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Fight Against Coercive Tactics Network, also known as FACTNet, co-founded by Robert Penny and Lawrence Wollersheim, was a
Colorado Colorado (, other variants) is a state in the Mountain states, Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the wes ...
-based anti-cult organization with the stated aim of educating and facilitating communication about "destructive
mind control Brainwashing (also known as mind control, menticide, coercive persuasion, thought control, thought reform, and forced re-education) is the concept that the human mind can be altered or controlled by certain psychological techniques. Brainwashi ...
". Coercive tactics, or "coercive psychological systems", are defined on their website as "unethical mind control such as brainwashing, thought reform, destructive persuasion and coercive persuasion". The founding thesis of FACTNet – that cults use mind control and
brainwashing Brainwashing (also known as mind control, menticide, coercive persuasion, thought control, thought reform, and forced re-education) is the concept that the human mind can be altered or controlled by certain psychological techniques. Brainwashi ...
on their members – remains a debated subject, with Margaret Singer,
Philip Zimbardo Philip George Zimbardo (; born March 23, 1933) is an American psychologist and a professor emeritus at Stanford University. He became known for his 1971 Stanford prison experiment, which was later severely criticized for both ethical and scien ...
, and some others in the anti-cult movement promoting the concept while Eileen Barker, James T. Richardson, and other scholars and legal experts rejecting at least the popular understanding of brainwashing.


Conflict with Church of Scientology

In 1995 FACTNet was featured in the news due to a lawsuit regarding the seizure of FACTNet servers and files by the
Religious Technology Center The Religious Technology Center (RTC) is an American non-profit corporation Letter by the Internal Revenue Service to Flemming Paludan, Regional Director, Danish Tax-Office, Washington, D.C., USA, December 22, 1993 that was founded in 1982 by the ...
(RTC), a sub-organization of the
Church of Scientology The Church of Scientology is a group of interconnected corporate entities and other organizations devoted to the practice, administration and dissemination of Scientology, which is variously defined as a cult, a business, or a new religious ...
created to oversee the protection of its
trademarks A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression that identifies products or services from a particular source and distinguishes them from ot ...
and
copyrights A copyright is a type of intellectual property that gives its owner the exclusive right to copy, distribute, adapt, display, and perform a creative work, usually for a limited time. The creative work may be in a literary, artistic, educati ...
. In August 1995 RTC lawyers went to a
Denver Denver () is a consolidated city and county, the capital, and most populous city of the U.S. state of Colorado. Its population was 715,522 at the 2020 census, a 19.22% increase since 2010. It is the 19th-most populous city in the United ...
judge alleging copyright infringement and illegal use of
Scientology Scientology is a set of beliefs and practices invented by American author L. Ron Hubbard, and an associated movement. It has been variously defined as a cult, a business, or a new religious movement. The most recent published census data i ...
documents by FACTNet. A raid of two directors' homes was conducted on August 21, 1995, by two U.S. marshals and six RTC representatives, with the actual search for incriminating documents conducted by the RTC alone. Witnesses of the searches testified that the marshals allowed the RTC representatives to go far beyond the scope of the order in their search for information. The marshals also failed to search the representatives before or after the search, making it possible for them to carry off discs and other documents containing critical information. FACTNet immediately accused the Church of Scientology of attempting to silence their voice by stealing and contaminating information vital to their continued attacks and lawsuits against the Church. The raids provoked debate both on the internet and in university settings, with university protesters in
Denver, Colorado Denver () is a consolidated city and county, the capital, and most populous city of the U.S. state of Colorado. Its population was 715,522 at the 2020 census, a 19.22% increase since 2010. It is the 19th-most populous city in the United ...
, holding signs that read: "Hands Off the Internet" and "Scientology Harasses Critics", while
counter-protest A counter-protest (also spelled counterprotest) is a protest action which takes place within the proximity of an ideologically opposite protest. The purposes of counter-protests can range from merely voicing opposition to the objective of the othe ...
ers at the Boulder County Courthouse carried signs such as: "Only criminals spread lawlessness on the Internet." FACTNet filed a lawsuit, and on September 14, 1995, a federal judge ruled the seizure illegal because it violated FACTNet's right to
free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The right to freedom of expression has been recogn ...
on the internet, and ordered the RTC to return all computers and files that were seized. In his ruling in
United States District Court The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district c ...
, Judge John L. Kane stated: "The public interest is best served by the free exchange of ideas." Nevertheless, FACTNet states that it has incurred irreparable damage, as the secrecy of its documents had been violated by the RTC. An attorney for the
Electronic Frontier Foundation The Electronic Frontier Foundation (EFF) is an international non-profit digital rights group based in San Francisco, California. The foundation was formed on 10 July 1990 by John Gilmore, John Perry Barlow and Mitch Kapor to promote Internet ...
approved of the Judge's decision in the matter, stating: "They certainly do not have the right to seize everything and to fish around. There seems to be this thought that things that are contained on a computer aren't subject to the same protections. I think the law is catching up." Helena K. Kobrin, a Church of Scientology attorney with the firm Moxon & Kobrin, defended the seizures of the computers, saying after the judge's decision: "The decision yesterday was a very sad day for intellectual property owners and a very sad day for the Internet." In a series of cases, Scientology (through subsidiary Bridge Publications) sued FACTNet for claimed copyright violations. In 1998, Judge Kane denied Scientology's request for summary judgment because FACTNet challenged Scientology's ownership of the copyrights of the documents. A settlement was later reached in 1999, whose terms were that if FACTNet is ever found guilty of violations of Church copyrights, they are permanently enjoined to pay the Church 1 million USD. The 2000 film '' Battlefield Earth'' starring
John Travolta John Joseph Travolta (born February 18, 1954) is an American actor. He came to public attention during the 1970s, appearing on the television sitcom '' Welcome Back, Kotter'' (1975–1979) and starring in the box office successes ''Carrie'' (1 ...
stirred up controversy because it was based on a book by L. R. Hubbard, the founder of the Church of Scientology, and Travolta was a well-known Scientologist. ''
The Guardian ''The Guardian'' is a British daily newspaper A newspaper is a periodical publication containing written information about current events and is often typed in black ink with a white or gray background. Newspapers can cover a wide ...
'' reported on FACTNet's claims that the film was a
proselytism Proselytism () is the policy of attempting to convert people's religious or political beliefs. Proselytism is illegal in some countries. Some draw distinctions between '' evangelism'' or ''Da‘wah'' and proselytism regarding proselytism as invol ...
piece for Scientology, noting: "FACTNet suggested that subliminal messages had been cunningly inserted by Scientologists to win over new converts to join the church." The filmmakers asserted that it had nothing to do with the Church of Scientology, but ''
The New York Times ''The New York Times'' (''the Times'', ''NYT'', or the Gray Lady) is a daily newspaper based in New York City with a worldwide readership reported in 2020 to comprise a declining 840,000 paid print subscribers, and a growing 6 million paid ...
'' reported on FACTNet's assertions that: "the film was secretly financed by Scientology, and that Scientology plans recruiting efforts to coincide with the movie's release." Sociology professor James T. Richardson did not agree with FACTNet's claims, stating: "I seriously doubt that someone is going to go out and join Scientology just because they see this movie." In 2002, after Lawrence Wollersheim won a 8.7 million USD judgement against the Church of Scientology, FACTNet posted a statement from him on the site, saying: "The cult that vowed it would never pay me one thin dime has now paid over 86 million thin dimes." FACTNet spoke out in support of an episode of the TV show '' South Park'', awarding their staff the "FACTNet Person(s) of the Year for 2005" for the satirical episode on Scientology, "
Trapped in the Closet ''Trapped in the Closet'' is a musical soap opera series by American R&B singer, songwriter & producer R. Kelly, with 33 "chapters" released sporadically from 2005 to 2012. Written, produced, and directed by Kelly, the series tells a story of a ...
". In 2006, FACTNet director Wollersheim was consulted for the '' 48 Hours'' story on the death of Scientologist Elli Perkins, "Scientology – A Question of Faith". Wollersheim was quoted in the piece, stating: "Scientology. They are the worst example of mind control in a religious setting that has ever existed". The program also noted that the Church of Scientology characterizes him as a "liar and a fraud", and asserts that most of its members live happy and fulfilled lives.


