Topsy Turvy

Someone has been hacking Topsy. If you go there and do a search for “derp brain radio,” you’ll get this (click to embiggen):DBRsearchThe first five tweets are attributed to me. However, clicking on the Reply button for the first three shows these:201306161302Z201306161251Z201306161614ZNone of those tweets from 16 June, 2013 are mine. Given that a bunch of @AaronWorthing tweets had been doctored to come up as mine on Topsy (they don’t on Twitter), I got to wondering if any other accounts had been similarly diddled with. And, sure enough …TriggerSafety1TriggerSafety2That’s a tweet from army_vet about a picture of Bill Schmalfeldt brandishing an AR15. The one thing in common among all the bogus tweets is that they relate to Schmalfeldt. I can understand why Team Kimberlin is desperate to pin the ID of Kimberlin Unmasked on someone, so it makes some sense to try to tag me, but I don’t understand the point of trying to equate me with Aaron Walker or army_vet. Both have attended court hearings and have been seen by Schmalfeldt as being a separate person from me.


He Didn’t See It Here

After returning home from church and having lunch, I checked in on my Twitter timeline and found this:@wjjhogeTL201401261800ZCurious, I took a look at @CabinBoyRadio and found this:@cabinboyradio201401261623ZSince I had no idea what Schmalfeldt was talking about, I checked out his blog. It seems that he is trying to pin a bunch of “spam” comments to his blog on me. Of course, none of them are written in anything like the style of my tweets or comments on other blogs. None of them come any IP address associated with me. The IPs appear to be spoofed rather than TOR IPs because at least one is from AT&T Wireless, an unlikely spot for a TOR node.

I also found this rant.P-O21040126There are several places where he may have seen that name before, but he never saw it in a post on this blog. I’m sure of that. I just ran a global search of all posts, this was the search return (Click the image to embiggen it.):ScreenCap201401261804Z
I see three possible sources for the comments that Schmalfedt complains about. The first would be someone opposed to Team Kimberlin who is yanking Schmalfeldt’s chain. If that’s the case, I hope whoever it is stops. The second possibility is that a member of Team Kimberlin or a supporter/eneabler is doing it to stir up trouble. The third is that Schmalfeldt created the comments himself in an attempt to run the “accuse the accuser” play one more time.

Whatever. He didn’t see that name in a Hogewash! blog post.

UPDATE—After my Sunday afternoon nap, I checked my Twitterz again and found more tweets about Schmalfeldt and evidence. So I went over to @CabinBoyRadio again and found that he had posted some tweets allegedly from me. I was puzzled where he found them, because I couldn’t remember sending them. Then he tweeted this link to Very Ordinary Seaman Ferguson: I clicked on it and found the tweets that he was claiming were mine. This one bothered me.forged_tweet 363781895428907009I don’t cc myself on Twitter. What’s the point? So I clicked on the Reply button of the top tweet and got this.forger_tweet355754735903428608That’s not my tweet, is it? Indeed, it is tweet number 355754735903428608 which was sent by @AaronWorthing.@aaronworthing20130712

None of the other tweets are mine either.

This is not the first time that Bill Schmalfeldt has been caught trying to forge evidence. He would be well advised to stop. Very soon. As in now.

UPDATE 2—I notice he also tries to use postings at hogewash dot net as evidence. Oh, please! That site ran copies of the obscene images Schmalfeldt created of me last summer. It’s clearly not a site associated with or controlled by me.

UPDATE 3—If the Gentle Reader would like to see the original tweets on Twitter, click here and scroll down to last July.

UPDATE 4—Here’s what turns up when one does the same Topsy word search on @AaronWorthing:topsy_AW_SchmuckfeldtAs you can see, the “Hitler is not happy …” tweet is Aaron Walker’s which proves absolutely nothing about the identity of Kimberlin Unmasked. It does, however, confirm that what Schmalfeldt has been trying to peddle is bogus.


Illegally Obtained Information?

I received a call this evening from a reader (my number’s in the phone book) about a post that Bill Schmalfeldt put up speculating on the identity of the person or person(s) behind Kimberlin Unmasked. I’m amused to find out that I am now a suspect. Apparently, Schmalfeldt goes on at some length about the IP addresses and locations from which tweets to the @Kimberlinumask Twitter account originated.

The Twitter API doesn’t make that information available. Law enforcement can get the information with a warrant, and it might be subpoenaed in a civil matter. Neither of those seem to be the source of Schmalfeldt’s information. Given that there are ways to hack that information, I suspect his “reliable” source obtained it illegally.

The reek of various bodily fluids is becoming quite strong as the panic sets in at Team Kimberlin.

UPDATE—I see from one of the comments that Schmalfeldt says that Twitter gives IP address information from its connection logs to anyone who asks.


TwitterPolicyUPDATE 2—I’ve heard all sorts of speculation about the identity of Kimberlin Unmasked. I don’t know who he/she/they is/are. I have no need to know, and it is to my advantage not to know. I can’t give up information that I don’t have. I am being willfully ignorant.

UPDATE 3—The Dread Pro-Se Kimberlin has had a subpoena issued against Twitter, but it is not for any IP address information. Twitter required to produce the following information by 27 December, 2013—BK_Twitter_SubpoenaAs you can see, the subpoena demanded the name of the person who registered the Twitter account @Kimberlinunmask. The only name Twitter collects is the user name. And for that account the user name is … wait for it … Kimberlin Unmasked.


