Internet Crime and Prior Restraint
Christine O'Grady Gregoire, Mark Allen Emmert, and Phyllis M Wise
Case studies address repugnant moral and ethical behavior encountered in
US universities also Washington Judiciary and Executive Branch
during many years as a corporate CEO and professor.
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Machiavellian principles have applied at University of Washington also within
This series of articles especially relates to malfeasance by Christine O Gregoire, Governor, State of Washington (WA) and Mark A Emmert, President, University of Washington (UW). It exposes officials in the executive and judicial branches of government, especially judges who have committed gross judicial misconduct by ex parte contact and opined on issues not in evidence for political expedience. It discusses public officials who hold no post-graduate academic degrees or other qualifications that a reasonable person would expect for employment in high government office. Particularly, it names officials who have included falsified academic credentials in election campaign material, submitted falsified applications for taxpayer-funded employment, and obtained academic promotion through Easy Rider degrees and political machination - now a criminal offense in State of Washington. A person who falsely claims to possess a credential issued by an institution of higher education to gain a position in government commits a gross misdemeanor. In State of Washington, a gross misdemeanor carries with it maximum punishment of one year imprisonment and/or $5,000 fine. That does not take into account punishment for malfeasance. The term "malfeasance" means misconduct or wrongdoing, especially by a public official. It refers, with associated expressions "misfeasance" and "nonfeasance", to neglect in discharging public obligations under common law or statutes. "Impunity" means exemption from penalty and freedom from punishment for malfeasance and other crimes. [Impunity] Academic harassment defines as behavior by university administrators, the executive branch of government, and the judiciary which: unreasonably interferes with faculty member, public intellectual, or student academic performance and freedom of expression both on or off campus; distributes verbal, written or electronic communication with the intent to annoy; interferes with the operation of computer systems; causes unlawful arrest; creates an intimidating, hostile or offensive environment; directs ad hominem remarks with intent to demean, belittle, or cause personal humiliation or embarrassment; threatens, intimidates, or coerces for unlawful purposes. Abstracts and Roll of Dishonor menus link to articles about named individuals. Whores of Academe and Elder Abuse menus (also textual links) connect to articles by topic. [Roll of Dishonor Case Studies] |
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It defies understanding that a state governor and successive presidents of a major US university have repeatedly conspired in computer and Internet crime to prevent exposure of forgery, to destroy research databases, and vandalize web sites containing intellectual property protected by federal law. By that, they have harassed an international journalist and retired professor for more than a decade.
Christine O Gregoire, Governor (formerly attorney general), State of Washington and Mark A Emmert, President (and his predecessor Richard L McCormick), University of Washington, have allegedly committed major crimes with impunity granted by Washington state judiciary. Instead of responding to words with more words (an established US Supreme Court admonition) they knowingly permitted University of Washington technicians to destroy media to prevent exposure of myriad criminal activity by government and university employees.
They used political power and taxpayer money to suppress publication of federally protected information by vandalizing computer systems and destroying intellectual property. In State of Washington, computer and Internet vandalism define as criminal mischief. An offense that causes damage in excess of $1,500.00 classifies as malicious mischief in the first degree, a class B felony punishable by confinement in a state correctional institution for a term of ten years, or by a fine in an amount fixed by the court of twenty thousand dollars, or by both such confinement and fine.
University of Washington has committed myriad crimes during a twelve-year period which have culminated in massive destruction of computer systems and databases. Internet offenses also violate federal and EU law. In US, they define as unlawful prior restraint when used to change or destroy content protected by First Amendment to the US Constitution.
For example, University of Washington (UW), Information Technology again used a third-party proxy server in Washington DC (17 Jun 08) for massive web flooding in another attempt to crash Contra Cabal web sites. Concurrently, they used multiple denial-of-service attacks which caused extraordinary actual and collateral damage to computers, databases, and applications in both US and EU to prevent this and other articles appearing on the Internet.
Christine O Gregoire, Governor and Rob McKenna, Attorney General, State of Washington; also, President Mark A Emmert, President and Phyllis M Wise, Provost and Executive Vice President, University of Washington; received facsimile prepublication copies of this and other articles together with damage reports which supported unlawful prior restraint allegations during the first six months of 2008. They responded by allowing more web site flooding and denial-of-process attacks which caused even more systems damage.
The reports requested mitigation of publication impediments caused by vandalism and Internet denial-of-service attacks by University of Washington, Information Technology employees which they had condoned. They first received complaints (29 Jan 08). Instead of taking action to stop the abuse, they have exacerbated the problem by using willful blindness. In law, the term "willful blindness" describes contrived ignorance. Both McCormick and Emmert employed former assistant attorney general Carol S Niccolls as a personal assistant to control the blindfold - a dubitable or illegal appointment sanctioned by Gregoire.