Internet law

Legal cases involving the organization and the
Religious Technology Center The Religious Technology Center (RTC) is an American non-profit corporation Letter by the Internal Revenue Service to Flemming Paludan, Regional Director, Danish Tax-Office, Washington, D.C., USA, December 22, 1993 that was founded in 1982 by the ...
are cited in analysis of
fair use Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the intere ...
law. The book ''Internet and Online Law'' noted that "reproduction in computer format of plaintiff's entire copyrighted texts for defendants' private use and study falls well within the fair use exception." The work '' Cyber Rights: Defending Free Speech in the Digital Age'' characterized FACTNet as part of the "publishers and posters" group, when analyzing Scientology related legal cases in the chapter: "The Battle over Copyright on the Net." The author also placed
Dennis Erlich There are a number of disputes concerning the Church of Scientology's attempts to suppress material critical of Scientology on the Internet, utilizing various methods primarily lawsuits and legal threats, as well as front organizations. In l ...
and Arnie Lerma in this classification while analyzing actions taken by the Church of Scientology, which the author calls a "famously litigious organization."


See also

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Anti-cult movement The anti-cult movement (abbreviated ACM, and also known as the countercult movement) consists of various governmental and non-governmental organizations and individuals that seek to raise awareness of cults, uncover coercive practices used to a ...
*
Copyright infringement Copyright infringement (at times referred to as piracy) is the use of works protected by copyright without permission for a usage where such permission is required, thereby infringing certain exclusive rights granted to the copyright holder, ...
* Scientology and the legal system *
Scientology controversy Since its inception in 1954, the Church of Scientology has been involved in a number of controversies, including its stance on psychiatry, Scientology's legitimacy as a religion, the Church's aggressive attitude in dealing with its perceived ene ...


References


Further reading

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External links

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EFF Electronic Frontier Foundation "Legal Cases - Church of Scientology" Archive
{{Opposition to NRMs Critics of Scientology Anti-cult organizations Scientology and the Internet