Today Kurt Eichenwald, a prominent journalist and author, filed a civil lawsuit against John

Rivello in the United States District Court for the District of Maryland, Northern Division, through his
attorneys Steven Lieberman, Jennifer Maisel, and Spencer Johnson from Rothwell, Figg, Ernst &
Manbeck PC. The lawsuit arises primarily from events that took place on December 15, 2016, when Mr.
Rivello sent to Mr. Eichenwald an electronic message over Twitter (a tweet) that contained an
animated strobe image flashing at a rapid speed and the statement YOU DESERVE A SEIZURE FOR YOUR
POSTS. Such strobe images are known to trigger seizures in people with epilepsy, and as a proximate
result of Mr. Rivellos actions, Mr. Eichenwald did in fact suffer a seizure and other substantial harm
upon receipt of Mr. Rivellos tweet at his home in Dallas, Texas. The complaint alleges that, at the time
Mr. Rivello sent Mr. Eichenwald the tweet, he knew that Mr. Eichenwald had epilepsy, knew that a
strobe image flashing at rapid speed was likely to cause Mr. Eichenwald to have a severe seizure, and
intended to cause precisely that result. The civil lawsuit involves common law tort claims including
battery, assault, intentional infliction of emotional distress, and purposeful infliction of bodily harm.

The civil action follows the arrest of John Rivello at his home in Maryland on March 17, 2017, on
a warrant issued by the United States District Court for the Northern District of Texas. Based on publicly-
available documents associated with the criminal proceedings against Mr. Rivello, we believe that other
individuals conspired with Mr. Rivello in planning and executing the sending of the strobe light to Mr.
Eichenwald. Through the civil discovery process, we intend to identify those individuals and to pursue
claims against them as well. We are also considering additional civil actions against the more than 90
people who have sent flashing strobe lights to Mr. Eichenwald subsequent to the public disclosure that
Mr. Rivellos strobe attack had caused Mr. Eichenwald to have an epileptic seizure.

Mr. Eichenwald hopes that the lawsuit will help spread awareness to the public about epilepsy
and the dangers of strobe GIFs so that others with epilepsy, many of whom have been subjected to
similar online attacks, could be protected from future assaults. Mr. Eichenwald plans to donate any
recovery from the civil lawsuit to the Epilepsy Foundation and CURE, charities that advocate for those
with epilepsy.

The complaint detailed not only Mr. Rivellos action of sending the December 15, 2016, tweet,
but also provided direct messages sent by Mr. Rivello regarding his actions, including: I hope this sends
him into a seizure, I know he has epilepsy, and lets see if he dies. In addition to ongoing Federal
proceedings, Mr. Rivello was also indicted by a Dallas County grand jury for the offense of aggravated
assault with a deadly weapon on March 20, 2017. The indictment included an enhancement for Mr.
Rivellos targeting of Mr. Eichenwald based on Mr. Rivellos alleged bias or prejudice against persons of
Jewish faith or descent.

Steven Lieberman, a prominent intellectual property litigation attorney in the District of

Columbia, and who has particular expertise in the First Amendment area, notes that the lawsuit does

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not challenge Mr. Rivellos right to free speech. It challenges his actions in sending a flashing strobe
light to a person he knew had epilepsy with the intention to cause serious physical harm to Mr.
Eichenwald. This case is no different from one where an assailant sends a bomb or poison through the
mail, intending to harm his victim.

We intend to hold Mr. Rivello, and anyone else with whom he conspired, responsible for those
actions.

Mr. Eichenwald is an American journalist who serves as a senior writer with Newsweek and a
contributing editor at Vanity Fair. Mr. Eichenwald previously worked for twenty years at The New York
Times as an investigative reporter, columnist, and senior writer. He is a two-time winner of the George
Polk Award for excellence in journalism, and was a Pulitzer Prize finalist in 2000 and 2002.

Mr. Eichenwald is an author of four books, including Serpent on the Rock (1995), The Informant
(2000), Conspiracy of Fools (2005), and 500 Days (2012). Three of Mr. Eichenwalds books have been
included on the New York Times bestselling list of books. Additionally, in 2009 the Informant was made
into a motion picture starring Matt Damon.

Steven Lieberman
Rothwell, Figg, Ernst & Manbeck. P.C.
607 14th Street, N.W.; Suite 800
Washington, DC 20005
Phone: 202-783-6040; Fax: 202-783-6031
e-mail: slieberman@rothwellfigg.com