Interview with Jason Steele regarding RPOF Twitter-gate

Mon, 16 Nov 2009

In a previous post, I asked: Is a Twitter impostor really a criminal? Brevard County Republican Chairman Jason Steele decided to provide an answer to that and other questions raised in my post. Following an informal, off-the-record phone chat, he consented to an email interview.

The Florida statute by which BCSO justifies the investigation and subsequent subpoenas is FSS 817.568 Criminal use of personal identification information: "(4) Any person who willfully and without authorization possesses, uses, or attempts to use personal identification information concerning an individual without first obtaining that individual’s consent, and who does so for the purpose of harassing that individual, commits the offense of harassment by use of personal identification information, which is a misdemeanor of the first degree..."

Interview follows, (emphasis in original):

Q: As I understand the situation, your criticism of early endorsements of primary candidates by Greer and other state party bosses, (specifically, the RPOF leadership backing Crist over Rubio in the Republican primary race for U.S. Senate), has triggered a backlash, in which the state party leadership has aligned itself against you. You seem to be taking the position that Greer and the RPOF leadership should remain neutral in the primaries, and allow Republican voters to decide which candidates should prevail. Is this essentially correct?

A: YES. The Florida primary election process puts the decision making power in making partisan nominations in the hands of Republican voters, and the Republican Party has an obligation to respect that process.

Q: A party grievance was filed against you, charging that you violated your Republican loyalty oath, and a subsequent grievance committee hearing placed you on probation within the RPOF. I’ve seen a number of pundits, (notably among them, Doug Guetzloe), describe this action as part of a "Florida Republican Party purge". Do you believe that state party leaders are seeking to purge vocal conservative critics from the party?

A: I certainly believe that there are those at the state party who think the party would be better off without the more vocal conservative elements. I am not one of these, obviously. Quite contrary to this belief, I would like to see our party accept that our conservative roots are the real strength of the Republican Party.

Q: The BCSO investigated a fake Twitter account that impersonated you. The account posted messages that could have been seen as damaging to your reputation. Such impostors are common on Twitter, and public figures such as politicians are often the target of fake accounts. Twitter has simple procedures in place for shutting down impostor accounts. What made you feel it was necessary to instigate a criminal investigation, rather than pursuing a civil case to resolve the matter?

A: Because something is common place, does not mean it is acceptable. It is particular unacceptable when this behavior is engaged in by a professional political operative. We need to send a message to those who would accept this behavior as the norm, by prosecuting these crimes to the fullest extent allowed by law. Also, because this identity theft took place in the political arena, I think it is important that the prosecution go forward. It is very disillusioning to worthy young people who will not enter public service because of this sort of "dirty politics." This sort of behavior that I was the victim of must stop.

Q: In the U.S., public figures who bring an action for libel have the additional legal requirement to prove "actual malice". It is often difficult to prove actual malice. Was this a consideration in foregoing a civil resolution to the matter?

A: No. The fact of this matter is that the very nature of several of the posts establish a clear malice. It is my belief that action for this belongs in the purview of law enforcement, not personal gain. This fraudulent behavior needs to be addressed, but litigation cannot restore the damage to my reputation or the embarrassment and humiliation that my family has suffered. Let’s focus on fixing the problem!

Q: Often, these impostor accounts are intended as parody and satire of public figures. Do you feel that this impersonation was something more egregious than that? If so, do you think it rose to the level of a malicious libel?

A: I do. I can respect a parody. If properly disclaimed, and understood to be a political satire, then while I find it sometimes distasteful, it is a form of free speech. In this case, the author of this account clearly wanted his audience to believe that it was me. I think the anonymous nature of the account speaks clearly to that intent. Saturday Night Live is usually pretty clear that they are making fun of someone, this account was not like that.

Q: What crime did you think may have taken place when you asked BCSO to investigate the fake account? More specifically, what alleged crime could have been committed that might justify BCSO serving subpoenas to Twitter and Nungesser’s ISP?

A: Given the use of both my name and photograph, I believe it could be identity theft. Also, I am neither a law enforcement expert nor a lawyer but there could be other serious crimes that are implicated.

Q: Do you believe there were other individuals within the RPOF, beyond Nungesser, involved with the creation and maintenance of this impostor account? If so, and if a crime is alleged to have taken place, do you think that this warrants a further investigation into possible charges of conspiracy?

