The official X account for Kiwi Farms revealed that a lawyer representing Kotaku Senior Editor Alyssa threatened the website and its owner with litigation.
Alyssa Mercante via Blerd Without Fear! YouTUbe
Kiwi Farms shared the document to X.
Alyssa Mercante @alyssa_merc threatens the Kiwi Farms with litigation.https://t.co/RZxQiTjHTX pic.twitter.com/X95oEr0NIe
— Kiwi Farms (@KiwiFarmsDotNet) August 26, 2024
The letter written by Lane A. Haygood stated, “We are writing to you concerning your client, Joshua Moon, and his website, Kiwifarms. There is currently a thread on KiwiFarms, in the non-public Prospering Grounds section of the forum, hosting a full dox of our client, Alyssa Mercante.”
“As you may otherwise not be aware, Alyssa has hired us to pursue remedies both in and out of court against people who are serially stalking and harassing her online,” Haygood continued. “Joshua Moon and KiwiFarms are not among those people we are pursuing, but we came across this thread in our research. But for the fact that it hosts a dox, the thread would be otherwise innocuous; annoying and upsetting in tone, but well within the bounds of the law. However, by posting the dox, KiwiFarms provides an avenue for bad actors to get within the shield of Alyssa’s privacy and turn being mean online into genuine threats to her privacy and person. That we cannot permit.”
Legal letter sent to KiwiFarms from Lane A. Haygood on behalf of Alyssa Mercante
Next, he wrote, “The thread in question violates the laws of various states and jurisdictions. It constitutes a violation of Fla. Stat. § 784.048, W. VA Code § 61-2-9a, Wyo. Stat. § 6-2-506, and 18 U.S.C. § 2261A, just for starters. The Courts have recognized this kind of malicious doxing as giving rise to liability, as well. We recommend Gersh v. Anglin, 353 F.Supp.3d 958 (D. Mont. 2018) for an explanation of how things we think of as a protected speech might give rise to civil liability. Further, the thread in question and KiwiFarms’ hardware continues to host Ms. Mercante’s videos’ which is an infringement upon her intellectual property rights. KiwiFarms has no DMCA safe harbor. Furthermore, Section 230 of the Communications Decenty Act offers no respite to Joshua- promoting any thread out of KiwiFarms proper requires affirmative staff action, which obviates the site’s Section 230 protections. See FTC v. Accusearch, Inc., 570 F.3d 1187 (10th Cir. 2009) (holding that where a website solicits and collects confidential information specifically for the purpose of publishing that information, id est, a dox, then that website is not entitled to Section 230 immunity).”
Haygood then reiterated, “To repeat: Mr. Moon is not currently in our crosshairs, and if this thread removes the dox and never leaves the non-public portion of KiwiFarms’ forums, then there will be no reason for us to give Mr. Moon the time of day. Our concern is not with policing the Internet activity of a single person or even a whole forum, but in protecting the security and rights of our clients. The less KiwiFarms puts our clients in danger or permitting others to utilize information provided by KiwiFarms to continue campaigns of harassment, stalking, and intentional infliction of emotional distress, the less we will have to get involved in Joshua Moon’s business.”
Alyssa Mercante via Smash JT YouTube
“Again, our whole concern here is Alyssa’s wellbeing, and this threatens that wellbeing if it is released in its current form. As modified and if it stays private, then we do not believe that it represents a serious threat and may safely be ignored. It would bein your client’s interest to keep it that way,” he wrote.
Finally, Haygood concluded, “We look forward to hearing back from you within thirty days with news that Joshua has complied with this demand without amendment or complaint. If he does so, this will conclude the matter, and this firm will go back to its usual policy of trying to think about Joshua Moon and KiwiFarms as little as humanly possible. If he fails to heed this friendly warning, we will be forced to change our policy. It is rare for someone to have such control over their own fate. Please advise Mr. Moon to make the most of it. If you have further questions or wish to speak with us directly, please contact me by email at lhaygood@kusklaw.com or by phone at (432) 703-4822, or my paralegal Kathryn Tewson at ktewson@kusklaw.com.”
Legal letter sent to KiwiFarms from Lane A. Haygood on behalf of Alyssa Mercante
This legal letter comes less than a week after Mercante indicated she would be “moving forward with legal action against several parties.”
In a post to X on August 21st Mercante wrote, “It’s been nearly six months since my SBI report and the start of the GG harassment campaign. During this time, I’ve been gathering info and seeking advice from lawyers and can finally confirm that I’m moving forward with legal action against several parties for doxxing/harassment and defamation.”
She added, “I’m funding this myself, but will probably have to create a GoFundMe to help with expenses. Appreciate all your support!”
