $50,000 from SPSS. I say this because the thrust of the letter is to say "Pay me $50K or I'll sue you." That sure sounds like extortion to me.
His reasoning for trying to extort this money was to silence me - since a few early versions of the FAQ were posted from my SPSS account. It needs to be made clear that the FAQ is my work, it was never sanctioned by SPSS and they would never have given their approval if I had asked. I didn't ask. Mr. Winter has even admitted this in a post to usenet. Click here to see it.
To date, as far as I can tell, no action has been taken on this lawsuit. Mr. Winter did not include SPSS as a defendant in his multi-defendant suit (see below).
- Stephen Adams
See below for the "Multi-defendant suit" that Mr. Winter has filed.
- Mark Bassett
Mr. Winter has actually filed a complaint with the Durham Police Department about alleged harassment by Mark Bassett. The report is IR-98-11737. Note that this appears to be nothing more than a basic complaint which can be made by any person. It is most specifically NOT a case and NOT criminal charges as Mr. Winter has said in UseNet posts. To date, no action has been taken by any officer of any court to actually charge Mr. Bassett with a crime.
It appears that the dispute between Mark Bassett and Steve Winter stems from a previous time when they were engaged in some kind of cooperation. Mr. Winter has filed well over 75 complaints with the Durham police, but as yet, nothing appears to have come of any of them.
See below for the "Multi-defendant suit" that Mr. Winter has filed.
- MPCS; FDMA; Spinne, Inc (and others)
Mr. Winter is once again threatening FDMA with a lawsuit for " conspiring with the ISP's" to deny him Internet service. See his "Cancel Watch" pages at http://www.prime.org/cwatch.htm for details. He is also threatening any other providers that he calls "accessories with mpcs.com" with legal action. FDMA and mpcs were not named in his Multi-defendant suit (see below).
- Multi-defendant Lawsuit Filed by Mr. Winter
On April 15, 2002, Mr. Winter filed a civil suit in the State of North Carolina against 22 defendants::
- Mark Bassett (a public rival and leading critic on the Internet)
- Peter W. Sachs (publisher of www.stevewinter.com)
- Michael Schidell (an internet critic)
- Stephen Adams (publisher of the Steve Winter FAQ - i.e. this document)
- William Cousert (an internet critic)
- Camille Klein (an internet critic)
- David Ratcliffe (an internet critic)
- Donnie R. Hayes (involvement unknown)
- William A. Miller, Jr. (involvement unknown)
- Jerry Moon (an internet critic)
- Carl McCaskey (an internet critic)
- Mark Gwynn (involvement unknown)
- Brian Boggs (publisher of a web site critical of Winter)
- Andy Engle (an internet critic)
- Gospel Films, Inc., (publisher of the gospelcom.net web site and hosting service for the Apologetics Net web site)
- Verizon South, Inc. (incorrectly identified as successor to the gte.net domain who disconnected Winter's internet access for TOS violations)
- Time Warner Telecom Holdings (incorrectly identified as operator of the RoadRunner high-speed service [rr.com] and Steven Buehler's current ISP)
- Steven Buehler (an internet critic and publisher of an exposé web site critical of Winter)
- AT&T (Steven Buehler's employer and one-time ISP via AT&T WorldNet)
- PSI Net, Inc., (now-bankrupt ISP who disconnected Winter for TOS violations)
- Yahoo!
- KC Data Corporation a.k.a. Slurp.net (now-defunct web hosting service which hosted sites critical of Winter).
His original state suit alleges six causes of action including civil conspiracy, intentional infliction of emotional distress, and failure of ISPs to prevent actions by their users, as well as RICO law violations; and demands a jury trial on the issues. The case has since been removed to Federal Court by the corporate defendants.
In the course of the case, Mr. Winter's attorney missed numerous filing and response deadlines, and he was not granted an extension by the courts to file responses. In my case, Mr. Winter was over 90 (yes ninety) days late in filing his response.
The case against Time Warner, Inc. was voluntarily dismissed by Mr. Winter for reasons unknown.
The case against PSI Net was moot, because of a bankruptcy filing.
On August 22, 2003, the Federal Court granted dismissal for the following defendants:
- Gospel Films Inc
North Carolina has no jurisdiction over their website
- Adams, Buehler, McCaskey, Engle, Ratcliffe, Basset, Sachs
North Carolina has no jurisdiction over out-of-state defendants, and contact over the internet does not grant state jurisdiction under " Long Arm " statutes.
Adams' motion to dismiss was granted. The memorandum ruling is in error when it says it was remanded. The court issued a corrected ruling.
- Yahoo
Immune under traditional publisher functions. Thus, there is no cause of action.
- ISP's
Federal Immunity under 47 USC 230(c)(1).
In summary, all of the defendants who claimed Federal Immunity or lack of personal jurisdiction had their motions granted. The following remain in the case, which was remanded back to the North Carolina State Courts:
- Michael Schidell
- William Cousert
- Camille Klein
- Donnie R. Hayes
- William A. Miller, Jr.
