A quick catch up for those of you who might not know. The City of Fullerton is suing this blog, myself and David Curlee. We’re being sued for allegedly clicking on links on the internet and for this blog then allegedly publishing things from those links.
The city’s argument is, essentially, that we didn’t have permission to click links.
In discussing this issue lately I was reminded about a case from here in California from back when Arnold Schwarzenegger was Governor. What happened was somebody accidentally put an audio file online on the governor’s website that wasn’t supposed to be there and somebody from the Phil Angelides for Governor campaign found it and sent it to the press.
It was known at the time as “TapeGate“.
Immediately the California Highway Patrol (the CHP had authority) sprung into action to see if anybody had violated the CA Penal Code – the same section (502) that we’re accused of having violated.
A 38-page report was submitted and that was the end of the story.
Until now. To see if there were any parallels I put in a California Public Records Act request and got the 38-page report from 2007 and it’s findings are quite illuminating in context. Continue reading