LMAO


The Cabin Boy™ has doubled down on stupid with a series of tweets showing that I follow a Twitter account for something called Black Butt Magazine.

Really?

How lame!

I don’t remember every account I followed during the last few months of 2016, but from the look of the other followers on the account, it appears to have originally been an account that several with several libertarian and conservative followers that was created September, 2016, and that did not tweet very much. All the early tweets have been deleted, and a few rather tasteless tweets (all from 1 December, 2016) are all that are in the account now. I don’t know what the original handle was, but it’s been changed to (at)Buttebony.

As the post title says—Laughing My Ass Off!

UPDATE—I would appear from the Cabin Boy’s™ Twitterz that he has decided to triple down.

Team Kimberlin Post of the Day


The Cabin Boy™ has had a rough time of it for the last few days. @DeepBrainRadio, @DeepBrainMedia, and @WaroftheWeasels all bit the dust rather quickly, suspended by Twitter.

I, too, had three accounts suspended in rapid succession earlier this year when I was falsely accused of engaging in targeted abuse. My @wjjhoge account was restored, and Twitter apologized for the suspensions after the Montgomery County State’s Attorney threw out the bogus criminal charge brought by the same persons responsible for the suspension.

gas_stove_burner_s1I doubt that the Cabin Boy™ will ever see any of those suspended accounts restored. I also suspect that he’ll soon be back on Twitter engaging in the same sort of cyberthuggery and that he’ll be suspended again. And again as the cycle repeats. For a while yet. Be patient.

In other matters … it looks as if the next few days will be a very busy time.

Stay tuned.

About That Twitter Glitch


A glitch caused my @wjjhoge Twitter account to be briefly suspended this evening. It’s back up, and I owe a hearty “Thank you” to the folks with Twitter Support who fixed the problem in less than two hours.

I was tipped of to the problem by these attempted comments from Team Kimberlin—Butthurt20150709The link in the bottom comment is to this image:frabz-twitter-suspended-my-account-for-no-fucking-reason-1ba6f6The first of these comments came in only two minutes after the account went down. This suggests that it might be worth investing in a company that makes F5 keys.

As I Was Saying Before I Was Interrupted …


I received this email from Twitter today.Twitter201507061813ZPreparationH96ctThe Gentle Reader may remember how The Dread Pro-Se Kimberlin and his buddies made much of the suspension of that account. It now appears that Twitter has come to the same conclusion as the Circuit Court for Montgomery County and the Montgomery County State’s Attorney’s Office concerning the truth of Kimberlin’s claims of harassment.

I’m sure this will come as a disappointment to TDPK and his fans. I can offer this deal from Amazon to help soothe their pain.

On the Twitterz


Just before midnight, I received this comment.TK201505290343Z

It came in just a few minutes after I reported these tweets to Twitter as abusive.Grouchcast604014306334765056Grouchcast604056811185000449GrouchyOldLib603710859186044930After I got that comment, I took a look at the Cabin Boy’s™ timelines, and those tweets were gone.

Hmmmmmm.

UPDATE—The tweets do not show up when I am logged into Twitter under my account, but they are visible to other accounts.TwitterTrick

Interesting …

@wjjhoge, R. I. P. (The Twitter Account, Not Me)


Team Kimberlin finally managed to kill off the original Twitter account associated with this blog. Their first attempt, just after The Dread Pro-Se Kimberlin, filed his Kimberlin v. Walker, et al. nuisance LOLsuit, was an attempt to get the account banned for aggressive following as a result of having over 100,000 fake accounts follow @wjjhoge. It appears that they did it this time by lying.@wjjhoge_suspendedMy irony meter caught fire and melted when that email came in.

It certainly won’t do my old account any good to complain, but it may help future victims of such cyberstalking if you make known your opinions of how Twitter enables such abuse. Probably the most effective way to communicate would be by snail mail to

Ms. Vijaya Gadde, General Counsel
Twitter
1355 Market Street
Suite 900
San Francisco, CA  94103

If you do contact Twitter, please be polite.

