Bonus Prevarication Du Jour

Bill Schmalfeldt keeps saying that the Maryland Legislature has exempted Twitter from the misuse of electronic communication statute.WMSBroad201311132252ZOnly in the fevered imagination of a screwball like the Cabin Boy could Md Criminal Law § 3-805 be construed as providing a safe harbor for harassment via Twitter. So where does Schmalfeldt get such an idea?

The Maryland Legislature meets for 90 days each year, and it publishes a public report of its activities called The 90 Day Report. In 2012, the email harassment law was tweaked, and that change was discussed in the 2012 issue of The 90 Day Report. The Cabin Boy has seized on one paragraph to try to support his idea of a safe harbor for harassment. Here it is, complete with his colorful highlighting.90DayReport2012Note that this paragraph does not set forth the Legislature’s intent for the law. It gives an opinion of what the Attorney General thought the law might mean and what it “… may not include …” Now, consider what the Attorney General thought: that the law wouldn’t apply to social media messages unless they arrive on the page of the person the poster intended to harass. Thus, a harassing tweet about John Doe that contains his @johndoe account address and winds up on his @johndoe Mentions page on Twitter would be covered by the law under the Attorney General’s preliminary opinion cited in the report.

The best measure of what the Legislature intended is the actual text of the law. It was tweaked again in 2013, and the version effective as of 1 October is shown below. There is no mention, “explicit” or otherwise, of Twitter or any other social media. Read it for yourself.

There is no safe harbor for what Bill Schmalfeldt has been doing.

§ 3-805. Misuse of electronic communication or interactive computer service.

(a) Definitions. —
(1) In this section the following words have the meanings indicated.
(2) “Electronic communication” means the transmission of information, data, or a communication by the use of a computer or any other electronic means that is sent to a person and that is received by the person.
(3) “Interactive computer service” means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including a system that provides access to the Internet and cellular phones.

(b) Prohibited. —
(1) A person may not maliciously engage in a course of conduct, through the use of electronic communication, that alarms or seriously annoys another:
(i) with the intent to harass, alarm, or annoy the other;
(ii) after receiving a reasonable warning or request to stop by or on behalf of the other; and
(iii) without a legal purpose.
(2) A person may not use an interactive computer service to maliciously engage in a course of conduct that inflicts serious emotional distress on a minor or places a minor in reasonable fear of death or serious bodily injury with the intent:
(i) to kill, injure, harass, or cause serious emotional distress to the minor; or
(ii) to place the minor in reasonable fear of death or serious bodily injury.

(c) Construction of section. — It is not a violation of this section for any of the following persons to provide information, facilities, or technical assistance to another who is authorized by federal or State law to intercept or provide electronic communication or to conduct surveillance of electronic communication, if a court order directs the person to provide the information, facilities, or technical assistance:
(1) a provider of electronic communication;
(2) an officer, employee, agent, landlord, or custodian of a provider of electronic communication; or
(3) a person specified in a court order directing the provision of information, facilities, or technical assistance to another who is authorized by federal or State law to intercept or provide electronic communication or to conduct surveillance of electronic communication.

(d) Exception. — Subsection (b)(1) of this section does not apply to a peaceable activity intended to express a political view or provide information to others.

(e) Penalty. — A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $ 500 or both.

24 thoughts on “Bonus Prevarication Du Jour

  1. You have the patience of a saint Mr. Hoge. You have explained it, your lawyer has explained it, and the court has explained it. Ad infinitum. I’m afraid the layer of stupid orbiting the Cabin Boy has rebuffed each and every attempt to explain this to him so as to avoid what is certain coming his way.

    • Indeed, Frankie.

      Schmalfeldt’s disdain for John is so deep and irrational at this point, John could tell CBBS today is Thursday, November 14, 2013, and the deranged freak would refuse to believe him while referring to John in the most vile of terms.

      Now… why Cabin Boy refuses to accept and/or understand what the state of Maryland has to say about harassment and Peace Orders is beyond me. I’d wager it’s a combination of hubris, ignorance, hatred, denial, and fear — which blended into the sociopathic fury we know as Bill Schmalfeldt — simply prevents the raging loon from seeing the forest for the trees.

  2. I know it won’t convince the true believers but a link to the Md code might itself might be warranted to go with the citation. I’d do it myself but I’m on the phone.

    And make sure this isn’t consuming your life. As incredibly entertaining as it can be, don’t become a photo negative of BS himself.

  3. I don’t think things went well for BS today, he’s absolutely flipping out on Twitter. And, most interestingly, he’s stopped using the @wjjhoge tag.

      • So, according to BS, the judge is a country hick who wears bow ties, doesn’t know the law, has the hots for Zoa, and is unethical because he ruled in Hoge’s favor based on her relatives, and to top it off, he is the only judge that BS won’t listen to. Those will be good tweets to have him read at the contempt hearing.