A: Yes. We know from conversations we have already had, that others at RPOF knew of this and at the very least implied approval by not insisting the sight be taken down. If it is proven that these RPOF employees had an active hand in this, then each and everyone involved should be subject to a full accounting under the law.

Q: What would you consider to be an appropriate resolution to this case? Do you wish to see Nungesser, (or others who may have been involved), prosecuted?

A: This case will not be resolved as simply as the legal prosecution. To really reach an acceptable resolution the Republican Party needs to look long and hard at how we use electronic media, and what kind of behavior is acceptable. We need to set a standard, and that is my primary focus. I also believe strongly that the Republican Party of Florida owes the Brevard Republican Executive Committee a formal apology for its involvement in the false Twitter account as well as for their complicity in the filing of the grievance against me.

Q: Do you think that the BCSO would investigate a Twitter impostor if the complainant was an average citizen of Brevard, rather than someone who holds a powerful position in local Republican party politics?

A: I would certainly hope so. I cannot speak to the policies of the BCSO, but knowing Sheriff Parker, I would bet that he would treat every violation of the rights of our citizens as a top priority for his office.

Q: Do you believe that the cost of the BCSO investigation is justified, given that budgets are limited and that every dollar spent on this investigation is money that won’t be spent investigating violent crimes?

A: Yes. Enforcing the law is the primary focus of our law enforcement agencies, and that includes all laws. It is sad that such crimes occur at all, but when they do it is incumbent upon our law enforcement agencies to investigate. I do agree that times are tough, but that is particularly why we need to crack down on this in order to discourage future crimes of the same nature. Stealing someone’s identity and publishing remarks that ruins or damages a person’s reputation is a serious crime.

» Link: / florida / politics / Interview with Jason Steele regarding RPOF Twitter-gate

Is a Twitter impostor really a criminal?

Fri, 06 Nov 2009

As an early adopter, I’ve been using Twitter since early 2007, and in this time I’ve seen plenty of fake twitter accounts. Deception is no new phenomenon, even in this relatively new form of communication.

Politics is rife with deception. One doesn’t need to be a student of Machiavelli to realize that misinformation often works well in discrediting an enemy. So I’m not surprised to learn of any fake Twitter accounts that were set up for the purpose of smearing politicians. This is just an old game being played out in a new arena.

However, a recent story out of Brevard County caught my attention. Brevard County Republican Chairman Jason Steele was the victim of a fake Twitter account, an impersonation which, (if anyone were to take it seriously), cast the Chairman in a negative light. The perpetrator behind this spoof was revealed to be the recently promoted RPOF Director of Field Operations, (formerly the RPOF Director of Youth Outreach Department), Tim Nungesser. The RPOF terminated Nungesser after a subpoena from the BCSO revealed his connection to the account.

Following are a selection of links to the story:

The news and blog accounts of this story neglect a key question that should have been asked of law enforcement: What alleged crime could have been committed that might justify BCSO serving subpoenas to Twitter and Nungesser’s ISP?

Certainly, criminal acts can and do occur on Twitter. Serious threats, stalking, extortion, and other heinous acts can take place over this, (or any other), electronic medium. There are Twitter Support Guidelines for Law Enforcement in place for the purpose of aiding police in the investigation of criminal acts that might have taken place using Twitter.

Yet I have doubts that these subpoenas could be justifiable in light of the nature of this fake account. I have no direct knowledge of the messages sent from this fake account, but drawing on personal experience reading other twitter fakes, and from reading what few tweets were quoted in various news sources, it appears that Nungesser was guilty only of publishing satire, parody, and hyperbole. A reasonable, intelligent reader would not have accepted the account as genuine.

Again, I must ask: What alleged crime was cited in justifying the issuance of subpoenas in this case?

Was this a purely “political crime”? Is satirizing a politico now illegal? If someone were to impersonate an average citizen of Brevard, using Twitter, could the victim rely on the BCSO to investigate it as thoroughly as was done in this case... Or does the BCSO specialize in acting as a political enforcement arm for Brevard County’s Republican Chairman?

I would like to see the FDLE investigate the appropriateness of these subpoenas. Did political reasons motivate BCSO to abuse subpoena powers as a favor to the Republican Chairman? How many law enforcement hours were devoted to this investigation, and at what cost to Brevard’s taxpayers?

