Suspicious court cases, missing defendants, aim to get webpages taken down
washingtonpost.com
washingtonpost.com
This shows an important reason why court proceedings should be openly accessible at scale. Lawyers can spread legal DOS attacks out across jurisdictions, where individual judges would have a hard time discovering the pattern. Allowing citizens to do large scale pattern matching will uncover such things.
- https://www.washingtonpost.com/news/volokh-conspiracy/wp/201...
Sounds like this probably would have happened with or without the Post.
The Post provides them that.
https://wikileaks.org/dnc-emails/emailid/2699
This site has a copy with more readable formatting:
http://heavy.com/news/2016/07/wikileaks-emails-clinton-berni...
And that's just one example. Such horribleness is all over those systems. I had a hearing get moved 40 miles away -- apparently en-masse because of a computer system change -- with no notification to myself or my lawyer. I didn't even find out about that until we showed up. Sure, the US system is fantastic compared to other places in the world and justice during the middle ages. However, there's still a lot to it that's horrible.
EDIT: The takeaway from this article, my experience, and from many accounts of the justice system in the US, is that it is good on the large contexts of the world and history. However, it's still capable of cruel and arbitrary effects that run drastically counter to reality. Many of these effects come as myriad little "bites" or as if one is fighting a current. And the direction of these effects is strongly influenced by perceived socioeconomic status and race. This is still not up to the point of "good governance."
When you have problems with the "retail" side of government at any level, call your local councilman, alderman, or whatever. If they suck, call the police chief.
Isn't that the way it's supposed to be? It's an old concept: In the eyes of the law, people don't get special treatment depending on their social status.
So no, I'm not expressing disappointment that I'm not spoken to as a privileged person. I'm just wishing I was spoken to equally as a person.
Neither was the part where they expected "special treatment depending on their social status." You don't get to dismiss the author's suspicions as imaginary while elevating your own to fact.
As a result, there isn't really anyone who can tell even all the federal courts, much less the state ones, to all plug into a central electronic filing system. Indeed, even though the federal courts all use the PACER software, each court actually maintains it's own system.
[0] https://www.wired.com/2016/05/problem-feds-profiting-off-cou...
Congress can, in fact, do that for federal courts; as for state courts, its true that there is no one body that can, but Congress has been very successful in the past at getting fairly good national compliance with programs that are outside of its ability to mandate by setting rules and providing implementation and maintenance funds to states who choose to follow the rules; there's no reason why this couldn't work with court record systems.
No, you said there was no one who can do it -- more specifially, you said that, as a result of the organizational structure of the US government, "there isn't really anyone who can tell even all the federal courts, much less the state ones, to all plug into a central electronic filing system."
In point of fact, there is someone who can tell the federal courts to do that, and while they can't actually tell the state courts to, they have a lever that they've been quite adept at using at the past that would likely get at least most state courts to comply were they to choose to.
Now, you can shift to arguing that the entity who could act has a historic lack of will in this area, but that's a very different argument than the absence of an entity with capacity to act.
I think that's an accurate statement. There is no central administrative authority over the U.S. courts.[1] The chief judges of the courts are responsible for their administration, and the Administrative Office of the Courts serves a policymaking/support role. So there is no "CTO" that can impose a judiciary-wide IT policy like moving to a single electronic filing system. That's why every single court has a different website, runs a different PACER version, etc.
Sure, Congress can exercise its legislative powers to impose such a policy, but it can do lots of things that way.
[1] I don't know what authority Congress Constitutionally has over court administration. Apparently, before reforms in the 1930s, courts were administered through the executive branch.
https://free.law/ https://github.com/freelawproject/courtlistener https://www.courtlistener.com/
Disclaimer: While I have no affiliation with this project, I am friends and former roommates of the Free Law Project's Director.
All of this plus fraud (if they misrepresented what they would do) and criminal charges (because pretty much everything ever is against the law)
The companies all seem to be fronts for the same individual. Its not unheard of for one individual or a small group to come up with a moneymaking scam that involves exploiting the legal system when they believe that they have constructed enough cutouts (e.g., separate front companies) to protect themselves from liability (and maybe even identification.)