@wjjhoge is in the Gulag


… and Brett is soooooo very pleased with himself.#0_201504280132ZAlthough is may seem backwards, @wjjhoge is the business account associated with this blog, and @hogewash is a account occasionally used for personal stuff. (If you must know, @hogewash was originally @w3jjh, a handle derived from my amateur radio callsign. Where was I? Oh, yeah …) I’ll be using the @hogewash account with this blog until Twitter gets things fixed. Tune in over there.

Yep, They’re Panicking at Team Kimberlin


Team Kimberlin is afraid of the truth. All their lawfare and harassment is an attempt at shutuppery, and they are clearly upset by the Streisand Effect blowback they have received as a result of their attacks on bloggers.

They’ve tried various legal and extralegal was to gag Hogewash! and the @wjjhoge Twitter account. Intimidation didn’t work. The Kimberlin v. Walker, et al. lawsuit failed, and the Kimberlin v. The Universe, et al. RICO Madness is failing. The attempted takedown of @wjjhoge by simulating aggressive following didn’t work. Nothing has.

Their most recent try was the “identity theft” scam they pulled earlier this month. It failed, but they’re still trying to use it as an excuse for harassment.numbernone201502261259ZThus far, Kimberlin hasn’t been stupid enough to go after Mrs. Hoge. However, he did take a rather lame poke at my son William with this parody of Army Vet’s Malicious Manatee graphic.numbernone201502261314ZWill’s reaction was, “Meh.”

This was also tweeted.numbernone2015022616153ZobsceneNow, it’s possible that tweet is merely something that is supposed to be funny given the perverted worldview of Team Kimberlin. OTOH, it might make reference to a picture that the Cabin Boy™ posted with my face photoshopped into it. (A blurred thumbnail is at left.) If it does refer to that picture and the tweet is supposed to be a threat, … well, let’s just say that I don’t threaten very easily.

If they have to stoop to this sort of nonsense, they’re panicking. And they should.

Tick, tock.

UPDATE—Hit a nerve, have we? As I’m typing, this post has been up about 20 minutes, and Hogewash! has already received four attempted comments from Team Kimberlin. I’ll take that as an admission that the thesis behind the post is correct.

Team Kimberlin Post of the Day


Team Kimberlin’s abysmal record of predicting the outcomes of their lawfare is a wonderful source of pointing and laughter. Here are some more nonsense tweets from 2013.TK2013tweets_b The Cabin Boy’s™ 16 October tweet came the day that his motion for a modification of the first peace order (one that would have let him ignore it if he said that he was doing “journalism”) was denied. The tweet contains two errors. First, the state’s highest court is called the Court of Appeals. Second, instead of throwing out the peace order “TOMORROW or Friday,” the CoA threw out the Cabin Boy’s™ appeal the next week.

Very Ordinary Seaman Ferguson reacted to the news of the CoA denying Schmalfeldt’s appeal by opining that I was in bigger trouble because of the Kimberlin lawsuits. While they’ve been a pain in the neck (or a couple of feet lower), they really haven’t caused me any trouble. The Dread Pro-Se Kimberlin gutted his own case through incompetence in the state lawsuit, and he isn’t performing any better in the RICO Madness.

The third tweet is typical of one of the Cabin Boy’s rants trying to justify harassment as activity protected by the First Amendment. No court has bought his line yet.

FrenchTaunt

Team Kimberlin Post of the Day


Yesterday’s TKPOD presented some golden oldie tweets from members of Team Kimberlin in which they made fools of themselves forecasting the results of their lawfare. Here are some more 2013 howlers from the Team.TK2013tweets_aThe first is Bill Schmalfeldt’s announcement that he would put up an obscene picture with my face photoshopped into it in retaliation for the photographer who owns the copyright to the headshot I use on the Hogewash! About page filing a DMCA takedown notice against the Cabin Boy’s™ infringing use of the image. That tweet was massively useful in convincing the powers-that-be that the Cabin Boy™ was likely to continue harassing me and that the first peace order should be extended.