  4. I knew I sensed a disturbance in the force!
    For the sake of argument, let’s just pretend BS is right. It wouldn’t matter anyway because the judge specifically told him contact included Twitter. The remedy for a decision with which you disagree is an appeal. Oh, wait…he lost that, too. When a court denies certiorari, it means the appealed order stands.

    What might be useful in the upcoming hearing is a transcript of the old hearing.

  5. He also seems to think Hoge won’t be getting the PO extended for some reason, his constant violations of it would seem to be good evidence for it to be extended….

      • Reading his timeline the past few days, it seems he is trying to talk himself into believing that he isn’t really in any trouble.

      • He made the lie because he could. His motive is simple enough: he wishes to claim he can ignore the legal process because he was not informed “by the attorney of record.” To do so he is taunting John Hoge and Zoa Barnes by gossiping about them. If Zoa Barnes doesn’t take the bait, he’ll continue to assert ever more scurrilous gossip about the pair all while claiming confirmation of his previous lies. If Zoa Barnes bites by stating John Hoge is still her client, he’ll claim vindication in accusing John Hoge of not using the “attorney of record.” If she bites by noting she isn’t representing John Hoge in the latest matter Schmalfeldt will take that as an opportunity to claim that Zoa Barnes “fired” John Hoge because even she “knows” he is an evil man persecuting an old, sick, disabled man. Even if Zoa Barnes explicitly denies that was the reason for their parting, he’ll assert a conspiracy theory such as claiming she is lying to protect her relationships with future clients. Of course, that in his own mind will grant him the right to harass Zoa Barnes under the guise of “investigating” their lawyer-client relationship. When it is correctly pointed out that their lawyer-client relationship is confidential and none of his business he’ll claim John and Zoa are hiding something.

        As you can see, there is no point in answering his lies. It just allows Bill Schmalfeldt to refine his lies to adjust to the changing circumstances. You can only act to expose him as a liar. Or, those with standing can sue the bastard.

        Bill Schmalfeldt ought to be thanking god he has about ten unique followers and lives in a trailer. Zoa Barnes just might calculate that he isn’t worth squashing. What he is doing is libel per se, and Zoa Barnes does have sufficient interest in her own professional reputation to pursue the matter even in the expectation of not recovering a dime.

        • My lawyers (plural) and I are hiding lots of things, but what is needful will be revealed at the right time.

          The Cabin Boy may make of that what he will.

    • That’s not what I heard. I told you Bill, I have ears EVERYWHERE. Tell everyone what she REALLY said. Hell, print the email. Show us the proof. Actually, don’t bother.

      Just wait for it…

  6. “Renfield!” The evil vampire, with a side gig as a mad bomber, was impatient.

    “Yes, master?” Renfield shuffles in, quickly stuffing the last dog turd in his mouth. He’d harvested them from his bed.

    “My prey is not behaving as I had anticipated. They should be quaking in fear. They should be offering to settle. Instead, they mock me and IMPLY (as opposed to INFER) that you harbor Oedipal feelings. You promised that you and Kookpocalypse could social engineer an easy victory for me!”

    “I’m sorry, master, things are not proceeding as I had foreseen. It appears that Hoge is a Jedi with a light saber, Ali’s mockery gives him a protective force field, McCain has the power of invisibility, and Walker has discovered your kryptonite and doesn’t give a sh*t.” Renfield felt his stomach rumble with hunger at the thought of more poop.

    “WHAT!” screamed the Vampire Bomber. “Escalate your campaign of harassment! @mention Hoge relentlessly! Make fun of his son but do NOT eat him. Yet.” Renfield sighed with disappointment, but cheered up at the sight of some pigeon poo in the window ledge. Hesitantly, he whispered, “Master, there is one more thing ….”

    “What, you bumbling fool?”

    “Kimberlin Unmasked …” The Vampire kicked the 300 pound waif across the room at the utterance of the Forbidden Name. “How dare you say that name, Renfield! It must never be spoken at Schloss Lolita! You know my rules!” He turned his back on his slow-witted MANSERVANT, and minced toward the window.

    Renfield whimpered, hoping his Depends would hold up as he was “making bigs” in fear. “I know, O Most Evil (and short) One! But you must know that Kim… I mean, He Who Must Not Be Named, is now drawing a satirical comic strip of us, and it’s real satire, not the kind of crap I write.” Renfield inwardly cursed his use of another feces-related word; his hunger was now unbearable.

    The Vampire whirled to face him. To be continued….

  7. Today has been a busy day for Schmalfeldt and his “supporters and friends.” CBBS must be geeked that a few of them even bothered to hit his timeline in order to egg him on in his quest to be King of the Peace Order — Harasser of Hoge! (TM).

    Question: Schmalfeldt’s “Supporter-and-Friend” Libtard (@LibtardMedia) has a profile which shows: Following: 2/Followers: 0

    However, if one takes a gander, he follows hundreds-upon-hundreds of Twitter users, and has approximately 100+ followers. Whaddupwitdat?

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