Consider, e.g., the case of Prenda Law. [0]
Since they are apparently doing it in states where they have guaranteed the person does not exist, who is going to argue?
Courts are pretty much the last people who ever would discover this. They entirely rely on their raw power to punish people to prospectively enforce decorum and rule, not investigation or auditing.
That is, they do not discover fraud easily or quickly, but when they discover fraud, it tends to go very much "not well" for the people involved.
That's interesting. This may be a case where you are more secure if your name is common, such as John Smith, since I think the likelihood of finding a state without a John Smith in residence is fairly small.
Or it happens so often that this is the 1 in 1000 that got discovered.
There are states that take it more seriously, like maryland. http://www.marylandinjurylawyerblog.com/2009/01/a_tale_of_tw...
(This is pretty extreme, but maryland does take bar complaints very seriously)
http://structuredsettlements.typepad.com/structured_settleme...
This is his LinkedIn profile. Another proud Stanford grad. https://www.linkedin.com/in/richartruddiestanford
He went to Florida Atlantic University for his Bachelor's degree. He gets a nice headline in his education as Stanford, but he definitely did not attend for any degree.
Well, for one thing, Prenda Law controlled the entities (or they were completely fictional) that were the plaintiffs in its cases, whereas the "reputation management firms" here are apparently filing cases with their reputation management clients as named plaintiffs which the clients apparently don't know about and don't approve, and object to once they are actually made aware of them. And they use the results to influence third parties besides the defendants, and the defendants aren't generally doing something that they want to hide from attention.
From the appearance of what is going on here, there are lots of reasons to think that this scam could blow up much faster on its perpetrators than Prenda Law measured from the first time someone noticed something funny going on.
That's quite a leap from "don't want to take the fall".
That being said, it looks like a good portion of the Prenda Law charges would probably also apply.
> And the possibility of such shenanigans bears on the Hassell v. Bird litigation that is now before the California Supreme Court: The issue there (see here and here) is whether takedown injunctions can actually be made legally binding on Internet platforms, rather than just being something that platforms choose whether to follow. The questionable nature of many such injunctions is reason to further insist that platforms not be legally bound by them.
That would be a major win, if successful.
I mean, sure it'd prevent fraudulent crap like the stuff that is going on in this article, but if someone had a real issue where they needed something taken down, it would never get taken down, right? So I think there needs to be a more involved solution than that. Otherwise we leave the door open for all sorts of nasty stuff to be posted and just left there for eternity to show up on the first page of search results.
The naming here is potentially misleading and contributes to the confusion. The "takedown injunctions" referred to are not orders by a court to an internet service to take down content (such injunctions can be issued in cases where the internet service is a party, and absolutely are binding.)
Instead, they are injunctions issued in cases where the creator of the content is the defendant (in theory, at least) and are directed at that creator to remove the content; they are then often used by those who initiated the lawsuit to support a request to the internet provider to take the content down.
If an internet service refuses to take down content that really violates some person's rights, a lawsuit against the internet service which generates an order directed against that service to remove the material is always an available means for a mandatory take down, that isn't in dispute.
Exactly. I would argue that any court order that requires action by a party not named in the court case (and who thus has not had an opportunity to defend themselves in court and avail themselves of the many rights afforded to defendants) should always be non-binding and advisory, with the caveat that choosing to ignore it can and likely will be used as evidence in a lawsuit directly against that party.
Thanks to Section 230 of the CDA, it actually isn't an available means for a take down in cases where the content was posted by someone else. The reason this kind of third-party injunction is so important is because it's currently the only way to force uncooperative internet providers to take down defamatory content originally written and posted by someone else, some of which don't let the original author remove it. From what I can tell Eugene Volokh wants these websites to have their cake and eat it: he thinks they should have immunity from being sued to remove user-submitted content on the basis that they may not be treated as authors of it, and also immunity from being forced to take down the content in lawsuits against the original author because they must be treated as authors too.
