Post by Admin on Apr 29, 2014 20:02:45 GMT -5
There has been some talk lately over at topix and in Advocate about JP's "alleged" attempt to collect IP addresses and/or names of posters to topix.
In brief, JP asked MoCo School Board to approve $X,000 for a lawyer to collect IP information and seek names. The board voted and approved the money for said purpose even though they knew it was improper use of tax money as it was for personal claims and not official school business.
We could talk ad nauseum about the event, JP, and school board, here are some points to be reviewed:
1. My opinion is that the money was not going to be spent on said lawyer as no legal grounds exist, as far as I undersand the request to school board and the postings I have seen on topix.
2. having an IP address means absolutely nothing. the process to get the "location" associated with any IP as I understand is this =
a. JP get IP address from topix post
b. JP goes to attorney with IP address AND the message posted
c. attorney takes information to judge, judge decides if there is any legal grounds to obtain name (road block #1)
d. judge issues subpeona to IP provider (ATT, Verizon, Comcast, etc.) (road block #2)
e. IP provider must provide written request to the "user" of IP address with the information against them
f. user of IP (and "assumed" poster) consents to request OR can dispute (through lawyer) to the information provided against them road block #3)
g. if disputed, the information can be reviewed by another judge and decided if any legal issues (road block #4)
h. only after all the road blocks have been passed, then they get a name. (road block #5)
i. if they take user to court then user can subpeona topix and get defense documentation, at which point JP and company will be exposed for the biggest legal topix violators (road block #6)
road block 1 = very difficult to bring libel cases to trial, the post would have been something unusual to be considered.
road block 2 = if the IP address is a common USA carrier, there is a "chance" depending on time frame and carrier, if the person used a proxy server or VPN service from outside the USA (mainly South America or Switzerland) then all bets are off and its a hard stop. These services typically don't keep IP records. I suggest everyone use a VPN on any site, including this one.
road block 3 = user can dispute, see the evidence and at least slow things down
road block 4 = first jusdge may let something slide but second judge will be more scrutinizing.
road block 5 = even if they get a name and address, there is legal precedent that this is still not proof that a particular individual posted the information, there are various reasons such as.... the location is a public address such as McDonalds, could be a hacker, could have been an open wifi and neighbor or guest using the Internet signal, etc etc etc...
road block 6 = it is believed most of the slander or libel comments have come from JP supporters in attempt to defame posters of his wrong doings.
3. did ANY member of the board SEE the information that warranted the money?
4. the board is responsible for the money they approve, if they approve improper use knowingly then they are the ones liable for the money. JP walk s away free and clear UNLESS he lied about the use of the money, then both parties are at fault.
5. the heat is really coming at JP right now, it is my opinion all this nonsense IP talk was to cool the topix posters and the $5k is now in someone elses pocket.
In brief, JP asked MoCo School Board to approve $X,000 for a lawyer to collect IP information and seek names. The board voted and approved the money for said purpose even though they knew it was improper use of tax money as it was for personal claims and not official school business.
We could talk ad nauseum about the event, JP, and school board, here are some points to be reviewed:
1. My opinion is that the money was not going to be spent on said lawyer as no legal grounds exist, as far as I undersand the request to school board and the postings I have seen on topix.
2. having an IP address means absolutely nothing. the process to get the "location" associated with any IP as I understand is this =
a. JP get IP address from topix post
b. JP goes to attorney with IP address AND the message posted
c. attorney takes information to judge, judge decides if there is any legal grounds to obtain name (road block #1)
d. judge issues subpeona to IP provider (ATT, Verizon, Comcast, etc.) (road block #2)
e. IP provider must provide written request to the "user" of IP address with the information against them
f. user of IP (and "assumed" poster) consents to request OR can dispute (through lawyer) to the information provided against them road block #3)
g. if disputed, the information can be reviewed by another judge and decided if any legal issues (road block #4)
h. only after all the road blocks have been passed, then they get a name. (road block #5)
i. if they take user to court then user can subpeona topix and get defense documentation, at which point JP and company will be exposed for the biggest legal topix violators (road block #6)
road block 1 = very difficult to bring libel cases to trial, the post would have been something unusual to be considered.
road block 2 = if the IP address is a common USA carrier, there is a "chance" depending on time frame and carrier, if the person used a proxy server or VPN service from outside the USA (mainly South America or Switzerland) then all bets are off and its a hard stop. These services typically don't keep IP records. I suggest everyone use a VPN on any site, including this one.
road block 3 = user can dispute, see the evidence and at least slow things down
road block 4 = first jusdge may let something slide but second judge will be more scrutinizing.
road block 5 = even if they get a name and address, there is legal precedent that this is still not proof that a particular individual posted the information, there are various reasons such as.... the location is a public address such as McDonalds, could be a hacker, could have been an open wifi and neighbor or guest using the Internet signal, etc etc etc...
road block 6 = it is believed most of the slander or libel comments have come from JP supporters in attempt to defame posters of his wrong doings.
3. did ANY member of the board SEE the information that warranted the money?
4. the board is responsible for the money they approve, if they approve improper use knowingly then they are the ones liable for the money. JP walk s away free and clear UNLESS he lied about the use of the money, then both parties are at fault.
5. the heat is really coming at JP right now, it is my opinion all this nonsense IP talk was to cool the topix posters and the $5k is now in someone elses pocket.