Twitter has a simple procedure for shutting down fake accounts, which are in violation of Twitter’s TOS. Why Steele chose to use law enforcement resources to pursue what was, at most, a civil matter, is a question that should trouble residents of Brevard County. Every dollar spent on this spurious investigation is money that won’t be spent to catch a violent criminal.

Update: Interview with Jason Steele regarding RPOF Twitter-gate

» Link: / florida / politics / Is a Twitter impostor really a criminal?

Remembering September 11th, 2001

Fri, 11 Sep 2009

[On September 11, 2001, we watched, helpless, as terrorists used passenger planes as weapons against innocent civilians. It was a day of horrors, played out before us on every television screen. We knew little: No reckoning of the dead had been made. The criminals who planned and perpetrated this act were still unknown.

Speculation was rampamt: News anchors were suggesting that essential American freedoms, afforded us by our Constitution and dearly bought with the blood of countless heroes, would have to be cast aside to prevent a future possibility of such horrific acts.

In the evening of that sad day, with eyes still rimmed with tears of grief for the fallen, I was moved to write the following entry in my web journal:]

The Fiery Darts of the Wicked Cannot Pierce America’s Shield of Faith.

Above all, taking the shield of faith, wherewith ye shall be able to quench all the fiery darts of the wicked. - Ephesians 6:16 KJV

Horror, fear, outrage and pain mingle together in our hearts following our nation’s tragedy. Villainous and inhuman cowards have committed detestable acts of unimaginable violence upon the innocent. The intent of the attack is clear: It is to shake America’s faith and make us afraid. We will not be moved. We pray, while doing what is needed.

We cannot allow these cowards to succeed. Abridging civil liberties, trading the protections of our Constitution for the security blanket of a police state, would be an utter defeat for America. Freedom cannot be the next victim of this atrocity.

They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety. - Benjamin Franklin

[Originally published to the Space Coast Web Journal on 9/11/2001.]

» Link: / history / Remembering September 11th, 2001

Full Disclosure

Sat, 29 Aug 2009

On occasion, I will mention a commercial product or a business, either here on my blog, or via my Twitter account. (Follow me on Twitter.) I might post a link, or I may mention a product or business. On these occasions, rest assured that I am not receiving payment or any sort of compensation for these links or reviews.

I will never accept any advertising at spacecoastweb.org, nor will my Twitter account be used to deliver sponsored messages.

The writings found on this blog, and on my Twitter account, are my own personal opinions. I do not publish any sponsored posts. I do not participate in affiliate programs, paid link schemes, or otherwise accept any compensation which might compromise the integrity of what I write.

If I choose to review or link a product or business, it is because I feel that I have received full value and good service as an ordinary consumer. In a time when good customer service is increasingly hard to find, and when shoddy merchandise is accepted as the norm, businesses that excel in providing consistent good service and quality products deserve commendation. When I am impressed by the excellent quality of the products or services I am rendered, I will often reward that exceptionalism by noting it publicly.

Conversely, if a product or service fails my expectations, I may warn others of my bad experience, so they might make a more informed decision. I don’t do this out of spite or malice, but from concern that others might unwisely spend hard-earned money on something that will disappoint.

If any conflict of interest should arise, I will inform readers of the conflict and fully disclose any potential bias that might color my opinion.

» Link: / about / Full Disclosure

Shuttle Launch Viewing FAQ

Wed, 11 Mar 2009 - Space View Park, Titusville FL

SpaceLaunchInfo.com hosts the Space Launch Viewing FAQ, which is the comprehensive guide for Shuttle watchers.

Space View Park in Titusville is the recommended viewing location for those who don't have tickets to watch the launch from KSC.

Get text messages for Launch Holds & Scrubs from a Upoc Mobile Group founded by Ozzie, The Space Information Nerd.

Keep track of official status updates by following NASA on Twitter. NASA invites people to collaborate and connect with them, using a variety of social networking services. For an overview of the mission, the NASA Space Shuttle media kit has links to preflight briefing materials and general Space Shuttle resources.

For those unable to witness a Shuttle launch in person, NASA TV streaming video is a poor substitute.

» Geocode: lat/lon = 28.613412,-80.804315
» Geomap: Space View Park, Titusville FL - Google Maps
» Link: / space / Shuttle Launch Viewing FAQ