1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Chris Sevier Plaintiff V. CASE NO: Cox Communications Inc., Comcast Corporation Inc., Time Warner Cable Inc., American Telephone & Telegraph Inc (AT&T Inc.), American Civil Liberties Union, American Library Association, Helen Rogers, Bridget Bittman, Cyndi McKenzie Sherwood COMPLAINT The eye is the lamp of the body. If your eyes are healthy, your whole body will be full of light. Matthew 6:22 I. INTRODUCTION NOW COMES I, Chris Sevier, former Army Judge Advocate, combat Veteran of Operation Iraqi Freedom, and Eagle Scout for a complaint for damages and injunction against Internet Service Providers and their co-conspirators. ISP filtering is happening in the United Kingdom; ISP filtering will be established in the United States. 1 Like (1) Flux Pavilion and Steve Aoki, (2) Ed Sullivan and the Beatles, (3) Roosevelt and Churchill, (4) General Patton and General Montgomery, (5) Tim Keller and C.S. Lewis, the United States will collab with our brothers and sisters in the UK to make the world a better place in this freedom of consumer choice matter. The complaint is filed in state where Comcast is headquartered under (1) 18 U.S. Code §§1961-1968 violations of the R.I.C.O act - sections 1341, (relating to mail fraud); 1343, 1 The first thing that President Obama did when he took office was to return a bust of Winston Churchill back to the United Kingdom. By filing this lawsuit against the ISPs I am effectively taking that bust back in declaring that we shall join a joint task force the United Kingdom and Canada to push pornography back underground where it belongs. I expect France, Germany, and other allied states to join this task force. 2 (relating to wire fraud); sections 1461–1465 (relating to obscene matter); and section 1511 (relating to the obstruction of State or local law enforcement); sections 1581–1592 (relating to peonage, slavery, and trafficking in persons); under (2) Tennessee Products Liability Act of 1978, T.C.A. § 29-28-101, et seq. and T.C.A. § 29-28-105; under (3) the Lanham Act 15 U.S.C.§ 1051 for false advertising; under (4) breach of implied warranties (T.C.A. § 47-2-316), under (5) deceptive trade practices, TCA §§ 47-18-101 et. seq,, 2 and other tort violations to include strict liability, negligent failure to warn, negligent failure to test, and fraudulent concealment. This case is not about censorship, it is about consumer choice.3 The ISPs are not give adults the ability 2 Pornography that is otherwise being pumped into our homes and on to our persons 24/7 through the laptops and cell phones sold by the Defendants and their co-conspirators must be made harder to access in light of (1) the realities of our human design, (2) the brain science of dopamine, and (3) the evidence that pornography is part of a seamless interconnected continuum with sex trafficking, child exploitation, sexual orientation modification, and sexual compulsive promiscuity, which has created a public health crisis and silent epidemic in America and across the globe. Every time the ISP sell one of their products without activated filters, they violate the display obscenity laws. 3 Here are the types of declarants and witnesses who will appear in this case: a. Pornography Addiction: A supranormal stimulus considered in the context of neuroplasticity – Dr. Donald Hilton. http://pornharms.com/video-pornography-addiction-supranormal-stimulus-considered-context-neuroplasticity-dr- donald-hilton/ b. Sex, Identity, and Intimacy in a Porn Culture – Gail Dines, Ph.D. http://pornharms.com/video-sex-identity-intimacy-porn-culture-gail-dines-ph-d/ c. Long Term Consequences of Pornography Use – Mary Anne Layden, PhD http://pornharms.com/video-long-term-consequences-pornography-use-mary-anne-layden-phd/ d. A Public Health Approach to Pornography Crisis – Cordelia Anderson, MA http://pornharms.com/video-public-health-approach-pornography-crisis-cordelia-anderson-ma/ e. Pornography and the Colonization of Childhood – Sharon Cooper, MD, FAAP http://pornharms.com/video-pornography-colonization-childhood-sharon-cooper-md-faap/ f. Dr. Patrick Carnes: https://www.youtube.com/watch?v=i1pQfGD_MQI g. Gary Wilson https://www.youtube.com/watch?v=wSF82AwSDiU&list=PLcB5xCSErGFdsVmb5KsNwb7KgefFglsC3 h. Shelley Lubben Pink Cross Foundation https://www.youtube.com/watch?v=xGdMi-oC9nM&spfreload=10 i. Jessica Harris -Beggars Daughter. https://www.youtube.com/watch?v=cF1f1yzsQTo j. Matt Fradd https://www.youtube.com/watch?v=xhkRbsmCv1s 3 to choose whether or not unwanted pornography can access them.4 ISPs have the ability to zone pornography to unused ports and to provide filters. This case is also about consent. Consumers are not necessarily consenting to the damaging impact that pornography is