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Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Cary ()
Date: December 21, 2012 04:52PM

Due to the content and publicity associated with the thread Leaked! Fairfax High School Report Cards from 2011-2012 School Year for Every Student! 2,166 page PDF file, the Fairfax County School Board has filed suit against Fairfax Underground and was granted a temporary preliminary injunction by the US District Court of Alexandria, VA.

As the order was issued without notice I was not provided any chance to respond to the school board's petition. I have a very limited time to file a Motion to Dissolve, and am currently exploring the merits of doing so, but as the injunction expires on January 4th, 2013 I may well abide by this temporary order and focus my efforts on ensuring the injunction doesn't become permanent.

In compliance with the injunction I am currently performing a full MySQL database backup to preserve all of the original records, as I need to modify the offending post in order to remove the content.

In this thread I intend to produce all of the communications I've received from the Fairfax County School Board, my responses, and all petitions filed with and returned by the courts.

- Cary (the admin)

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Cary ()
Date: December 21, 2012 04:55PM

Subject: Urgent Request
Date: Wed, 19 Dec 2012 14:25:57 -0500
X-Priority: 1
priority: Urgent
Importance: high
From: "Rewari, Sona" [srewari@hunton.com]
To: [cary@fairfaxunderground.com], [ben@fairfaxunderground.com]
Cc: "Cawley, Tom" [tcawley@hunton.com]
X-OriginalArrivalTime: 19 Dec 2012 19:25:58.0731 (UTC) FILETIME=[AC7471B0:01CDDE1E]

Dear Cary and Ben:

Our firm represents the Fairfax County School Board. Fairfax County Public Schools administrators were alerted today that two electronic files containing the grades of thousands of Fairfax County Public Schools’ students were posted yesterday on your website www.fairfaxunderground.com. These files were posted by someone identified as “Fairfax Leaks” under the message: “Leaked! Fairfax High School Report Cards from 2011-2012 School Year for Every Student! 2,166 page PDF file.”

We are contacting you in your capacity as the moderators of Fairfax Underground to notify you that these disclosures were made illegally, and in violation of the privacy rights of the thousands of students who are each identified by name on your website. We request that you immediately remove these files from your website, and preserve the records and other evidence in your possession, including all user accounts, IP addresses, and any other information about those who posted, downloaded, or accessed these files. Please advise us in writing that you have done so.

The School Board is committed to protecting and preserving the privacy rights of its students. We will take all steps necessary to do so and to limit the continuing damage that this unlawful disclosure has caused.

If you would like to discuss this matter, please feel free to contact me, or my partner, Tom Cawley (703.714.7424/tcawley@hunton.com. Your prompt cooperation in this matter is greatly appreciated.

Sincerely,
Sona Rewari



Edited 1 time(s). Last edit at 12/21/2012 05:23PM by Cary.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Cary ()
Date: December 21, 2012 05:24PM

Date: Thu, 20 Dec 2012 18:52:20 -0500
Subject: Re: Urgent Request
From: Cary W [cary@fairfaxunderground.com]
To: "Rewari, Sona" [srewari@hunton.com]
Cc: tcawley@hunton.com

Hello Sona,

First let me apologize for the delay in responding to your request. For
clarity, the discussion thread in question resides here:
http://www.fairfaxunderground.com/forum/read/2/1069819.html

This is an interesting legal and moral dilemma and I am unsure of exactly
how to proceed. Fairfax Underground has a rich history of free speech and
as such the standard operating procedures are to NEVER delete any
legitimate content from the forums, regardless of how mundane or childish,
so long as the claims made therein are true, and it doesn't violate one of
the extremely simple rules which are: No spam, no complete garbage, no
personal attacks, and no impersonation.

With that said, however, Fairfax Underground also takes the security and
privacy of its users very seriously, and routinely removes content that was
posted specifically to harass or embarrass other users. The motivation for
this post does not seem to be malicious, rather intellectually curious, and
as such doesn't qualify for moderation based on a personal attack.

Do you know of a Virginia law that explicitly prohibits the disclosure of
this information? The federal Family Educational Rights and Privacy Act
(FERPA) applies only to schools themselves, not necessarily
non-authoritative third party sources. If you can identify a section of
the Code of Virginia that explicitly prohibits the disclosure of this
information I will certainly remove it, but without such a clear
prohibition my gut instinct is to allow the thread and attached files to
remain.

Can you confirm that this file truly does contain accurate information
regarding the grades of students at Fairfax High School? As I have no way
to verify the authenticity of such this file I assume it could just as
easily be a hoax. Similarly, as this .pdf file comes from an anonymous
source, and is hosted on a server that has no relation to the school system
whatsoever, the material contained therein should never be trusted as
authoritative information by any college or employer.

If this document exposed private information such as social security
numbers or home addresses I would certainly remove it immediately; but as
it stands there's nothing intrinsically dangerous about the information
revealed, only embarrassing.

