Andrew H. Wilson WILSON, RYAN & CAMPILONGO 115 Sansome Street Fourth Floor San Francisco, CA 94104 (415) 391-3900 Thomas M. Small Janet Kobrin SMALL, LARKIN, & KIDDE 10940 Wilshire Blvd., Suite 1800 Los Angeles, California 90024-3945 (310) 209-4400 Helena K. Kobrin 7629 Fulton Avenue North Hollywood, CA 91605 (213) 960-1933 Attorneys for Plaintiffs, RELIGIOUS TECHNOLOGY CENTER and BRIDGE PUBLICATIONS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA RELIGIOUS TECHNOLOGY CENTER, a ) CASE NO. C95-20091 RMW California non-profit corporation; ) and BRIDGE PUBLICATIONS, INC., a ) DECLARATIONS OF WARREN California non-profit corporation, ) MCSHANE AND ROSA ERLICH ) MUNSEY IN SUPPORT OF Plaintiffs, ) PLAINIFFS' REPLY IN ) OF ORDER TO SHOW vs ) CAUSE RE CIVIL CONTEMPT ) NETCOM ON-LINE COMMUNICATION ) DATE: March 17, 1995 SERVICES, INC., a Delaware ) TIME: 9:00 am corporation; DENNIS ERLICH, an ) CTRM: Hon. Ronald M. individual; and TOM KLEMESRUD, an ) Whyte individual, dba CLEARWOOD DATA ) SERVICES, ) ) Defendants. ) ) ___________________________________) DECLARATION OF WARREN MCSHANE I, Warren McShane, hereby declare: 1. I am over 18 years of age and a resident of the State of California. I have personal knowledge of the facts set forth herein and, if called as a witness, could and would competently testify thereto. 2. Since August of 1983, I have been employed by Religious Technology Center ("RTC"), a church of the Scientology religion. Since October 1983, I have been a Director and Officer of RTC, and I am currently its President. 3. I have previously informed the Court of requirements that Dennis Erlich had to meet In order to be permitted to study the Church's Advanced Technology materials. True and correct copies of two of the policies on confidentiality and secrecy which are studied by students of the Advanced Technology are attached hereto as Exhibits A and B. They require strict confidentiality of the materials be observed and prohibit copying of any sort, even the taking of notes related to these materials. 4. On March 10, 1995, Mr. Erlich made a posting on alt.religion.Scientology ("a.r.s.") which stated, in different words, the same contempt for the Court's authority which he expressed in his previous statement that no court or government could stop his postings. A true and correct copy of that posting is attached hereto as Exhibit C, containing the following quote: I have my own religion, thank you. Don't want followers, devotees or paritioners [sic]. I do want to be free to preach as I see fit. The US government and the courts thereof have not been granted the right to tell me I can't. Ain't their bizness [sic]. 5. Mr. Erlich has also announced his intention to resume his postings shortly in Exhibit D, where, in response to a request from another person for an e-mail of "the illegal file that the s__ts at the Scientology bank are trying to restrict," Erlich responded: "Give me a couple of weeks, til this is over. Then I'll be happy to post it again." The document to which he is referring is the confidential unpublished works. unpublished works. 6. On March 13, Mr. Erlich made a posting (Exhibit E), containing the following statement: I certainly do not believe that RTC has ownership of those materials. If they can convince a judge that they do, I'll still have fair use rights to criticize and quote them in the context of discussion. You scienos take the position that there is no such thing as fair use of the Oat Tea material and embarrassing Internal documents. Tough position. Learn to fall back early. It'll hurt less. The term "scienos" is Mr. Erlich's derogatory expression for Scientologists. "Oat tea" is a derogatory reference to the confidential unpublished Advanced Technology materials, which are sometimes called "O.T." materials. O.T. stands for operating thetan, which means the spiritual being able to function apart from a body. 7. In a February 16 posting, Mr. Erlich referred to the Court's Writ of Seizure as a "bogus court order," and his conduct since the imposition of the TRO reflects that opinion. (Exhibit F.) 8. Regarding his response to plaintiffs' February 24 filing regarding the seized infringing materials, on February 24, in Exhibit G, Mr. Erlich stated: I will have to respond to whatever bs they submit by next Friday when the judge will rule on continuing or dropping the Temporary Restraining Order, which is preventing me from doing exactly nothing that I already was not doing in the first place. 9. On February 28, 1995, in Exhibit H, Mr. Erlich posted the following statement: And from the judges [sic] Amended TRO he seems to think it's just "business as usual" to allow my enemies into my house, into my private files, to copy, delete and cart off anything they want. 10. One of the more telling remarks by Mr. Erlich as to false facade he is Alas. I will probably not get to expound on my theories of existence before a Federal Judge. Probably the better for me, though. I'd undoubtedly crack wise and get in some kinda trouble. I declare under penalty of perjury that the foregoing is true and correct. Executed at Los Angeles, California, the 16th day of March 1995. /s/ Warren McShane