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Blindness |
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In law, the term "willful blindness" means contrived ignorance. Officials seek to evade civil or criminal liability by feigning ignorance of facts that involve personal liability. |
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Incompetence |
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In Washington state, government and university executives use willful blindness and political silence to evade personal civil or criminal liability by feigning ignorance of facts. They do not answer registered correspondence sent by US mail and in several instances administrators returned it unopened based upon the identity of the sender. Emmert’s office censors incoming faxes based upon sender identity. Receipts show the time and date of that censorship. This filtering process allows Emmert to practice willful blindness with impunity.
By that filtering process, public records that pass across Niccolls’s desk and incoming mail and faxes arguably carry attorney/client privilege. Emmert and Niccolls have the same mailbox and fax numbers: Box 351230 and Fax 206 616 1784 which has allowed Niccolls to censor, filter, redirect, and control content of privileged information for more than a decade. Moreover, she has arbitrarily closed campus email accounts while conspiring in the destruction of research databases then denied due process of law. This provides only a single example of her multiple duplicity; however, no executive or lawyer immunity exists for malicious criminal activity so Gregoire, McKenna, Emmert, Wise, and Niccolls remain personally liable.
Governors of most US states hold qualified immunity dependent upon the scope of discretion and responsibilities of the office. Political expedience coupled with bias defines as malfeasance and provides probable cause for lawsuits against governors, executives, and lawyers who do not enforce constitutional guarantees. Willful blindness involves them in criminal activity if they do not mitigate, investigate, and prosecute crimes. US Supreme Court has determined that executive immunity bears the burden of justification based upon the nature of the act performed, not the identity of the actor who performed it.
Kafkaesque Reprise
Washington Supreme Court considered the specter of preventing journalists from publishing information and writing satirical exposé by jailing them. In a case that captured the interest of national media and broached a worldwide outrage among journalists and journalism unions, the court found for the journalist.
By a unanimous decision of nine judges, the supreme court concluded that the trial court abused its discretion in restraining the author from contacting nonparties and by adding content restrictions to an antiharassment order. It also concluded that the trial court erred in multiple findings of contempt of court.
It reversed draconian trial and appellate decisions which resulted in the author spending time in jail for an indeterminate sentence. All the contempt motions based upon alleged violations of an original flawed and unconstitutional anti-harassment order designed to end web publication of Contra Cabal, an electronic magazine containing exposé and satire.
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The trial court denied the author his right to counsel and jailed him for 111 days (including 25 days in communicado solitary confinement with torture). Contra Cabal, one of the first magazines to appear on the web, has published since 1992. The hits/month now range between 100,000 and 150,000 with more than 1.5 million hits by about 60,000 unique visitors a year.
Washington Supreme Court (30 Mar 06) found that trial court had absolutely no justification for refusing a continuance and neglecting to provide legal counsel. By failing to address that neglect, Washington Court of Appeals concurred with the draconian trial court order which effectively sanctioned a prior restraint, constructive eviction from a residence, and jail time without considering constitutional rights.
The anti-harassment evidence relied upon by trial court never endured a discovery process and the trial judge denied any cross-examination. This allowed Council House to author morally repugnant accusations against the author (without an opportunity for him to refute them) in a consort with University of Washington and City of Seattle administrators. Council House administrator (Stephen A Mitchell) has since used thugs to issue death threats and physically assault the journalist.
Gregoire has not instituted procedures for reparation for unlawful jailing; eviction; property removal; computer damage; and destruction of academic research databases; instead, in a consort with other public officials she denied due process of law; the right to earn a living; and continued to participate in ongoing harassment and Internet denial-of-service attacks for twelve years - all violations of US Constitution and United Nations Commission on Human Rights.
The case concerned a veteran British journalist and retired professor jailed in Seattle, Washington without due process of law for publishing exposé on an EU web site. Seattle trial and appellate judges provoked a worldwide outrage. They raised significant questions about rights to free speech and misuse of antiharassment orders for prior restraint and censorship. Five amici curiae supported the successful supreme court lawsuit:
American Civil Liberties Union, Seattle.
American Society of Authors and Editors, New York.
International Federation of Journalists, Brussels.
National Union of Journalists, London.
Seattle Weekly, Seattle.
Despite that finding, University of Washington technicians continue their illegal harassment by vandalizing Internet web sites and computers every three days. They attempt to prevent publication of constitutionally protected information which exposes malfeasance by government and university officials. They have blatantly ignored the supreme court decision and continue to harass the author with computer sabotage and malicious mischief. They flooded web sites on a regular basis in attempts to close them down and repeatedly launched denial-of-service attacks that cost thousands of dollars to repair.
