The Piercing Truth

This is right from the dictionary and seems to describe Albuquerque, Berry and Schultz. Fascism (f ash ,izem) noun An authoritarian right wing system of government and/or social organization. (in general use) extreme right wing, authoritarian, chauvinistic and/or intolerant views or practices. Fascism tends to include a belief in the supremacy of one group over another, national, ethnic, especially social strata or monetarily; a contempt for democracy, an insistence on obedience to a powerful leader, and a strong demagogic approach. Compliments of one of our Eyes

Apr 23, 2008

Thuggery and Abuse

As we moderated the comments to a recent story about the recently failed motion to put the narrowly approved APD/APOA contract to a new vote, we noticed the following post.
Why is it that "The Eye" has quit posting info about IP Addresses soon to be released....Anyone but me read the AP Article in the Journal the other day about Eclipse Aviation filing a civil suit against this "Blogger" host in an effort to identify and stop people from posting comments about the airplanes? Eclipse won, and now has handed Google a subpeona to force them to hand over the IP Addresses of all who posted on that site....The end is near people, Blogger is the host site for this blog. It's only a matter of time before someone else comes along and get's the IP Addresses for us.....
The story the poster was referring to was Tuesday's Journal story entitled Eclipse Seeks Bloggers' Identity (Subscription). First of all we don't know the identity of the above poster even though we have their IP address. Further, we're not looking and respect their wishes to remain anonymous. It's our policy to post all opinions even when they disagree with us and especially when they disagree with other posters.

Second, there's a HUGE difference between the Eclipse blog (eclipsecriticng.blogspot.com) and your friendly neighborhood Eye On Albuquerque. The Eclipse critic blog seems to be talking about information that could be considered proprietary. Eclipse Aviation is a private company and that according to the Journal story has executed non-disclosure agreements with its current and former employees. They claim that these posts could violate those agreements if they are being posted by any of the people that have signed one of these agreements.
(Sidebar)
There's a pretty good argument that Eclipse has made a major mistake by going after some 28 registered Google posters. The negative media generated from the court case could hurt the company more than any of the comments on the website. And remember Eclipse is paying for this negative press. Mario Burgos has a pretty good take on this one read it here.
(End Sidebar)
One more note about the Eclipse fishing expedition. Having the IP addresses of individual posters is just the tip of the judicial ice berg. Even if Google does turn over the IPs, there will have to be a whole new round of subpoenas issued to multiple Internet Service Providers (ISPs) with their own set of lawyers and privacy policies. We doubt that any court in its right mind will continue to allow Eclipse to go on an open-ended fishing expedition through multiple ISPs to find a group of unknown posters who may or may not have ever been Eclipse employees.

For those of you on the 5th or 11th floors that haven't figured this out yet, Eye On Albuquerque is a political website. We talk about government and public officials whose actions are not always known by the public and in many cases need to be. This is precisely the type of speech that the founding fathers intended to protect.
1st Amendment to the U.S. Constitution
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Let us remind the folks on the 5th and 11th floors that the courts and federal law enforcement take a very dim view of elected officials and police departments working to deny citizens their Constitutionally guaranteed rights.

We recently watched as APD tried to deny Sergeant Heh his right to free speech and his right to petition the government for a redress of grievances (read about it here). Like the him or not, agree with him or not - the vocal sergeant has the right to speak his mind and to ask the council to intervene in a grievance - even if the council only has limited authority to do so.

We'd also remind the Almighty Alcalde and his Chief of Police that using city resources to investigate a private citizen, critic, or rival for political reasons is unethical, an abuse of power, and illegal. Not to mention a waste of taxpayer money.

We wouldn't be surprised if the above poster has some connection with the 5th floor. After the recent 5th Floor Fiasco, we wouldn't be surprised. Whether the comment was generated by a 5th floor confederate or not it shows the type of thuggery that we've come to expect from a group used to controlling its own officers through fear and intimidation. It's simple abuse of power by people who believe they have the God given right to abuse it.

Tips for Safe Anonymous Posting

1. Never, EVER use a city owned computer attached to a city gateway. The city's IT gurus can easily track posts and they don't need a warrant or subpoena to do so. Also, government owned computers and email accounts generate an electronic trail that are part of the public record. Concerned citizens and news organizations can file freedom of information requests to review these records and the city is required by law to provide them at a reasonable cost. Some of you on the 5th floor might do well to remember that.

2. Do NOT create a Google identity. Even if that identity doesn't contain any accurate or personal information it provides a marker for "investigators" to follow. In other words, remain just another needle in a stack of needles. Don't stand out.

