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?

Thirsty developers will drain the St. Johns River

Mon, 08 Oct 2007

If you are at all concerned with the health of the St. Johns and Ocklawaha rivers, the cover story of last week’s Folio Weekly should be on your reading list. Link here: This Sucks - Folio Weekly (large pdf file)

Draining millions of gallons per day from these slow moving rivers will result in an ecologic disaster. While it may temporarily quench the thirst of rapid, unsustainable growth, these rivers will be less able to flush away the streams of pollution which invariably enter the system, allowing harmful contaminants to accumulate. Fragile ecosystems will be stressed to the breaking point.

Conservation efforts seem limited to mailing out brochures, and to broadcasting Public Service Announcements on lawn-watering. Given our ever-growing need for this limited resource, a sane water management policy must include a rigorous effort toward conservation. The toothless program currently in effect does little to curb waste. None of the counties that would receive water from this project have meaningful conservation programs, with only Volusia enforcing any mandatory restrictions.

St. Johns Riverkeeper is preparing the case for conservation vs. unchecked greed:

This Sucks - St. Johns Riverkeeper
We are gearing up to address this issue by creating a public awareness campaign and a water conservation program. Riverkeeper is also researching Florida water law to better understand our legal options, and we are assembling a team of scientists to review the St. Johns River Water Management District studies that are being used to justify the withdrawal. We also hope to put together a coalition of concerned citizens, businesses, and orginizations. We’ll keep you posted about how you can get involved and join the effort to promote Conservation First.

Keep an eye on the St. Johns Riverkeeper blog as this goes forward.

» Link: / florida / environment / Thirsty developers will drain the St. Johns River

Gainesville - 34th Street Murals - The Concrete Blog

Tue, 18 Sep 2007 - 34th Street Wall, Gainesville FL

The landmark 34th Street Wall, in Gainesville, is the subject of The Concrete Blog: Messages on the Wall. Spanning decades and containing hundreds of photos, this digital collection is a searchable index of this unique canvas for street art. Visitors to The Concrete Blog are invited to add their photographs of the wall to the album.

Related: 34th Street Murals - Video

» Geocode: lat/lon = 29.64675,-82.372211
» Geomap: 34th Street Wall, Gainesville FL - Google Maps
» Link: / florida / history / Gainesville - 34th Street Murals - The Concrete Blog

Indian River Bridge: Postcards from Yesteryear.

Wed, 22 Aug 2007 - Indian River, Titusville FL, near Max Brewer Causeway.

Past generations of Floridians had great pride in the infrastructure of their communities.

A black and white postcard of the bridge over the Indian River.
B&W postcard of the old bridge over the Indian River, in Titusville.

A color postcard of the bridge over the Indian River.
Color postcard of the old bridge.

Structures like this old bridge were vital components for the economic growth of the region. Such investments are required, if a community wishes to prosper.

We’ve seen decades of neglect in matters of infrastructure. Schools are overcrowded and portable buildings are permanent fixtures on their landscape. Our roadways and bridges are aging, and they are being utilized beyond the designed capacity.

If we had more pride invested in the gritty concrete and rusty steel that undergirds our society, would we be willing, once again, to invest tax-dollars into building for the future?

» Geocode: lat/lon = 28.614392,-80.803639
» Geomap: Indian River, Titusville FL, near Max Brewer Causeway. - Google Maps
» Link: / florida / history / Indian River Bridge: Postcards from Yesteryear.