The second is an exchange between Bunny Boy and Stacy McCain. Osborne was trying to float the idea that Stacy hit on Tetyana Kimberlin when a group of us had lunch together following one of the hearings about the dueling protective orders between her and her husband. He was also trying to keep the rumor that Mrs. Kimberlin is mentally ill alive. Both allegations are pure BS.

The third is the Cabin Boy’s™ wishful thinking concerning the outcome of the Kimberlin v. Walker, et al. nuisance lawsuit and/or the Kimberlin v. The Universe, et al. RICO Madness. So far, The Dread Pro-Se Kimberlin is the only one who has lost anything, although he has not yet paid the sanction owed because of his attempt to diddle with discovery in the Walker, et al. suit. I still have my house, and Brett Kimberlin still lives in his mother’s basement. And I am not the one whose wife has left him.

Foolishness. Crassness. Ugliness. That’s Team Kimberlin. Oh, yeah, and stupidity.

Prevarication Du Jour


@weltschmerz2015|201412301703ZNote that the Cabin Boy’s™ picked an audit date of “about a year ago,” that is, just after Stacy, Aaron Walker, Ali Akbar, Kimberlin Unmasked, and I were each hit with around 100,000 fake followers on Twitter. It took me several weeks to flush as many as I could out of my account. Stacy has never bother to do so.

An interesting thing about picking up all those bogus followers is that it happened simultaneously to the five defendants in the Kimberlin v. Walker, et al. nuisance lawsuit just after the suit was filed.

One more thing … if, as the Cabin Boy’s™ audit figures show, 7% of the followers of @wjjhoge are bogus, that would mean that my relatively insignificant fake following is the same size the Cabin Boy’s entire following.

Science Confirms: Trolls Are Jerks


At least, that’s what Slate is reporting. Here are the money quotes:

The research, conducted by Erin Buckels of the University of Manitoba and two colleagues, sought to directly investigate whether people who engage in trolling are characterized by personality traits that fall in the so-called Dark Tetrad: Machiavellianism (willingness to manipulate and deceive others), narcissism (egotism and self-obsession), psychopathy (the lack of remorse and empathy), and sadism (pleasure in the suffering of others).

And …

But study author Buckels actually isn’t sure that fix is a realistic one. “Because the behaviors are intrinsically motivating for sadists, comment moderators will likely have a difficult time curbing trolling with punishments (e.g., banning users),” she said by email. “Ultimately, the allure of trolling may be too strong for sadists, who presumably have limited opportunities to express their sadistic interests in a socially-desirable manner.”

Well, that certainly agrees with my experience on the Interwebz.

Read the whole thing.

Prevarication Du Jour


Xenophon the Troll is channeling the Amazingly Inaccurate Criswell again over at Breitbart Unmasked (No, I won’t link to it.) This time the nonsense has to do to with First Mate Neal Rauhauser’s attempt to gen up some sort of connection between the Kimberlin Unmasked identity and a real person.BU20140127That’s an ambitious undertaking—foolhardy, because there’s nothing to find—but it’s ambitious. You see, Team Kimberlin has already run afoul of the GIGO principle: garbage in, garbage out.

OK, what do I mean by garbage in? Consider these bits of data:forgedTwitterIPThe account_id is the correct one for @Kimberlinunmask. However, the login time is on 24 December, 2013. The @Kimberlinumask account was suspended on that day, and it’s not possible to login to a gulaged account.

While it’s not quite as obviously stupid a submitting two versions of the same document to the same court in the same case or as mind-bogglingly crude as failing to remove a PACER legend and using the wrong typeface to create a do-it-yourself court summons, it is … well … it’s kinda amateurish.

#Garbage_Out

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?

Prevarication Du Jour


Here’s a doozie …DERPSEC201312101221Z

When asked to cite a case where the Supremes had so ruled, the response was …

[crickets].