3. Post from home using your own high speed connection. Most of these connections are DHCP connections which means they receive different IP addresses from a pool of addresses assigned to a particular service provider. The rotating IP addresses make it more difficult for an "investigator" to track. Also, it's very hard to argue that posting your opinion from home anonymously isn't exercising your Constitutional right to free speech.

4. Use public access Wi-Fi hot spots. This is probably the safest way to maintain anonymity. As long as you are using your own computer in an environment where there are multiple users it would be extremely difficult to track a specific poster after the fact. Be sure to only use hot spots that allow guest or anonymous users.

The bottom line is that while it's not impossible to find out who an anonymous poster is, by being careful you can make it exceedingly difficult. Those who wish to learn your identity have to have enough money to pay for attorneys to continuously file subpoenas to multiple companies in multiple jurisdictions or they have to launch a criminal investigation and have the investigative authority to issue search warrants to multiple companies in multiple jurisdictions. Plus there's that little thing about investigating private citizens for political reasons.

37 comments:

Anonymous said...

While I agree that the Mayor and his cronies are thugs with no respect for the bill of rights, its funny to me that a blog primarily for and about local cops is decrying attacks on civil liberties.

Just six years ago APD assaulted a completely peaceful anti-war demonstration at Central & Cornell in full riot gear. Just three years ago cops beat the owner of a bar on the fourth street mall into the pavement for no reason and then arrested onlookers for taking pictures. Every weekend APD cops assault drunk college kids downtown for not being respectful enough and threaten anyone who tries to film them.

Anonymous said...

Eye, love the blog. I think Eclipse had one other thing and that is the posts were done during business hours from Eclipse computers. I might be wrong with that but that is what I thought I read.

Anonymous said...

They'll get my ISP when they pry it out of my cold dead fingers! They'll never take us alive!

Anonymous said...

The "My Way or the Highway" Marty doesn't care about spending city money on frivolous things. Even knowing he is wrong under the advice of city attorney(s).

He and his cronies are all thugs and will go to any extreme to get to who ever crosses them.

It's kinda like being back in Junior High School! One big stupid clique with a big ass (ass only) as their leader.

Anonymous said...

GOOGLE IS NOT GOING TO GIVE ANYONE IP ADDRESSES.
WITHOUT A FEDEREAL WARRANT AND FOR DAMN GOOD REASON WILL THE CITY BE ALLOWED TO OBTAIN IP ADDRESSES, UNLESS THEY ARE PERSUED AND OBTAINED ILLEGALLY. (AND BY USING CITY RESOURCES AND MANPOWER TO BOOT)
IN THAT CASE, THEY HAVE BROKEN THE LAW AND A CLEAR 'ARTICLE III'
VIOLATION,AND THAT'S PRISON TIME.

Anonymous said...

One additional point, when you post (from home on your own time etc.) start or end with "In my opinion". It makes it very hard to prosecute (or persecute) anyone for having an OPINION under the bill of rights (even in 2008).

Anonymous said...

In my honest opinion, I love the eye and I say we all get together and give a big collective "MUCK FARTY" in 2009. Let him get that DC lobbying job..he can find out how small of a fish in a big pond he really is...How bout it? does anyone else feel this way? I wish that fellow who had the MUCK FARTY bumper stickers would post again...

McNulty said...

IN MY OPINION the first poster is an total a'hole. So, what would a'hole do? Let's ask--When you get spit on, have beer bottles, urine and trash thrown at you and it's your job to control a situation, what would A'Hole do? Also you use the words "for no reason" "completely peaceful" and "every weekend" don't you think that you're exaggerating the facts to make your point? By the way, what is your point???

Please share...

Anonymous said...

In my opinion everyones going to jail! Its hopeless, run for your lives!

Anonymous said...

APD could not investigate their way out of a paper bag! Have you ever talked with any of the chief's, they're dumb as rock. No wonder why APD is in distress.

No brain power at the top leading! The Mayor needs to can that bunch and start over! Mayor, don't let these rocks bring you down or ruin you re-election effort!

Anonymous said...

CORRECTION: IT IS 'TITLE III'
not 'ARTICLE III'
MY BAD.

Anonymous said...

The end is near.....

Anonymous said...

Yeah, Yeah, Yeah.....The real bottom line is that it's not long before all the people posting BS on this rag are exposed and held accountable. Some pretty smart people are working on this, and figuring on how to pay for it. Once that process is complete, the subpeonas will flow like green beer on St Patti's Day. Get ready folks itsa commin...

Anonymous said...

THE SUCCESS OF AN ORGANIZATION IS MEASURED BY THE QUALITY OF ITS LEADERSHIP!

HOW SUCCESSFUL IS APD?

Anonymous said...

In my opinion: Who cares if the posters are exposed?

That would make for a great class action law suit, cost the city tons of money and I bet the ACLU would love to take that one on. And Marty's chances for re-election would be ZERO!.

