Associated Press 5:35 PM (ET) Friday, August 25, 1995 Judge Orders Access To Data DENVER--Admitting courts are in a quandary over rapidly advancing technology, a federal judge Friday ordered that a man whose computers were seized in an Internet dispute be allowed to have his attorneys present while his data are searched. Judge John Kane Jr. said media attorney Tom Kelley should be allowed to review computer data seized by the Religious Technology Center of the Church of Scientology in a raid Tuesday at the residence of Lawrence Wollersheim. The church accused Wollersheim of violating copyright and trade secrets by publishing church secrets around the world on the Internet, a worldwide computer network. The church got a warrant and, accompanied by federal marshals, raided Wollersheim's residence, seizing his computer equipment and disks. Marshals also raided the home of his associate, Robert Penny. Kelley said Wollersheim's computer contains sensitive information, and the federal court, not church representatives, should review the data and decide what should be admitted as evidence. Church officials said only their representatives can decide which of the documents contain church secrets. Kane said courts are slow to keep up with advancing technology, and that presents "an incredibly difficult problem." Normally, he said, he would order the material reviewed and separated so disputes could be ironed out, but with computers, the information is often intertwined. "Not only am I as a judge, but the courts in general are adrift in trying to figure out this fairly new problem." In the meantime, he ordered that Kelley be allowed to help decide which documents should be submitted. Kelley said Wollersheim was trying to oppose what he considered to be the "advance teaching of the (church), bringing about mind control of the most pernicious sort," and used his computer to do it. He said in addition to disputed materials, the computer also contained the names and addresses of suicide victims, attempted suicide victims and others--who sent Wollersheim computer mail to fight the church--who don't want their names released. Todd Blakely, attorney for the church, said an independent computer expert had been hired to review the data, and denied the church was going after dissidents. "This is not about anyone's religious beliefs. What is at issue here are the legitimate and duly obtained copyright and trade secrets obtained by the (church)," Blakely said. He said Wollersheim signed a confidentiality agreement, and violated that agreement by posting church secrets. At issue in the case is a court document that Wollersheim is accusing of posting on the Internet. The document, known as the Fishman Declaration, is an affidavit filed in a California court by former church official Steven Fishman. Church officials say it was deliberately seeded with church secrets. The affidavit was made public, but Blakely said church members have shown up every day for the past 2 years to check it out and keep it from the public. The church also keeps its own documents under lock and key, with round-the-clock security, and allows only select church members to view it. A church attorney said the church does not give up its copyright, even if portions are filed in court, and said the church has a duty to protect its copyright and trade secrets or risk losing them. The church said Wollersheim is motivated by "an abiding disrespect for the Scientology religion and its parishioners, and an implacable desire to harm the religion and its parishioners," and accused him of conducting a "campaign of hate pamphleteering, copyright infringement (and) trade secret misappropriation." Church officials say in federal court documents they receive 6 % of the income from the church rites disclosed on the Internet, "which is secret and of considerable value." Church officials said disclosure of the secrets could cause serious financial harm. (From AP)