NY case spotlights Dead Sea Scrolls, fake e-mails
By JENNIFER PELTZ
NEW YORK (AP) - Students and university officials started
getting e-mails last year in which a prominent Judaic studies
scholar seemed to make a startling confession: He had committed
plagiarism.
The messages, it turned out, were a hoax. Prosecutors filed
criminal charges, saying a lawyer sent the messages to tarnish the
professor, his father's rival.
The court case has drawn attention to issues both ancient (the
origin of the Dead Sea Scrolls) and decidedly modern (phony online
identities).
On Wednesday, a defense attorney asked a judge to throw out most
of the charges, saying they put parodies, pranks and freewheeling
Internet discussion at risk.
The more than 2,000-year-old Dead Sea Scrolls were found in the
1940s in Israel and include the earliest known version of portions
of the Hebrew Bible. They have shed important light on Judaism and
the beginnings of Christianity.
Their origin is the subject of an insular, but notoriously
heated, academic debate.
Many scholars say the scrolls were assembled by an ancient
Jewish group, the Essenes. Others, including University of Chicago
professor Norman Golb, say the writings were the work of a range of
Jewish sects and communities.
Authorities say Golb's son Raphael was so incensed by the
disagreement that he decided to take aim at his father's
adversaries, particularly New York University Judaic studies
chairman Lawrence Schiffman.
Raphael Golb, a 49-year-old attorney, opened an e-mail account
in Schiffman's name and used it to send messages to NYU students
and officials in which Schiffman purportedly acknowledged
plagiarizing and misrepresenting Norman Golb's scholarship, the
Manhattan district attorney's office said. The e-mails asked the
recipients to help cover up the supposed misdeeds.
``My career is at stake,'' some e-mails read.
Prosecutors say Golb also used other aliases to send e-mails and
post online articles in an effort to color debate about the
scrolls.
Golb faces charges including with identity theft and criminal
impersonation. He has pleaded not guilty.
Golb contests sending the e-mails. But whoever did send them was
just pulling an ``intellectual prank'' and expressing ideas
protected by free speech rights, said Golb's lawyer, Ronald Kuby.
``An attempt to influence a public, academic debate by e-mails
and blog postings authored under assumed names cannot be an object
of criminal'' laws designed to protect people from fraud, threats
or physical harm, Kuby wrote in papers filed this week.
Otherwise, prosecutors could target ``a vast array of online
activities,'' from parody sites to blog comments made under
aliases, he wrote.
The court hasn't ruled on Kuby's bid to get most of the charges
dismissed.
Libel isn't an issue in the case: It isn't a crime in New York.
Internet impersonation has generated various civil lawsuits, but
prosecutions are much more common in cases that involve stealing
money, said Sam Bayard, a fellow at Harvard University's Berkman
Center for Internet & Society.
``It's usually very difficult to fit this into a (criminal)
legal pigeonhole,'' he said.
Among Internet impersonation prosecutions was the federal case
against Missouri mother Lori Drew. She was accused of helping her
daughter and a friend pose as a teen boy on the MySpace social
networking site to send hurtful messages to a 13-year-old neighbor
girl who committed suicide.
A federal jury in California, where MySpace has its servers,
convicted Drew of misdemeanor counts of accessing computers without
authorization, but a judge overturned the verdict and acquitted
her.
Other online-alias cases have landed in civil courts. St. Louis
Cardinals manager Tony La Russa sued the microblogging site Twitter
in May over an unauthorized page that used his name, saying it
caused him emotional distress by making light of such things as the
recent deaths of two Cardinals pitchers. He dropped the case in
June.
11/07/09 13:20
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