Please rest assured that I have and will retain full logs of this incident
indefinitely, however, I do not intend to ever reveal them without a valid
court order. Please note that the thread in question was posted from a
"Tor" exit node, a sophisticated anonymizing network, which makes it very
unlikely that the original author will ever be positively identified.

With all of that said, most of the damage has already been done. As this
file has been posted on Fairfax Underground for over 48 hours and has
already been downloaded hundreds of times removing the file and/or thread
would not halt the redistribution of this information. Removing the thread
in question at this point would only serve to inconvenience the casual
browser, and may even lead to individuals altering the original file to
disparage or glorify a student or teacher, and then passing off their
modified version as the true original.

As I type this message I understand that various media outlets have picked
up the story, as there is a discussion underway in the thread in question
itself discussing the merits of retaining vs deleting this information. At
this point I intend to allow the discussion to play out, listening to the
concerns of the community (both for and against removing the content) and
will come to a decision regarding this issue tomorrow.

I sincerely apologize for the trouble this issue has caused. While Fairfax
Underground does strive to be a free place for whistle blowers to share
sensitive and embarrassing information, it certainly does not intend to
play host to the unnecessary exposure of innocent people.

If you have any further questions or requests please don't hesitate to ask.

Thanks and enjoy!

- Cary Wiedemann
--Curator, FairfaxUnderground.com

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Cary ()
Date: December 21, 2012 05:29PM

Subject: Fairfax County School Board v. John Doe and Cary Weidemann
Date: Fri, 21 Dec 2012 12:06:05 -0500
From: "Baroody, Cindy" [cbaroody@hunton.com]
To: [cary@fairfaxunderground.com]
Cc: "Rewari, Sona" [srewari@hunton.com], "Cawley, Tom" [tcawley@hunton.com]
X-OriginalArrivalTime: 21 Dec 2012 17:06:12.0651 (UTC) FILETIME=[7AC9AFB0:01CDDF9D]

On behalf of Ms. Rewari and Mr. Cawley, please find attached pleadings that they intend to file with the court within the next hour.

If you have any problems opening the attachments, please let me know.

Thank you.
Attachments:
Civil Coversheet.PDF
Complaint.PDF
Notice of Motion for Temporary Restraining Order or Expedited Preliminary Injunction.PDF
Motion for Temporary Restraining Order or Expedited Preliminary Injunction.PDF
Memorandum in Support of Motion for Temporary Restraining Order or Expedited Preliminary Injunction.PDF
Mandatory Temporary Restraining Order-Preliminary Injunction.PDF

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Cary ()
Date: December 21, 2012 05:31PM

Subject: RE: Fairfax County School Board v. John Doe and Cary Weidemann
Date: Fri, 21 Dec 2012 14:33:55 -0500
From: "Rewari, Sona" [srewari@hunton.com]
To: [cary@fairfaxunderground.com]
Cc: "Cawley, Tom" [tcawley@hunton.com]
X-OriginalArrivalTime: 21 Dec 2012 19:33:56.0921 (UTC) FILETIME=[1E4DF290:01CDDFB2]

Cary,

The Federal Court has entered the Temporary Restraining Order/Preliminary Injunction that was requested by the School Board. A copy of the Court’s Order is provided to you as an attachment to this email.

Sona
Attachments:
Mandatory Temporary Restraining Order.PDF-c.PDF

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: not bad for a durka durka ()
Date: December 21, 2012 05:35PM

rewari_sona.jpg
311531_4357294288934_1616886064_n.jpg


Not too shabby, about a 6/10, decent score for an Indian.


http://www.hunton.com/sona_rewari/

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Fight It ()
Date: December 21, 2012 05:37PM

I'm willing to chip in for legal fees if you want. Sure others will too. And I bet the ACLU would step up with lawyers to help you as well.

Provide a P.O. Box and instructions for who to write the check out to on this thread and I will send in a check.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: op is bulletproof ()
Date: December 21, 2012 05:45PM

If he used TOR he is bulletproof, they will never find him. A VPN, yeah okay they may have gotten him, but not with TOR.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: non registered regular ()
Date: December 21, 2012 05:45PM

Fight It Wrote:
-------------------------------------------------------
> I'm willing to chip in for legal fees if you want.
> Sure others will too. And I bet the ACLU would
> step up with lawyers to help you as well.
>
> Provide a P.O. Box and instructions for who to
> write the check out to on this thread and I will
> send in a check.


I love this forum and am willing to donate as well. Cary is a modern American hero.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Jamoe ()
Date: December 21, 2012 06:05PM

Just delete now and get it over with I don't why you can't delete it

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Serves no purpose ()
Date: December 21, 2012 06:12PM

Jamoe Wrote:
-------------------------------------------------------
> Just delete now and get it over with I don't why
> you can't delete it

Because deleting it doesn't serve a purpose, but bowing to their pressure sets a precedent and is a violation of free speech rights.

The school board is simply attempting to exert control over this situation in hopes of making it go away. They are reacting like typical people who fear losing power and control.

