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Yahoo! Inc. to take action on threatening emails sent to former Mayor Joe Bagby

January 29, 2010

 

 

According to a source, Yahoo! Inc., which operates Yahoo! Mail, will be taking action against two Nunn residents for violating its Terms of Service.  The two individuals sent threatening and abusive emails to newly-elected Mayor Danny Joe Bagby following the December 15 election.

 

Bagby resigned on January 7, citing vandalism to his home, threatening emails, and a lack of support from town staff.

 

Yahoo!'s Terms of Service require users to agree to not use their services to "upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable."

 

The two emails arguably violate these terms.  According to Yahoo!'s website, the company may terminate the accounts of users determined to be in violation of the Terms of Service.  Of course, the users can simply switch to another email provider.

 

But having their email accounts terminated may be the least of their worries.  Of more concern is whether their actions are illegal under state statutes on criminal libel and threatening public servants.

 

Email to "Mr. Gagby" from James McMechan, husband of Town Clerk Tori McMechan - December 26, 2009 (PDF 9 KB, 1 page)

Anonymous email from "Silent Majority" to Mayor Danny Joe Bagby - December 21, 2009

Resignation letter from Mayor Danny Joe Bagby - January 7, 2010 (PDF 9 KB, 1 page)

Letter to the Citizens of the Town of Nunn from Joe and Lynda Bagby - January 18, 2010

Yahoo! Inc. Terms of Service

Colorado Revised Statutes 18-13-105. Criminal libel (PDF 27 KB, 3 pages)

Colorado Revised Statutes 18-8-102. Obstructing government operations (PDF 11 KB, 1 page)


 

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