Bleg Update

I hadn’t checked in for a while on Bill Schmalfeldt’s bleg where he’s trying raise $25,000 to sue the wingnuts who have stolen his good name. Apparently, not many other folks have stopped by. He’s still stuck at $75.

I’m not sure that Schmalfeldt has checked on his site either. If he had, surely he would have noticed this:Bill'sBleg20140122

A Note About Copyrights

Copyright is the right of the author of the work or the author’s heirs or assignees, not of the one who only owns or possesses the physical work itself. Under the copyright law, the creator of the original expression in a work is its author. The author is also the owner of copyright unless there is a written agreement by which the author assigns the copyright to another person or entity, such as a publisher. If you don’t believe me, you can look it up at the website of the U. S. Copyright Office.

I bring this up because one of the forms of lawfare that Team Kimberlin engages in is false copyright claims. For example, The Dread Pro-Se Kimberlin has filed a lawsuit against Kimberlin Unmasked for copyright infringement. There is some question as to whether or not TDPK actually owns any of the images he is suing over. They are all pictures of him, and, unless he is claiming that all those Op-Critical music videos are selfies, he isn’t the “author” of the images. I suppose he could claim that the videos were “work-for-hire,” but who did the hiring? Did Brett Kimberlin, who has been paying himself $19,500 a year, pay for the production of those videos? Including the one’s that are marked © Justice Through Music? There are ownership problems with his claims.

Even if TDPK owned the copyrights, Kimberlin Unmasked’s “quoting” of the copyrighted works would be allowed under the Fair Use Doctrine as criticism, commentary, or parody.

TDPK isn’t the only copyright troll in Team Kimberlin. Bill Schmalfeldt has a go at trolling from time to time. Last summer, he filed DMCA takedown notices against this blog concerning images of which he was not the author and probably whose copyrights he probably did not own. More recently, he’s been trying to assert parody images of him are harassment. If the legal theory behind that idea held water, editorial cartoonists would be in a world of hurt.

It’s all part of Brett Kimberlin’s brass knuckles reputation management scheme—nuisance claims and vexatious lawsuits done solely as exercises in shutupery. To that end, Kimberlin has filed lawsuits in state and federal court attacking bloggers for writing truthful things about him, and I’m on the receiving end of a couple of those suits. You can help my four codefendants (Aaron Walker, Stacy McCain, Ali Akbar, and Kimberlin Unmasked) and me fight TDPK’s attack our First Amendment rights in the Kimberlin v. Walker, et al. suit. Go to Bomber Sues Bloggers to find out how.

Spinning Out of Control

As a pilot, I can tell you that a spin is something to be avoided. It can be hard to recover from, and loss of control will result in a crash. Team Kimberlin and its fanboys and enablers seem to be spinning out of control in their reaction to the peace order extension issued last Monday against Bill Schmalfeldt.

The order simply requires Schmalfeldt to refrain from contacting, attempting to contact, or harassing me.

Most of the brouhaha is Team Kimberlin’s misrepresentation of Judge Stansfield’s findings with respect to Twitter and what constitutes contact under the terms of Maryland’s harassment statutes and the peace order he issued.

Notice that I wrote statutes. Plural. Maryland has two laws that are applicable. The first is the general harassment statute which deals with any intentional course of conduct that seriously annoys, alarms, or harasses the victim and that continues after the perpetrator has been told to stop. This is the statute that Schmalfeldt was found to have violated. The fact that his course of conduct involved tweets was incidental to that finding. It was his conduct and not the particular means of delivery that was the issue. In the context of Schmalfeldt’s behavior, the judge found that Schmalfeldt’s tweeting @mentions and @replies using @wjjhoge was a part of his method of harassing me. Harassing me. Not contacting me. But he was ordered to stop doing both.

Maryland also has a law aimed specifically at harassment via electronic communications. It allows for an enhanced criminal penalty when harassment is conducted by means of data (text, photos, whatever) sent to and received by a specific person. During the October hearing on Schmalfeldt’s motion to modify the order and during last Monday’s hearing on the extension, the judge found that using an @mention or @reply caused Twitter to deliver the tweet containing it to a particular account, the account of the user mentioned. That means that someone who was uses @mentions or @replies to engage in a course of harassing conduct could be charged under both laws, electronic harassment for a possible enhanced criminal penalty and harassment in general to enable a peace order to be issued. Specifically, Judge Stansfield found that Schmalfeldt’s 470 tweets containing @wjjhoge or @hogewash were contact that I should not have received under the terms of the peace order.

(I note that the three pornographic images entered into evidence were found to be harassment but not contact, and also good cause to extend the peace order. Although they were tweeted, the versions entered into evidence were from websites. Schmalfeldt’s harassment of me has not been limited just to Twitter.)

This doesn’t cause any real change in how the First Amendment relates to harassment. Harassment isn’t protected speech. What it does is to make it clear that Twitter is not a safe harbor for harassers under Maryland law. Twitter users will be held to the same standard in that forum that would they be writing in a newspaper or speaking on a street corner.

Is that so bad?