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09/23/07 - Ostergren threatened with prosecution by legal counsel to Florida Sec. of State Kurt Browning for publishing Sec. and Mrs. Browning's record that she got off Pasco County Clerk's Official Records search site. Here are the emails exchanged...
Below are the emails that were exchanged on Friday - 9/21/07 with the legal counsel to the Florida Secretary of State. They speak for themselves.
Also as of late Friday, images of records were removed off the Pasco County, Florida Clerk's Official Records search site which included Browning's and wife's records; however, images of public records on the Fl UCC search site continue to remain online with SSNs on them. Over the weekend, The Virginia Watchdog has continued to download records off the Florida UCC search site. Thousands of records also have FEINs on them which can also be used in criminal acts, but Florida, for some reason, doesn't allow the Federal Employer's Identification Numbers to be removed off the internet record.
Please begin reading the emails from the bottom and come upward. The last email sent by Ostergren to Hearn was at approx 5:43 PM on 9/21/07.
No one is "harassing" Mr. Browning.
IF the SOS can publish millions or even hundreds of thousands of peoples records with SSNs then his should be out there, too, and is thanks to the Pasco County Clerk. Browning's and wife's SSNs have been online for years on the Pasco County website. Have you sent this same threatening email to the Clerk there? I'll bet not. No telling how many thousands if not millions of people who have already seen it and made copies of the very same records. Also his is just one example of the kind of records are being published online in Florida. The good people of Florida need to be made aware of all these sites that are publishing their records. That's where I come in. But like they say what is good for the goose is good for the gander. His office has been contacted numerous times telling them they have SSNs on that site and that many still remain. So he continues to spoon feed criminals.
Also keep this in mind...I am exercising my First Amendment rights protected under the Constitution to freedom of the press and freedom of speech.
"Moreover, once the government places personal identifying information in the public domain, reliance must rest on the judgment of those who decide what to publish or broadcast." You can find that in this Federal District Court case William Sheehan v. Christine Gregoire (former AG now Governor of Washington state). The Federal Court Judge quotes from the infamous Florida Star case (The Florida Star, 491 U.S. at 538, 109 S.CT. 2603) and found in favor of Sheehan who was doing a service to the public such as I am doing.
The government (in this case the Court Clerk of Pasco County) placed this information (the Brownings' deed and another document with SSNs on them) on an OPEN Website for the world to see. (Did you think I drove down there to get those two records out of the Clerk's office? Well, I didn't. I got them off the internet.) You people must THINK apparently that it should be (but isn't) that only an elected official - or appointed one - can put this information on a open website. The records (like deeds) are not called PUBLIC RECORDS for nothing.
Also under your #(2)(a) it says "FRAUDULENTLY uses or possesses with intent to fraudulently use..." Ms. Hearn, it is a PUBLIC RECORD gotten off PUBLIC website and was put online by the Clerk of Court of Pasco County and no one - especially me - is doing anything fraudulent with it. We have no fraud in mind as it relates to Chapter 817. Further Chapter 817 deals with "FRAUDULENT CRIMES" http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0817/titl0817.htm There is no intent on anyone's part to commit any fraudulent crime against either party. The records were on the Pasco County Clerk's site and there for the taking and I have chosen to PUBLISH it and it is NOT coming off my site.
Also re: your #4... I am not harrassing him because if I am harrassing him, then you'd better talk to the Clerk of Pasco County who has the EXACT SAME PUBLIC RECORD image on his website which is OPEN TO THE WORLD. If you want to see the records, I'll show you how to use the site to retrieve the records.
Again, we are talking about a PUBLIC RECORD, Ms. Hearn, that was on the internet for all to see - just like the SSNs are on public records called UCCs on the Secretary's UCC search site. Guess it was okay for Florida to PUBLISH - and continue to publish - people's SSNs but not alright for ME to publish a PUBLIC RECORD!?!?!? You have got to be kidding.
We have laws very similar if not identical to Florida laws and this year in our VA General Assembly session two legislators put in identical companion bills which would have made it a $1000 a day fine against me (since the bills put in were directed at me) and BOTH the Senator and Delegate who patroned them had to kill their own bills because I am publishing PUBLIC RECORDS which is protected under the Constitution of the U.S. and every lawyer/counsel down at the Gen Assembly educated them to that fact.
I know that Sec. Browning doesn't like having his own PUBLIC record (the deed in question) published on The Virginia Watchdog website but that record is just another example of a PUBLIC record put online by an elected official that the public needs to see and the public needs to understand that elected and appointed officials are putting millions of SSNs on the internet all over this country. And let's not forget...if someone goes to the courthouse, they can the same records there, too, complete with SSNs.
I am in Virginia. You are in Florida. You are now infringing on MY FIRST AMENDMENT RIGHTs and I take your threats to silence me thru prosecution as very serious and without merit since we are talking about PUBLIC RECORDS. I take your threats as harassment. Any attempt by anyone to silence me will be met with a lawsuit in Federal Court.
BOTTOM LINE: Your Florida laws do not apply to me anyway, but your harassment of me does violate the U.S Constitution and my First Amendment rights to freedom of the press and freedom of speech. You people should stop harassing and threatening me and try to fix your own problems regarding publishing SSNs on public records. The record stays on the site.
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