If they're not legally binding, what incentive do Internet platforms have to follow them? It seems like it adds work and overhead; so what strategic or economic or other goals would following non-legally-binding injunctions further?
Third-party injunctions of the type at issue here (third-party in that the internet platform is not a party to the case) are usually followed by platforms to remove or deindex content because the existence of the third-party injunction provides more basis than a simple request to suspect that a direct lawsuit against the search company would also result in a direct injunction (which would be obligatory, in any case.)
I don't think the former is likely, this seems like news any way I look at it. As for the latter, that's possible, but I'm not sure what makes you think it's likely. Or perhaps you're trying to state something else I'm missing?
as the sibling comment says, Eugene is a law professor specializing in first amendment law. He almost certainly is reporting on it because of that case.
Would it be worth reporting otherwise, yes, but definitely, the former is accurate.
One of two things happened:
1. Either Eugene discovered it himself because he saw that case or
2. Someone notified Eugene of that case.
My guess is his earlier blog posts let folks know he was interested in these issues, and someone emailed him this case, which got him investigating.
(I'm sure if you bug him, he'll tell you, he's a nice guy)
1: http://pubcit.typepad.com/clpblog/2016/08/georgia-dentist-mi...
EDIT: Prof. Volokh just posted in his blog a bit about how the piece came to be. See https://www.washingtonpost.com/opinions/donald-trumps-vile-c...
But the really interesting thing is to watch how people react when something they used to be able to "get away with" is made impossible through technical means. Whether it is speed limiters on CPUs, copy protection on media, or poorly monitored traffic intersections.
What?
Different grades of support contract gave you different classes of machine, but frequently all the hardware was the same, just with bits disabled. If you upgraded your contract, they'd send a tech round who would flip some switches inside and, say, double your clock speed, or enable some more CPUs, etc.
Contempt of court or perjury prosecutions of the originators of some of these fraudulent lawsuits might serve as a deterrent. A little jail time goes a long way.
It's fine if the courts make mistakes sometimes, but if they're too incompetent to correctly use the powers given to them, those powers need to be scaled back to a level commensurate with the courts' abilities.
How about we post a very convincing article on what appears to be a respected local newspaper site claiming that you've been arrested for sexual relations with an animal, conduct some solid SEO on it, and then send you out into the job market?
Perhaps you'd revise your views on this subject. Libel and slander are ancient common law principles for good reason.
How could a normal person inspire such behavior? Having inspired it, what normal person could receive a satisfactory remedy through the courts? (Many people would seek that, but they'd often be disappointed...)
Besides, this scenario only takes one step. Think it through a bit further. If such bizarre attacks become common, they'll lose their power because they'll no longer be believed. That would be a much better world than one in which lawyers must be hired every time an unsatisfactory restaurant review is written.
Some examples:
Lest this nation "founded on law" become, by extension, a nation (further) founded on corruption.
Civil cases deserve and need to remain civil. But blatant and deliberate and self-serving abuse of the system -- here perhaps including perjury and a form of libel -- should, in extremis, cost people their freedom, their licenses, and their membership in civil society.
I'm mindful of the need for room for civil protest and other forms of law breaking. The law does need to be challenged and refined -- constantly.
I'm not sure how to draw the line between e.g. those two (as well as in other distinctions). But, something needs to be done, or our legal system is going to be reduced to simply another arena for power plays, devoid of other integrity.
P.S. I'm mindful that extreme abuses already are criminal. But enough abuse goes unchecked, that either the line needs to move, or enforcement needs to be more active and thorough.
The legal profession needs to better consider that it is not exceptional, it is like any other institution: If you don't keep your own house in order, you will fall.
https://linkedin.com/in/richartruddiestanford
Also some of the previous trouble he's been in:
http://structuredsettlements.typepad.com/structured_settleme...
I say this without judgment as to whether that would be good or bad; just musing about the second-order consequences.