Alyssa Mercante on X
While, this legal letter confirms that Mercante is moving forward with her threats, it does not provide details on the other parties she intends to take action against. However, Mercante did previously threaten YouTuber Smash JT in May.
Mercante had previously sent Facebook messages to Smash JT’s wife and admitted she asked her “what she thinks about the father of her children harassing a woman online and laughing when she shares that someone they’re supporting has been threatening to kill them for weeks.”
Alyssa Mercante on X
READ: Kotaku Senior Editor Alyssa Mercante Mocks Attempted Assassination Of President Donald Trump
MasteroftheTDS would then criticize Mercante as a hypocrite after she claimed that an individual was impersonating her sister and emailing her and asking for her to comment on her actions similar to how she messaged Smash JT’s wife.
MasteroftheTDS wrote on X, “So it’s only okay when Alyssa does it. If anyone else does, it’s harassment.”
So it’s only okay when Alyssa does it.
If anyone else does, it’s harassment. pic.twitter.com/ATBdVfVdzx
— MasteroftheTDS (@MasteroftheTDS) May 17, 2024
Smash JT responded to this post writing, “Well well well… Driving down what was presumed to be a one-way street. Should have checked the signs. I DO NOT condone the actions of anyone doing this to ‘get back’ at her… but goddam is it funny af to witness her short circuit on real-time contradiction.”
Well well well…
Driving down what was presumed to be a one-way street. Should have checked the signs.
I DO NOT condone the actions of anyone doing this to ‘get back’ at her… but goddam is it funny af to witness her short circuit on real-time contradiction. https://t.co/mdUAgZTw0O pic.twitter.com/xWH1WkyU4m
— Smash JT (@SmashJT) May 17, 2024
READ: Kotaku Senior Editor Alyssa Mercante Lashes Out After Kotaku Australia Shut Down
Mercante responded to this post threatening legal action against Smash JT. She wrote, “There is a person in this thread impersonating my sister, likely the same person who made a website about her and has been emailing her from it. You “condemning this” then laughing about it and sharing content from it in your videos makes people think it’s okay.”
She added, “DMing your wife after you’ve been harassing me for weeks is not remotely comparable to this. If you do not stop centering me in your content and emboldening these people to harass me, I will be forced to take legal action.”
Alyssa Mercante on X
She later added, “I don’t want to have to go this route but I am prepared to. You will not bully me off of the Internet and you will not platform people who are stalking my family.”
In a subsequent post she also shared, “If you see an account impersonating me or my family members or sharing sensitive information DO NOT INTERACT, the engagement will boost their visibility. Report, block, move on. DM me if you see fit.”
Alyssa Mercante on X
Smash JT responded to this initial threat of legal action writing on X, “The X account for Alyssa Mercante has suggested they may take legal action against Smash JT regarding my coverage of developing stories in the video game industry. At this time, Smash JT has received no direct communication nor request for edit, redaction, deletion, nor any other modification to the videos or articles in question.”
He continued, “As with all my good-faith conversations, I am happy to consider rebuttal of facts if they have been made in error. Currently, I do not know what specific statements Alyssa Mercante might believe to be false or ‘harassing’. My coverage uses screen captures of, in this case, her own words to substantiate a perspective. Furthermore, it’s difficult to reconcile a person who proclaims it is ‘dehumanizing’ (far beyond ‘harassment’) when facts are being discussed. The irony is strong, coming from a supposed ‘journalist’ employed at Kotaku. She has proven to constantly avoid giving the full story to her audience, and is now trying to silence the real truth about her.”
Jeff aka Smash JT via Smash JT YouTube
“It is particularly interesting that of all the channels covering her indiscretions, Alyssa is choosing to single me out. The inferences made by Alyssa Mercante imply a threat to silence, and I do not take those threats lightly, nor will I be bullied off this platform,” Smash JT asserted.
“I will continue covering this story in an upcoming video, with additional information, facts, and screenshots to (once again) prove my point. It is exhausting, but I will not stop. I seek the truth for the betterment of the entire video game industry,” he concluded.
He then shared his Change.org petition to have Kotaku shut down.
A statement from Smash JT:
The X account for Alyssa Mercante @Alyssa_Merc has suggested they may take legal action against Smash JT regarding my coverage of developing stories in the video game industry.
At this time, Smash JT has received no direct communication nor request…
— Smash JT (@SmashJT) May 18, 2024
Mercante doubled down on her threat to take legal action against Smash JT at the end of May after Wix took his website down following a coordinated campaign led by Second Wind founder Nick Calandra.
She wrote, “I am still pursuing legal action, so if you’ve got a good NYC-based lawyer dm me.”
Alyssa Mercante on X
What do you make of this letter sent to KiwiFarms on behalf of Mercante?