Like a previous poster said, Marty doesn't care if he knows he's wrong, even advised that he's wrong. He's so arrogant he doesn't care about how much money it would cost the taxpayers. It isn't his money!

Anonymous said...

In my opinion, "the real bottom line is" your an fool if you believe your own bs. You are just posting to scare people.

If there is anything in the universe that cannot stand discussion, let it crack!

Wendell Phillips 1863

Anonymous said...

In my opinion, the Mayor and his buddies signed up for this. We the people means "us". We voted him in, and we can vote him out. Having an opinion is not against the law. We also have the right the gather peacefully downtown and discuss issues that we are concerned about. When did we become so afraid of the men and women WE elected to SERVE us? Wake up Albuquerque. No matter who you are, how much money you make or your family name...your vote counts the same as mine! One! One matters, and when we put them together we can create huge change. Like you, I get frustrated with the corruption. I have been on the front lines among these politicans. My observation is that some of them believe they are above the law. They have been elected to serve US! We need to remind our politicans who elected them, and also remind the businesses that support these politicans that our money keeps their business alive. We the people..it all starts there folks.

Anonymous said...

in my opinion the mayor and each department director works for "we the people". we have the right to free speach and can peacefully protest the actions of public servants. it is our money those folks are using to pay the bills. we the people have given marty a lot of power, it's time to remind him who gave him that power.

Anonymous said...

“Yeah, Yeah, Yeah.....The real bottom line is that it's not long before all the people posting BS on this rag are exposed and held accountable.”

Accountable for WHAT? Having an opinion?

The people who need to be held accountable are the “public officials.”

“In 1964, the United States Supreme Court heard the case of The New York Times v. Sullivan, and the law of defamation changed drastically. For the first time, the Supreme Court recognized that the First Amendment, which protects an individual's freedom of speech and expression, protects even speech and expression that is defamatory. In Sullivan, the plaintiff was a public official who sued The New York Times for libel after the newspaper published certain unfavorable allegations about him. The Supreme Court discussed the First Amendment to the Constitution, which states in part that "Congress shall pass no law abridging freedom of speech or of the press." The First Amendment exists, according to the Court, to help protect and foster the free flow and exchange of ideas, particularly on public or political issues. The Founding Fathers of the United States valued open debates regarding political issues or governments, determining that citizens in a democracy need a free marketplace of ideas in order to become informed and make good decisions. Open debates often become caustic and emotional, with opponents sharply attacking one another in the effort to persuade others. Sanctioning defamatory speech or expression would put an end to such attacks, but sanctions would also jeopardize the free marketplace of ideas by effectively censoring free and open debate.
The Court saw the need for balancing an individual's right to be protected from false and defamatory accusations with the country's right to be informed via a free marketplace of ideas. It determined that in the case of a public official, such as the police official in Sullivan, the First Amendment rights of free speech and expression outweigh the public official's rights unless the public official can prove that the defendant acted with actual MALICE. Actual malice means that the defendant who communicates a defamatory statement does so knowing that the statement is false or very likely false. The defendant need not harbor ill will toward the plaintiff for the public official to recover in an action for slander or libel; the public official need only prove that the defendant knew that the defamatory statement was false or had serious doubts as to its truth.
The actual malice standard only applies to public officials or public figures who sue for slander or libel. Other examples of public officials include elected officials, such as governors or senators, or non-elected government employees with substantial responsibility or control over public affairs. Courts have held that candidates for public office also are public officials and must prove the actual malice standard before prevailing in libel or slander lawsuits.”

http://www.enotes.com/everyday-law-encyclopedia/libel-and-slander

Wouldn’t it be funny if during this “massive investigation”, that is supposedly taking place, the public officials were found to be blogging on this site themselves? What excuse would they have? What accountability would there be?

Anonymous said...

I wonder why a public official would want to sway voters with mis-information? that doesn't seem ethical now does it? do you really think that a department head would ask his "inner circle" employees to vote/speak/blog in favor of a certain issue that the mayor is supporting? no one is that stupid are they? it pains me to think our directors would stoop so low.

Anonymous said...

If Supeonas ARE issued, everyone needs to know that they found IP addresses by BREAKING THE LAW.
You HAVE to get a Federal warrant in order to do so, or you are in violation of "Title III"
If those thinking they are going to round everyone up for posting here, let me remind you that you had better have a good reason. Posting comments and having an opinion is not against the law, However, seeking IP addresse without proper authority IS.
As for the threatening post above about smart people that will expose everyone, I say bring it on.
YOU will go to jail for doing an illegal excercise, on City time, City funds, and City employees.

Anonymous said...