Council House (Bullivant Houser Bailey) flooded EU web sites and closed them down for a month causing loss of revenue and damage in excess of $50,000.00. King County (Judge James A Doerty) had two EU based web sites unlawfully taken down after jailing the publisher with inestimable collateral damage. Three government-funded institutions continue to harass the writer despite the supreme court ruling that First Amendment protections apply to his published material.
University of Washington irreparably damaged subscriber mailing systems, opt-in/opt-out applications, and Internet connections making them inoperable. They have damaged networks, applications, equipment and databases. Damage now amounts to an estimated $1 million plus inestimable collateral damage. In addition, they have caused losses of at least $5 million in income by employment blackballing.
Neither Mark A Emmert, President nor Phyllis M Wise, Provost and Executive Vice President, University of Washington have answered complaints about myriad Internet denial-of-service attacks. Instead, they have used willful blindness to evade civil or criminal liability. They have feigned ignorance of facts to evade their personal responsibility to investigate and insure prosecution of vandals.
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Definitions for the purpose of RCW 9A.48.070 through 9A.48.090. (1) "Physical damage", in addition to its ordinary meaning, shall include the total or partial alteration, damage, obliteration, or erasure of records, information, data, computer programs, or their computer representations, which are recorded for use in computers or the impairment, interruption, or interference with the use of such records, information, data, or computer programs, or the impairment, interruption, or interference with the use of any computer or services provided by computers. "Physical damage" also includes any diminution in the value of any property as the consequence of an act; (2) If more than one item of property is physically damaged as a result of a common scheme or plan by a person and the physical damage to the property would, when considered separately, constitute mischief in the third degree because of value, then the value of the damages may be aggregated in one count. If the sum of the value of all the physical damages exceeds two hundred fifty dollars, the defendant may be charged with and convicted of malicious mischief in the second degree. [RCW 9A.48.100] |
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Gregoire and Emmert received specific warnings about federal offenses and denial-of-service attacks (29 Jan 08). Instead of investigating the charges they increased coercion and harassment to reinforce their previous attempts to prevent publication of content that exposes their alleged criminal activity.
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Prior Restraint and Internet Crimes Governor Christine Gregoire and UW President Mark Emmert permitted a series of Internet crimes in violation of a Washington Supreme Court decision that protects Contra Cabal from prior restraint. Instead of responding to words with more words, they permitted UW technicians to harass the publisher. They destroyed media with intent to prevent exposure of myriad criminal activity by government and university employees. University of Washington, Information Technology used a proxy server in Washington DC for massive web site flooding in another attempt to crash Contra Cabal sites (17 Jun 08). State employees used multiple denial-of-service attacks which caused $500,000 actual plus inestimable collateral damage to computers, databases, applications, and networks in both US and EU. They then prevented this article and others from appearing on the Internet for 21 months. Additional diagnostics and system repairs cost more than $10,000.00 plus cost of collateral damage to associated web sites, subscriber databases, and mailing applications. |
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Using another tack, they tried to bankrupt the author by using illegal SLAPP tactics. The cost of the damage rises daily as UW technicians continue (at this writing) to use “bots” (destructive robots) to prevent publication of subscriber newsletters and media releases. They also prevent update and maintenance of web sites by sabotaging systems operation.
Instead of responding to words with more words, Gregoire and Emmert try to destroy the medium to prevent exposure of their crimes. Unable to use rational discourse, they use their power and taxpayer money to suppress publication by vandalizing computer systems and destroying intellectual property. They effectively claim that they may take the law into their own hands.
Despite Washington Supreme Court findings, City of Seattle, Council House using attorneys (Bullivant Houser Bailey), King County, and University of Washington continue to harass the writer by filing (or supporting) false and misleading statements with police, government agencies, and public prosecutors. During the two years since the supreme court decision, they have all launched Internet denial-of-service attacks.
These taxpayer-funded institutions have vandalized web sites and email newsletter distribution to effect prior restraint and censorship proscribed by Washington Supreme Court and First Amendment to the US Constitution. Instead of ordering a halt to violation of state and federal laws, Emmert condones criminal behavior. To keep the criminals quiet, he increases their already obscene taxpayer-funded salaries despite their lack of mandated qualifications and false academic credentials.
All salaries shown per annum after annualizing. See Portable Document File (PDF) for citations.