having on their brain, biology, and emotional health. By the flip of a switch, ISPs have the ability to cut the flow of unwanted pornography infiltrating homes and businesses 24/7. Just as the electric company has the ability to “cut the power off,” the ISPs have the ability to “turn off” pornography. Unless pornography is specifically requested by adults, the context should be blocked. With or without filters a censorship is taking place. Either decency is being censored or obscenity. The two cannot persist together. There is something inherently wrongfully invasive with having porn pop ups appear while watching a Billy Graham sermon. Failing to provide consumers with a choice violates a scarred and fundamental liberty interest to be free from addiction and the damage of a defective product. It is an injury itself for the device maker to burden the consumer with the onus to self-censor under the totality of the circumstances and existing law.That is not merely the way I feel about it that is the existing law. (see obscenity statutes). The United States must stop listening to Hollywood and come to terms with the reality of the human heart. The human heart is not a garden plot, it is an infinite deep. Predatory pornographers are too aggressive in forcing interactions with their damaging content. I am not trying to be a “kill joy.” I hope to increase joy. The content that we plug into has the ability to materially alter us. Kids have gone from Dr. Suess to porn, and it must stop. Pleading in this case is very difficult because it involves understanding neurology, technology, and a multilayered enterprise. The subject matter is itself a 4 To even suggest otherwise is evidence of the very dishonest and depraved heart syndrome manifested by mankind that itself warrants the necessity for filters that will protect children and give adults the option as to whether they want porngraphy to access them. 4 bit triggering and the matters extensive. I ask for leeway from the Court in pleading the complaint in two parts. This is a case of first impression with lasting impact. In the first part, I have to lay down the frame work. The second part will read more like a traditional case. Also, for clarities sake, when I refer to the “Defendants” in this complaint, I am referring primarily to the ISP Defendants, (AT&T, Comcast, Time Warner, and Cox Communications). However, there are moments where I am inferrable that I am referring all of the Defendants or some of them and I expect all inferences to resolve in my favor. TABLE OF CONTENTS PART ONE FRAMING THE CASE ……………………………………………………………………………………………………10 I. LAYING THE FOUNDATION ……………………………………………………………………………………………………10 A. “We Are Not Legislating Morality, We Are Protecting Women and Children” Prime Minister Cameron ……………………………………………………………………………………………………10 B. “We Must Push Porn Back Underground From Whence It Came” Donna Rice from Enough Is Enough ……………………………………………………………………………………………………11 C. “Pornography Is Driving Technology” Gail Dines from Stop Porn Culture ……………………………………………………………………………………………………12 D. Coca Cola And Cocaine ……………………………………………………………………………………………………12 E. “We Are Living In The Midst Of A Sexual Holocaust” Dr. Mary Anne Layden ……………………………………………………………………………………………………13 F. Nader’s Raiders And The Auto-Industry And Tobacco Industry Parallel ……………………………………………………………………………………………………14 G. If You Are Pro-porn You Are Pro-bad Sex, Child Molestation, And Human Trafficking = There Is No Freedom In That So Stop Saying That There Is ……………………………………………………………………………………………………15 H. “Burden Shifting Off Of Parents and Children and Onto The Pervs” Girls Against Pornography ……………………………………………………………………………………………………16 G. “Shoehornging Obscenity Into the Free Speech Box Has Failed” ……………………………………………………………………………………………………17 5 I. “Sex Trafficking Is Modern Day Slavery” Truckers Against Trafficking ……………………………………………………………………………………………………19 II. CRUSHING THE PUBLIC RHETORIC WITH THE FORCE OF EXISTING LAW CREATED BY THE UNITED STATES SUPREME COURT TIMELINE (PROCEDURAL HISTORY) ……………………………………………………………………………………………………..5 A. 1940s Kinsey ……………………………………………………………………………………………………22 B. 1964 “I know it when I see it” ……………………………………………………………………………………………………23 C. 1968 Ginsberg ……………………………………………………………………………………………………23 D. Miller (1973) ……………………………………………………………………………………………………25 E. 1991 Secret Meeting Between Jobs and Gates ……………………………………………………………………………………………………26 F. Mid 90s CDA ……………………………………………………………………………………………………26 G. 1999 COPA ……………………………………………………………………………………………………27 H. 2002 Ashcroft v. Free Speech Coalition ……………………………………………………………………………………………………29 I. 2013 Apple ……………………………………………………………………………………………………29 J. 2014 Google ……………………………………………………………………………………………………31 K. Math Formula ……………………………………………………………………………………………………31