The reason is quite simple. There is no such ruling; the question hasn’t been considered by the Supreme Court. Meanwhile, the applicable case law says the opposite, including Hoge v. Schmalfeldt (Md. Cir.Ct. Carr.Co. 2013) Case No. 06-C-063359 (cert. denied). Schmalfeldt raised the “@mention isn’t contact” argument in paragraph 2 of his Supplement to Petition for a Writ of Certiorari during his appeal in that case. The Court of Appeals didn’t buy it, finding “there is no showing that review by certiorari is desirable or in the public interest.”

A large part of the hopeful confusion among the pro-harassment crowd relied on their focusing on the fact that Internet harassment is specifically covered by a Maryland statute, but the missed the fact that it violates another Maryland law as well, one that can be a trigger for a peace order. That law, the statute dealing with harassment generally, is the one which the Circuit Court found Schmalfeldt transgressed.

There is no safe harbor in Maryland law for harassment via the Internet.

UPDATE—After referring to those questioning his legal scholarship as “lickspittles,” @LibtardMedia has taken his account private. Now, who would call his opponents “lickspittles”?

The Elements


In order to establish that a law has been violated, one must show that all of the elements of the crime have been committed. What are the elements of the Maryland crime of misuse of electronic communication or interactive computer service?

One of the acts prohibited by Maryland Criminal Law § 3-805 is (1) the use of any means of data transmission (2) via a computer or other electronic means (3) to send that data to a person (4) who receives that data (5) for the purpose of engaging in course of conduct (6) that alarms or seriously annoys another (7) with the intention to harass, alarm, or annoy the other person (8) after being told to stop and (9) without a legal purpose.

1. Does Twitter transmit data? Yes.

2. Does the transmission go via a computer or other electronic means? Yes.

3. Is the data sent to a particular person? If @useraccount is used, Yes.

4. Does the user receive the data? Yes. It arrives in his Interactions and/or Mentions pages.

5. Does a course of conduct exist? If no more than an isolated tweet is involved, probably no. If a sustained flow of tweets is involved, yes.

6. Does the data contain anything alarming or seriously annoying? If it’s petty name calling, probably no. If it’s threats to file criminal charges, probably yes.

7. Does the course of conduct demonstrate an intention to harass, alarm, or annoy? If it contains threats to file criminal charges, probably yes.

8. Was the data sent after being told to stop? A warning from the bench by a District Court judge is notice to stop. A peace order is notice to stop.

9. Was the data sent without a legal purpose? Communication or harassment in violation of a peace order is illegal.

The examination of the elements of this crime with respect to the behavior of certain persons using Twitter is left to the Gentle Reader as an exercise.

Speaking of “The Elements” …

A Pattern Emerges


1. Bill Schmalfeldt pontificates on some “fact” or matter of law.

2. Someone (Aaron Walker, Stacy McCain, Ali Akbar, Kimberlin Unmasked, one of my other “lickspittles,” or me) documents what really happened or what the law really says.

3. Bill Schmalfeldt snarkily responds without contradicting the other person’s correction of the Cabin Boy’s errors.

4. Lather. Rinse. Repeat.

Go Ahead, Make My Day


Brietbart Unmasked, who was put on notice to stop contacting me on 15 February, and who continues to do so in violation of Md. Criminal Laws §3-803 and §3-805, sent me the following tweet this evening:BU201309232320Z

Fine. Charge me. I will have a Sixth Amendment right to confront my accuser. That means that if @BreitbartUnmask won’t reveal his identity, the charges get dropped, and if he does reveal his identity, he can rest assured that I will file harassment charges for his continued contact with me.

Perhaps he shouldn’t be getting his legal advice from Acme.

Sir Robin Was Unavailable for Comment


Cabin Boy Bill Schmalfeldt has been commenting on Brett Kimberlin’s request for a hearing on his motion to compel Google to identify the anonymous blogger Kimberlin Unmasked. (Note: No such hearing has been scheduled yet.)TS201309191141Z

Not only was Brave Sir Robin unavailable, but neither were Bill Matthews, Bill Big Rig, The Liberal Grouch, Elmer Puddingbottom, Occupy Rebellion, Scamahan, Xcitizen10, The Watchful Avenger, Texas Tim, Nemesis, Xenophon, or Brietbart Unmasked.