WILLIAM M. SIMPICH (#106672) Attorney at Law 1736 Franklin Street, Tenth Floor Oakland, California 94612 Telephone: (510) 444-0226 JAMES P. HARRISON (#194979) Attorney at Law 980-9th Street, 16th Floor Sacramento, CA 95814 Telephone: (916) 492-9778 Attorneys for Plaintiff JOHN GILMORE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JOHN GILMORE, Case No. C-02 3334 SI Plaintiff, vs. DECLARATION OF JOHN GILMORE IN SUPPORT OF PLAINTIFF'S REQUEST FOR JUDICIAL NOTICE JOHN ASHCROFT, in his official capacity as Attorney General of the United States, ROBERT MUELLER, in his official capacity as Director of the FEDERAL BUREAU OF INVESTIGATION, NORM MINETA, in his official capacity as Secretary of Transportation, JANE F. GARVEY, as Administrator of the Federal Aviation Administration, JOHN W. MAGAW, in his official capacity as chief of the Transportation Security Administration, TOM RIDGE, as his official capacity as chief of the OFFICE OF HOMELAND SECURITY, UAL CORPORATION aka UNITED AIRLINES, SOUTHWEST AIRLINES, DOES I-XXX, Defendants. _____________________________________/ I, John Gilmore, declare as follows: 1. My name is John Gilmore and I am the plaintiff in Gilmore v. Ashcroft, C-02-3444 SI. 2. On September 16, 2003 I downloaded a file from the internet at the URL: http://www.ndia-tvc.org/SESEC/Presentations/SE2%20Conference%20PDFs/DAY_2/Session%203/S3B3_Roark.pdf Immediately afterward, I viewed this file on my computer screen. It contained 23 pages of text and diagrams. Based on its contents, its location on the web site, and the surrounding documents such as the conference program, I concluded it to be a slide presentation by Mr. Roark, an employee of Torch Concepts, to the second annual South East Software Engineering Conference ("SESEC"), in session 3 ("Information Technology for Homeland Defense"), presented on April 2, 2003. The conference was held by the National Defense Industrial Association, Tennessee Valley Chapter, at The Von Braun Center in Huntsville, Alabama. 3. On September 17, 2003, the next day, I attempted to download the above document again from the same location. The web site responded that there was no such document. Also, the directory of presentations for the conference at the URL: http://www.ndia-tvc.org/SESEC/program_presentations.htm did not show any mention of a presentation from Torch Concepts. 4. On October 1, 2003, I again attempted to download the Torch conference presentation. The web site continued to report that there is no such document. The directory continued to show that there was no presentation by Mr. Roark or by Torch Concepts. However, there were four other documents available under "Session 3", which are named "S3B1_Toliver.pdf", "S3B2_Russell.pdf", "S3B4_Belton.pdf", and "S3B5_Johnson.pdf". There was no file that begins "S3B3". The names "Toliver", "Belton", and "Johnson" were listed in the directory of presentations, as speakers in the same April 2 conference session. 5. On September 17, 2003, I also viewed the Torch Concepts web site at www.torchconcepts.com. I downloaded and viewed a May 8, 2002 press release from: http://www.torchconcepts.com/news/release-9.htm. This document announced that Torch had won a contract to support the Army in pattern recognition for anti-terrorist purposes. The press release identified William Roark as Chief Operating Officer of Torch Concepts. Its final paragraph was the single sentence, "This effort will be performed under a subcontract to SRS Technologies ('SRS')." 6. On September 23, 2003, I again downloaded and viewed the press release from the same location: http://www.torchconcepts.com/news/release-9.htm By this time, the paragraph about SRS Technologies had been removed from this purported 2002 press release. The rest of the text was unchanged. 7. This "editing of the past" reminded me of the dystopian novel "1984", in which the main character was employed in constantly rewriting books, newspapers, and other private records so that they would not reveal any historical facts that would embarrass the government. 8. On October 1, 2003, I again downloaded and viewed the same Torch Concepts press release. It was unchanged from the one I downloaded on September 23; it was still missing the mention of SRS. 9. I have viewed the 23-page document submitted here to the court for judicial notice, and it is a true and accurate copy of the conference presentation document that I downloaded and viewed on September 16, 2003. 10. I declare under penalty of perjury that the foregoing is true and correct and of my own personal knowledge. Date: John Gilmore