- Jerry Moon
- Mark Gwynn
- Brian Boggs
The case was remanded back because there is not complete diversity of jurisdiction. Since Ms. Klein & Mr. Miller are residents of North Carolina, the case properly (according to the District Court) belongs in the state venue.
It should be noted that to the best of my knowledge, none of the above remanded defendants were properly served, and as such, the state court will likely dismiss the remaining claims.
On September 22, on the last possible day to do so, Winter filed a notice of appeal with the 4th Circuit Court of Appeals.
On December 12, 2005, the Appeals Court affirmed the lower court's dismissal of the case.
A selection of filings in the case:
- Winter: Original Complaint
- Adams: Motion to Dismiss
- Adams: Motion to oppose Winter motion to extend time
- Adams: Motion to oppose tardy filing by Winter
-
Court: Tilley Opinion Granting Adams' et al, motions to dismiss
The opinion mistakenly lists Adams as a remaining defendant. An order correcting this was issued by the court.
- Winter: Appeal Brief (~2Mb)
- Adams: Appeal Brief
- Winter: Formal Appeals Brief(~2.5Mb)
- Individual Defendants & GCI Formal Appeals Brief(~1.4Mb)
You can find complete details at The Steve Winter Files
- Other Actions
Besides these lawsuits and threats of lawsuits, Mr. Winter has also filed a complaint against AT&T with the North Carolina Attorney General's office. Nothing has come of this as far as anyone is aware.
Mr. Winter has also filed several complaints with (then) Senator Jesse Helms office, stating that he received a letter and a telephone call from (then) Senator Helms office. It appears that initially he received a form letter saying that his complaints about pornography were being forwarded to the Justice Department. Also, as noted above, he claims to have had a telephone call from (then) Senator Helms' office.
105. What kinds of tricks does Mr Winter pull?
When Mr. Winter is kicked out of a group (eg alt.org.promisekeepers), he tries to use that as a way of harassing people. For example, when the aforementioned group set up an anti-crosspost bot, he posted to other groups, but set the follow-ups to include a.o.p. This would cause replies to his posts to be auto-canceled.
Mr. Winter also would post to 10 or 15 "Big 8" and regional groups, but set follow-ups for one "alt" group which did not have good propagation. If the reply was restricted to 1 or 2 "on-topic" groups, he would put back all of the off-topic groups and again restrict follow-ups. In recent times, he has begun to honor follow-ups in the aus.* groups, and occasionally in his usual cross-post lists, though he (understandably) often removes alt.fan.steve-winter from his posts.
Several years ago, Mr Winter began issuing cancel messages for "NoCeM" posts in alt.nocem.misc. The purpose of the "NoCeM" posts was to allow those who did not wish to see any of Mr. Winter's posts to have them automatically ignored by their newsreader. His cancels were the proximate cause, along with his SPAM of the fl.* newsgroups, for PSI blocking his NNTP access. He solicited an attorney in misc.legal to represent him in a lawsuit against those sites and users who post the "NoCeM" articles.2 Mr. Winter's claim that NoCeM posts are censorship are patently false, in that nothing is canceled, and they are used only by those who want to use them. They do not remove his articles nor interfere with his articles movement from one system to another. Since Mr. Winter's current UseNet access does not allow him to issue cancels (most sites don't, these days), he has ceased doing so.
106. Where has Mr Winter been banned?
Mr Winter has, at one time or another, been removed/banned/canceled or had submissions rejected by the following groups/networks/ISP's:
- FIDO net 3
- Netcom 4
- Concentric Network (cris.com) 5
- AT&T ( Worldnet.att.net) 6
- Nando.net 7
- PSI Net (NNTP access blocked) 8
- RIME, ILink & Intelec networks (for flames, personal attacks and harassment) 9
- GTE Networks (for net abuse)10
- IBM.NET (for net abuse)11
- alt.org.promisekeepers (robo-canceled for excessive x-posting, new moderated soc group created)
- soc.religion.christian.bible-study (some posts rejected due to charter violations). He is welcome to post if he follows the rules.
- christnet.* (became 100% moderated due to his harassment)
- uk.religion.christian
- aus.religion.christian (retro-moderated against cross-posts outside aus.religion due to his harassment)
- atl.*
- fl.* (robo-canceled for excessive SPAM, off-topic post, failure to follow charters, etc.)
- ga.*
Note also that he may have or may in the future obtain new accounts from these providers/networks. This list is only meant to show a history of his accounts, not give a list of where he does or does not have access at any given moment.
107. Why has Mr Winter been banned?
He was TOS'ed from Netcom, Concentric Networks, PSI and GTE Networks, and the same appears to be true for AT&T Worldnet and Nando. The newsgroups banned him either for excessive cross-posting or failure to abide by the Charter, or both. In the case of the Bible Study group, he refused to refrain from making personal attacks on other members of the group. His theology was never an issue in his being banned (though he clearly did not like being challenged on it), and anyone who examines the content of the Bible Study (see www.google.com for soc.religion.christian.bible-study) group will see that opinions from every side of an issue are permitted, so long as the Charter is followed. There have been several lengthy debates on Oneness and Acts 2:38 in the group, with a couple of Mr. Winter's BBS moderators taking part. Mr. Winter claims that Charters have no force and he is not bound by them. If he would agree to abide by the Charter, his posts would be welcomed.
