TonyInClearwater
2010-04-15 14:04:11 UTC
I recently bought the domain name www.LKCpropertyManagement.com.
I put up a VERY simple and VERY mild web site at that domain.
The Pinellas County Sheriff's Office called GoDaddy who was hosting
the site and 'asked' them to take the site down.
GoDaddy, in keeping with their policy of 'co-operating' with law
enforcement, in fact, suspended the domain name and took down the
site.
GoDaddy was certainly within their rights to take down the site. I
agreed to the universal TOS when I registered the domain and I am sure
this covers them.
Not all domain registration services are so cooperative with law
enforcement requests. Some require a court order or subpoena, which
the Sheriff's Office does not (yet?) have.
Naturally, in the future I will be more careful when selecting a
domain registration service.
I called the Internal Affairs dept at the S.O. to inquire as to the
policy of the S.O. regarding making this type of 'law enforcement
request' to have a web site, or internet content removed.
Initially the internal affairs Sergeant, who's name I cannot remember,
seemed unbiased and ready to look into this.
He seemed ready to answer the question 'What is the policy on this' in
order to determine whether or nor the deputy who made the request
violated policy.
He said that he did not think it was the business of the PCSO to
dictate what people put on their web sites.
He demeanor changed in a later conversation when he told me that
either way this was not a serious offense and that it would be
addressed by letting the deputy’s supervisor know about the
situation.
The web site is still down, the URL is still suspended.
GoDaddy tells me that the URL will remain suspended until the deputy
that requested the site be taken down called back and asks that the
site be put back up.
So, just in case anyone is wondering what exactly this site said...
Here it is....
Lisa Cercek
Lisa Cercek owns and runs LKC Property management. I am on the board
of one of the condo associations that she used to manage. She charges
WAY more than other management companies. She seems to not care at all
about her clients. I suspect she was taking LOTS of money from our
operating accounts that she was not authorized to take. I am in the
process of drafting a complaint against Lisa and her company. I plan
to depose every vendor that has provided a service to our association
in my search for evidence of fraud. DO NOT USE THIS COMPANY UNLESS YOU
LIKE GETTING BURNED.
That’s it, that is all.
I do not like the fact that the police can just make a call and have a
site as mild as this taken down, thus censoring the internet.
I have spoken to a couple lawyers on this. They say that if I can show
some monetary damages as a result of the Sheriff’s Office making the
request that the site be taken down, or the URL suspended, that I
might have a case against the S.O.
The lawyers say this might apply if someone makes an offer to buy the
domain from, and as a result of the request by the Sheriff to suspend
the site, I am unable to sell the domain.
In my admittedly biased opinion this situation raises 1st amendment
concerns.
Admittedly, unquestionably, I talked negatively about Lisa and her
company on this web site.
But, even 'the other side' must admit that what I expressed on the
site was 'opinions', and 'plans to take legal action', and advise from
my personal experience that the reader not use Lisa's services.
In my -biased- opinion, large questions are 'Since when is this
illegal' and 'Since when is it the cops' job to police this type of
speech'.
So there you have it.
If a lawyer happens to read this post that is curious enough to make a
call to the S.O., that’s great.
Let me know if you want the name of the Deputy who made the request of
GoDaddy, I will gladly give up the name and phone # to anyone who
asks.
If any member of the media wants to talk about this or make any
inquiry, I may certainly entertain cooperating with that as well.
Also, naturally, I welcome the thoughts, opinions, feedback of 'Joe
public' reader of this post.
Anyone who is offering an opinion on this, I'd just ask that if your
opinion is arguably biased either way, just man-up and say why your
opinion may be biased.
Please excuse any spelling or grammar errors here as it is late at
night and I am typing quickly and trying to stay awake.
I put up a VERY simple and VERY mild web site at that domain.
The Pinellas County Sheriff's Office called GoDaddy who was hosting
the site and 'asked' them to take the site down.
GoDaddy, in keeping with their policy of 'co-operating' with law
enforcement, in fact, suspended the domain name and took down the
site.
GoDaddy was certainly within their rights to take down the site. I
agreed to the universal TOS when I registered the domain and I am sure
this covers them.
Not all domain registration services are so cooperative with law
enforcement requests. Some require a court order or subpoena, which
the Sheriff's Office does not (yet?) have.
Naturally, in the future I will be more careful when selecting a
domain registration service.
I called the Internal Affairs dept at the S.O. to inquire as to the
policy of the S.O. regarding making this type of 'law enforcement
request' to have a web site, or internet content removed.
Initially the internal affairs Sergeant, who's name I cannot remember,
seemed unbiased and ready to look into this.
He seemed ready to answer the question 'What is the policy on this' in
order to determine whether or nor the deputy who made the request
violated policy.
He said that he did not think it was the business of the PCSO to
dictate what people put on their web sites.
He demeanor changed in a later conversation when he told me that
either way this was not a serious offense and that it would be
addressed by letting the deputy’s supervisor know about the
situation.
The web site is still down, the URL is still suspended.
GoDaddy tells me that the URL will remain suspended until the deputy
that requested the site be taken down called back and asks that the
site be put back up.
So, just in case anyone is wondering what exactly this site said...
Here it is....
Lisa Cercek
Lisa Cercek owns and runs LKC Property management. I am on the board
of one of the condo associations that she used to manage. She charges
WAY more than other management companies. She seems to not care at all
about her clients. I suspect she was taking LOTS of money from our
operating accounts that she was not authorized to take. I am in the
process of drafting a complaint against Lisa and her company. I plan
to depose every vendor that has provided a service to our association
in my search for evidence of fraud. DO NOT USE THIS COMPANY UNLESS YOU
LIKE GETTING BURNED.
That’s it, that is all.
I do not like the fact that the police can just make a call and have a
site as mild as this taken down, thus censoring the internet.
I have spoken to a couple lawyers on this. They say that if I can show
some monetary damages as a result of the Sheriff’s Office making the
request that the site be taken down, or the URL suspended, that I
might have a case against the S.O.
The lawyers say this might apply if someone makes an offer to buy the
domain from, and as a result of the request by the Sheriff to suspend
the site, I am unable to sell the domain.
In my admittedly biased opinion this situation raises 1st amendment
concerns.
Admittedly, unquestionably, I talked negatively about Lisa and her
company on this web site.
But, even 'the other side' must admit that what I expressed on the
site was 'opinions', and 'plans to take legal action', and advise from
my personal experience that the reader not use Lisa's services.
In my -biased- opinion, large questions are 'Since when is this
illegal' and 'Since when is it the cops' job to police this type of
speech'.
So there you have it.
If a lawyer happens to read this post that is curious enough to make a
call to the S.O., that’s great.
Let me know if you want the name of the Deputy who made the request of
GoDaddy, I will gladly give up the name and phone # to anyone who
asks.
If any member of the media wants to talk about this or make any
inquiry, I may certainly entertain cooperating with that as well.
Also, naturally, I welcome the thoughts, opinions, feedback of 'Joe
public' reader of this post.
Anyone who is offering an opinion on this, I'd just ask that if your
opinion is arguably biased either way, just man-up and say why your
opinion may be biased.
Please excuse any spelling or grammar errors here as it is late at
night and I am typing quickly and trying to stay awake.