Whores of the Realm US Supreme Court has determined that executive immunity bears the burden of justification based upon the nature of the act performed, not the identity of the actor who performed it. Political expedience coupled with bias defines as malfeasance and provides probable cause for lawsuits against governors who do not enforce constitutional guarantees. If Gregoire does not comply with law, then her malfeasance makes her liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. Washington state legislature must decide whether Gregoire can answer four questions affirmatively given the extensive, documented malfeasance extant in Washington State executive branch and at University of Washington. In deciding probable cause for impeachment, a reasonable person must ask four questions that relate to any challenged act, omission, or decision: 1. Did the challenge involve a basic governmental policy, program, or objective? If clear and unequivocal answers in the affirmative result, then the challenged act, omission, or decision can, with reasonable confidence, classify as a discretionary governmental process regardless of its lack of wisdom. If one or more of the questions call for, or suggest a negative answer, then an official inquiry must take place into the facts and circumstances. Reasonable grounds, coupled with good-faith, afford a discretionary basis for exemption from lawsuits for official acts performed by governors who hold qualified immunity dependent upon the scope of discretion and responsibilities of their office. However, executive disciplinary action predicates upon whether a governor under any statute, ordinance, regulation, custom, or usage, exposed a citizen of the United States (or other person within that jurisdiction) to deprivation of any rights, privileges, or immunities secured by constitutional law. University of Washington administrators continue their autocratic form of government. That institution has the open support of the governor and attorney general in its criminal and exclusionary activities. Gregoire continues to deny due process of law using delay then denial of justice tactics as she has done for several decades.
Computer vandalism and Internet denial-of-service attacks continue. The Cabal has effectively granted criminals impunity and FBI, despite repeated requests, has apparently done nothing to stop the commission of international crime. As governor of a state that claims democracy, Gregoire must: allow voters to decide issues based upon information obtained from the Internet; give them access to information relative to both sides of any particular issue; carry out her duty and responsibility to protect freedom of expression; stop condoning or granting impunity to government-funded censors and technologists; and stop interference with, and destruction of, the careers of controversial journalists and academicians by government officials. Gregoire must immediately issue orders publicly to University of Washington to cease and desist use of taxpayer resources to fund unlawful denial-of-service attacks that harass and censor journalists to support political expedience. Otherwise, she has an international cyberwar to address. She has covered up serious crime at University of Washington for at least twelve years. Now she must come clean and take action to insure that due process of law takes place.
Phyllis M Wise, Provost and Executive Vice President, University of Washington (UW) received twenty-six messages (2008) which asked her to order her staff to stop Internet denial-of-service attacks and other alleged criminal activity. Instead, of responding to the issues, she covered them up using willful blindness. Meanwhile, the vandalism continues. In law, the term "willful blindness" describes contrived ignorance. Officials seek to evade civil or criminal liability by feigning ignorance of facts that involve personal liability. [Incompetence and Willful Blindness] Former Governor Gary Locke made the following recommendation upon hearing about the UW malfeasance; however, Gregoire (both as attorney general and governor) with Richard L McCormick and Mark A Emmert (successive UW Presidents) has ignored Governor Locke's suggestions for mediation and mitigation: The Superior Court could call a grand jury if so requested by a public attorney on a showing of good cause. Also, the Organized Crime Advisory Board may petition the Supreme Court for an order appointing a special inquiry judge. If a special inquiry judge is appointed, the organized crime advisory board shall, with the consent of the Governor, name a special prosecutor.
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In a separate article, the author defines prior restraint and identifies current events sanctioned by Big Mamas and implemented by their mischievous, intellectually challenged leprechauns. Prior restraint and censorship have recently occurred at Rensselaer Polytechnic Institute (RPI), University of Washington (UW), Seattle Jewish Mafia (SJM) and other universities and government funded institutions. The term "Big Mama" describes totalitarian university presidents and government officials who censor speech protected by the First Amendment to the US Constitution. The term previously applied to Internet censors in the People's Republic of China. The analogy seems apt in light of the politically correct behavior now common in large and prestigious US universities as a parody on Big Brother, the omnipresent leader of a totalitarian state in George Orwell's Nineteen Eighty-four. Some content excerpted from Technocratic Despotism: Incognito and Safe from the Vexation of Thinking by Paul Trummel. Licensed to The National Council of Teachers of English (NCTE), Assembly for Computers in English (ACE) Newsletter, 10(1): (Summer 1996) 10-15. NCTE has since removed the original article from their web site; consequently, the author has linked a PDF of the full text. [Nothing Succeeds Like Excess] [ACE Newsletter] |
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Paul Trummel PhD (RPI ABD), PhD (UW ABD), MS (RPI), MSc (UK), BSc (UK) Associate Professor, Communication and Rhetoric (Retired) International Federation of Journalists, Brussels (International Press Card)
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© Copyright 2008 by Paul Trummel |
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