108. What else does Mr. Winter do that causes him problems on the net?
Mr. Winter runs a business that supplies consumer electronics and computer-related hardware. He has, in the past, posted advertising for his business in places which do not generally accept advertising or where the advertising is off-topic. He has had numerous articles canceled for this over the past several years. In addition, he posts material to regional groups which do not want it, and have charters which state that the material he is posting is not permitted in the group. Most of this has to do with his business, but at times it is religious in nature.
109. What should you do?
If Mr. Winter is violating general nettiquette, contact the administrator of the site he is posting from (generally "news@site" or "postmaster@site"). Respond to him in the newsgroup as necessary, but do not try to contact him directly, nor send him anything via email or regular mail. In other words, work with the system and do not harass him.
Prime.org and Impsmail.org appear to be hosted by Interland. (www.interland.net). If you are referring to anything from those two sites, and you believe that it is an abuse or violation of Terms of Service issue, contact abuse@interland.com for assistance.
110. Is Steve Winter a SPAMMER
Updated 08/03/03
In the past, I would have said that the answer to this question appeared to be "Yes". He deftly avoided the automatic SPAM detectors by altering the order of his quotes, etc. A simple examination of his responses to any deviation from his view of theology show that it was nearly always the same canned material, slightly altered.
At this point, though, his repeat postings seem to be limited to canned attacks on Raymond Knapp, Mark Bassett and a few others. These do not, in my opinion, qualify as SPAM.
111. What was "Cancel Watch"?
In an attempt to gain support for his refusal to abide by charters, regional group rules, etc, Mr Winter created something he was pleased to call "Cancel Watch", and has posted a FAQ on this to various groups. Mr. Winter claimed that Cancel Watch was protecting people from being canceled by notifying them of a cancel issued against their post. His goal seems to be to eliminate controls on cross-posting and regional newsgroups. See http://www.prime.org/cwatch.htm for a copy of the FAQ. The most important thing to note about this is that he doesn't notify users when HE cancels articles!
Not too long after he started doing this, he stated that he had stopped issuing cancels. I suspect that he discovered that what he was doing was a quick way to lose accounts!
112. Who is Stephen M. Adams?
Stephen M. Adams is the moderator of a soc.religion.christian.bible-study, and is a long time participant in UseNet (since 1985).
113.How to Protect Yourself From Harassment by Steve Winter
The information here was compiled by " pavanas" and is reproduced here with his permission. Please direct any comments to him.
If you are threatened or harassed by Steve Winter by telephone or snail mail (USPS):
If you feel you are being harassed by him, and you live in another state, you can contact your local FBI office, ask to speak with an Internet aware agent.
If you feel you are being harassed by him, you can contact your local District Attorney.
If he uses the telephone, you can contact your phone company.
If he uses the US Mail you can contact your local Postmaster (USPS).
If you feel that you have been harassed or threatened under the aegis of his church you can contact the IRS and ask to speak with an Internet aware agent.
This is mainly applicable to residents of the United States although he has been known to to pester people in Canada.
What to do if you receive a "Lawsuit" in the mail (USPS) from Steve Winter.
If it's just a letter from him, you can ignore it. If he files a real lawsuit, you will receive legal notice ("service") about it and should contact legal counsel.
If you feel harassed by him, and it is not legal process, contact your Postmaster and report him. You might also contact your local State's or US Attorney if you have the desire
You can always turn it over to your attorney for action.
Footnotes
1. Verified in "ProPhone 1996" from Selectphone, and backed up by "whois" information from the NIC. The ProPhone database lists his name, address & phone number, and the SIC code (5734B - Computer Parts sales) for his business. The listing is for "Steve and Nancy Winter" - his wife's name can be verified by looking at his PRIME signup kit and seeing her name listed as a moderator. I do NOT give his address or phone number because I'm not interested in invading his privacy or helping anyone else to do so.
2. Reported via email and netnews postings by several persons.
3. Reported via email and netnews postings by several persons. It has been reported that he is once again on FIDO net. Apparently he has twice been kicked off, but by threatening lawsuits forced his way back in.
4. Reported by Netcom administrators in UseNet posts. Verified by his lawsuit against Netcom, as posted on his own web page.
5. Verified by his lawsuit against Concentric, as posted on his own web page.
6. Verified by his 'Formal Complaint Against AT&T', as posted on his own web page.
7. Verified by his 'The Nando Lawsuit', as posted on his own web page.
8. Verified by his lawsuit threat and postings on his CancelWatch page.
9. Reported via email and netnews postings by several persons.
10. Verified by his letters to former Sen. Jesse Helms and the NC Attorney General's office, as displayed on his web page, and by postings to UseNet from a member of GTE.NET's staff.
11. Verified by his letter to former Sen. Jesse Helms, as displayed on his web page.
Updated 08/05/05
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