About wjjhoge

An expert on nothing with opinions on everything.

Team Kimberlin Post of the Day


I must confess that I’ve been bogged down in my Real World work life and haven’t paid much attention to The Dread Deadbeat Protector Kimberlin’s protectorelections dot org website of late. While I wasn’t looking, the site posted an article with original content (everything for the past year or so has been ripped off from other websites). The new article is dated 5 February, 2020, and it tries to spin the problems with the Democrats reporting app for the Iowa Caucus as a Russian hack.

Without evidence, the article proposes the following similarities between the Iowa debacle and an alleged Russian attack on an election in Ukraine:

  1. Malware and/or denial of services attack to delay and distort election results;

  2. Interference of election result transmission to central tabulators;

  3. Chaos that undermined vote counting and confidence in election results;

  4. Propaganda effort to blame delay on those who oppose pro-Russian candidate; (sic)

BTW, the authority cited for the alleged attack in Ukraine is empr dot media, an English-language Ukrainian “news” website hosted on the same server as breitbartunmasked dot com and greencasamaryland dot org. In 2017, Kimberlin changed the corporate name of Velvet Revoution US to Protect Our Elections/EMPR Inc.

Of course, Protect Our Elections takes the position that the Russians favor Bernie in the Democratic primaries because they favor Trump in the fall.

In the case of Iowa, Russia wants chaos and wants to use that chaos to divide the Democrats.  Of all the major candidates, Russia wants Bernie Sanders to be the nominee against Trump so the false narrative being spun by Russia and Trump is that Joe Biden and the DNC caused this Iowa meltdown in order to deprive Sanders of his win there.  Clearly, in the case of the Iowa cyber catastrophe, the real beneficiaries are Russia, Trump and Sanders.  Although election officials are feverishly trying to spin the failure on a bad app rather than Russia, Americans need to understand that when Russia benefits from something, it likely has a hand in it.

And that’s supposed to make sense? Let me get this straight—Democratic party officials are trying to hide hacking by the Russians in the Iowa primary in order to help Russia and Trump in November.

Uh, huh.

If Kimberlin expects that kind of crackpot theory to generate more donations to Protect Our Elections, he should probably fix the PayPal link.

CPAC 2020, Day Two


There’s a lot of speechifying at CPAC, and some of it’s worth hearing, but I spend most of my time networking and developing background information for future posts. I spent most of my time today on the floor of the exhibit hall, on broadcast row (where talk radio outlets are set up doing interviews), and in the lobby bar. One recurring theme I heard today was about outreach to minority voters and especially about bring black voters back into the Republican party.

I live in a far suburb of DC which is in range of WCSP-FM, C-SPAN’s local FM station, so during the drive home this evening I was able to listen to President Trump’s speech at a rally in South Carolina. His opening seemed almost like a standup comedy routine; he was clearly having a good time with a friendly audience. Toward the end of the speech, he made a pitch targeted explicitly at black voters which he ended by reminding everyone that the Republicans are the party of Lincoln. The crowd, a South Carolina crowd, erupted in cheers and applause.

The Republican Party has changed since I was growing up in the ’50s.

And so has South Carolina.

Team Kimberlin Post of the Day


An important reason for the failure of all of the legal actions filled by Team Kimberlin during their campaign of lawfare was their gross misunderstanding of the law—as this Prevarication Du Jour from four years ago today reveals.

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The Cabin Boy™ has tweeted this—Cheddar201602281636ZThe Gentle Reader who has been following Schmalfeldt’s career of cyberfoolishness will not be surprised to find that the Cabin Boy™ is wrong. Here’s the EFF’s take on the Communications Decency Act—

Section 230 says that “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider” (47 U.S.C. § 230). In other words, online intermediaries that host or republish speech are protected against a range of laws that might otherwise be used to hold them legally responsible for what others say and do. The protected intermediaries include not only regular Internet Service Providers (ISPs), but also a range of “interactive computer service providers,” including basically any online service that publishes third-party content.

CDA 230: The Most Important Law Protecting Internet Speech

Here’s what the General Counsel of Automattic, the company that owns WordPress.Com has to say about the value of 47 U.S.C. § 230’s protection afforded to publishers of third-party speech on the Internet—

I think to the extent that it protects speech, you can’t get much more expansive. I think the concept of no third-party liability is good.

You can find that and more concerning WordPress and the Communications Decency act here.

Here’s what the Seventh Circuit Court of Appeals thinks—

What §230(c)(1) says is that an online information system must not “be treated as the publisher or speaker of any information provided by” someone else.

Chicago Lawyers’ Committee for Civil Rights Under Law v. Craigslist, 519 F.3d 666, 671 (7th Cir. 2008).

No, the EFF and WordPress.com agree with me. So do lots of federal courts, including the Seventh Circuit Court of Appeals (Wisconsin is in the Seventh Circuit). Of course, the Cabin Boy’s™ misunderstanding of the Communications Decency Act has been pointed out to him before, but he continues to insist that his interpretation overrides the case law. It’s that sort of pigheadedness that will make his loss in LOLsuit VI: The Undiscovered Krendler so expensive.

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BTW, I originally considered titling that post as a Legal LULZ Du Jour, but on second thought it seemed that after so many losses that even Schmalfeldt would understand the protection § 230 offers and that he was now simply lying.