The very same public officials that you speak of, ARE blogging on this site.

Anonymous said...

IN MY OPINION,THEY CAN'T STAND THE FACT THAT THIS WEB SITE IS THE ONLY MEDIA OUTLET THEY CAN'T CONTROL. SO WHY DO THEY NEED CONTROL OVER THE NEWS MEDIA? TO STIFFLE THE TRUTH?
WHAT ARE THEY HIDING THAT THEY DON'T WANT YOU TO FIND OUT ABOUT?

P-L-E-N-T-Y !!!!!!!!!!!!!!!!!!!!!

Anonymous said...

I am from the more affluent part of the business sector and have many friends that work as police offices. After talking with many of them, I think you would be surprised what public officials/high ranking police at the top blog on this site against their own administration. They too are tired of all the B.S. politics! I know one that does it with regularity and he is at the top of the food chain. He also said there were others as well. He told me, how do you think some of that super sensitive stuff gets out. This person also states that the PD or city has no way to ever get the IP addresses or find out who is blogging without a Federal Search Warrant, as long as it's not from a city computer, assigned to a specific user. He also said the warrant is virtually impossible to obtain, short of a major crime.

So, that goes to show, even the upper city and police administrators are also fed up with the system.

Maybe, one of them will become our next mayor of police chief.

Anonymous said...

As a private citizen who does not work for any city agency anyone who shows up at my door in response to anything I post on this blog better have a subpoena and make sure their insurance is paid up - ITS CALLED FIRST AMENDMENT AND NO ONE IS ABOVE IT!!!!

Anonymous said...

The search for IP addresses would be pointless if only their were a few of you who would stand up for what you believe in, accept the flak that follows, and carry on the fight in plain site.

How exactly does one stand up behind an anonymous poster?

If you can't find anyone to actually stand up and be counted,
perhaps you should just give up and accept your ass-widening like adults.

Mr. Wolf said...

The APD membership would do wise to go read this blog:

http://mgbralley-whatswrongwiththispicture.blogspot.com/

Anonymous said...

Confucius say;
those who can only bitch about their ass widening
will never END their ass widening.

somebody pop a pair
let's get it on!

Anonymous said...

And Eclipse is about to be handed their ass as will Abq should they decide to be as foolish. The class action alone should be quite impressive.

Anonymous said...

What needs to happen is everyone starts massive blogging on this site. Make it really, really difficult to get all the IP addresses. If they're swamped they will give up because a)the city right now is short on staffing, and b)these IT people don't care one way or another whose blogging, and c)it's the Almighty One that cares, no one else gives a f*&k!!

Anonymous said...

The end is near....Protect your IP's. I hear the work has begun..

Anonymous said...

What are they going to do? Take out their entire dept and half their own command staff! Hahahahahahahah I doubt it. If the chief and mayor only knew what staff right under their noses are blogging! hahhahahahahahaahha

Their own people hate them and would love to bring them down and take their place. Roman culture is still being practiced in this city govt! Watch out boys, as your own are exposing your hidden secrets!

Anonymous said...

In my opinion:
To: "Why a public official would want to sway voters...

Because Marty is delusional. He has no clue how many people hate him, city employees and citizens. Not everyone works for the city and can be intimidated. City workers have family & friends.

And Roman culture: the Ides of March are upon us, Ceasar, it doesn't matter what month it is.

Anonymous said...

IS THE CHIEF STILL TARGETING ANDREW GALLEGOS. HE WAS TOLD BY EVERYONE, INCLUDING THE DA'S OFFICE THAT THERE WAS NOTHING THERE, AS FAR AS CHARGES GO, BUT HE'S STILL TRYING TO GO AFTER ANDREW. CHIEF, WHAT DON'T YOU GET! THERE IS NOTHING THERE, MOVE ON ALREADY. QUIT TRYING TO FRAME THIS GUY ON BOGUS CHARGES. CHIEF, HOW CAN YOU LIVE WITH YOURSELF. YOU WILL LOOSE THIS BIG IN COURT, AS EVERYONE LOOKING INTO THE CASE WILL HAVE TO TESTIFY UNDER OATH ON WHAT WAS SAID! CHIEF, YOU WON'T BE ABLE TO LIE YOUR WAY OUT ON THIS ONE!

Anonymous said...

Anonymous said...
The end is near....Protect your IP's. I hear the work has begun..

Too late, I hear that the subpeonas are being handed down this week....I'm glad I retired when I did. Look out, here they come boys & girls...

Anonymous said...

The above posters are full of sh*t!

Watch this week come and go. Bunch of dirty high ranking APD cops

Anonymous said...

Hey stop insulting the rest of us, Paul Heh is high.........Ummm, never mind. I don't think there is anything tall or high about him.