The file is out, deleting it from this site would do nothing to change that.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Tough One ()
Date: December 21, 2012 06:17PM

I liked Cary's response.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: This is actually harrassment ()
Date: December 21, 2012 06:24PM

This is harrassment, and it is also a giant waste of taxpayer dollars.

Instead of trying to impose their will on a free and public forum, they should spend tax money trying to find the person who posted the information, and ways to ensure that it doesn't happen again.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: call this guy ()
Date: December 21, 2012 06:28PM

Founded in 1982 by constitutional attorney and author John W. Whitehead, The Rutherford Institute is a civil liberties organization that provides free legal services to people whose constitutional and human rights have been threatened or violated.

The Rutherford Institute has emerged as one of the nation's leading advocates of civil liberties and human rights, litigating in the courts and educating the public on a wide spectrum of issues affecting individual freedom in the United States and around the world.

The Institute’s mission is twofold: to provide legal services in the defense of religious and civil liberties and to educate the public on important issues affecting their constitutional freedoms.

Whether our attorneys are protecting the rights of parents whose children are strip-searched at school, standing up for a teacher fired for speaking about religion or defending the rights of individuals against illegal search and seizure, The Rutherford Institute offers assistance—and hope—to thousands.

The Rutherford Institute is a 501(c)(3) organization, gifts to which are deductible as charitable contributions for Federal income tax purposes.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Shawnda ()
Date: December 21, 2012 06:31PM

I downloaded the file and I am not afraid to publicly state that. Once it is in the public for display we all have the right to verify its validity. As an adult I do not see why the news media is so focused on this, my nosiness made me creat an account to see what the big deal is. I honestly believe our government should be focusing on more important things than teenage hackers posting grades. Perhaps schools should be hiring these kids to protect their information! Its a sad day when our children are smarter than we are and we cannot keep up.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: meh ()
Date: December 21, 2012 06:39PM

that is some gay shit right there eyedea.

Now, who is to blame for ridiculous use of tax payer money?

Do we blame Cary for not complying to a somewhat reasonable request?

Or do we blame the school board for idiotically suing Cary and John Doe?

FCPS: Cut student programs, increase lawsuits.

and all i can think about is eyedea's derailing comment about his homo kid, gotta teach him to say "no homo" after that stuff so people dont get the wrong idea

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Date: December 21, 2012 06:41PM

This is absolutely ridiculous...

Parents and Students should file a class action suit against the school board for allowing the information to be leaked.

Fairfaxunderground is a third party site where the information just happen to be posted. It is not libel, or false accusations by any other means "wrong".

This is just the county waisting MORE tax payer money in order to take away 1st amendment rights and police the internet.

You would think that the county would have priorities, such as preventing suicides that have plagued FCPS for the past couple of years. (EDIT: due to a direct result of FCPS policies) But instead, they are waisting money (they claim they don't have) filing frivolous suits against a 3rd party that was not involved in the act of obtaining the information.

I can't say i'm surprised, as FCPS has a tremendous history of blaming somebody else for mistakes made by the school system. They will not accept responsibility for anything they do, and as long as the public views them as innocent, they will remain so.



Edited 2 time(s). Last edit at 12/21/2012 06:47PM by the grammar police.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Parental Opinion ()
Date: December 21, 2012 06:47PM

Shawnda Wrote:
-------------------------------------------------------
> I downloaded the file and I am not afraid to
> publicly state that.

I clicked on the ".txt" link above (minimally) and viewed the file (or at least, some random parts of it before I got REALLY bored) but did not overtly save it to my own file systems - when I exited the viewing program (like Notepad) the data space got reclaimed - probably only existed in RAM, not disk, due to the minimal size. Having viewed whatever I viewed I have only two real comments other than what I've (or...er...a different ID) already said here and elsewhere:

(1) I'm shocked at the number of absences on some of the entries - missing =20= days of school? There appears on rough viewing to be a correlation between excess absences and really poor reported grade, any subject (my daughter hasn't missed one day of school in years and would be really bothered if she did).

(2) Other than the sheer mass of the text I viewed, there is no evidence whatsoever to THIS reader that the text isn't completely made up or, at the very least, totally edited from the original to reflect totally bogus data; NONE of the names I saw mean anything to me at all, nor do I remember anything much about the text, not even teacher names, nor do I have any known-valid data to compare to what's in the text to be able to say "Oh yea, I know John Doe and see he actually got a C in Geometry!"...or whatever.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: meh ()
Date: December 21, 2012 06:56PM

Parental Opinion Wrote:
-------------------------------------------------------

>
> (1) I'm shocked at the number of absences on some
> of the entries - missing =20= days of school?
> There appears on rough viewing to be a correlation
> between excess absences and really poor reported
> grade, any subject (my daughter hasn't missed one
> day of school in years and would be really
> bothered if she did).
>


god damn, you are a motherfucking scholar. how did you manage to extrapolate this information? it's not like it's common knowledge that poor attendance corresponds with poor grades.
also, you'd be bothered if your daughter missed one day of school? holy shit, you are one overbearing motherfuck aren't you? I mean 5+ in a year is starting to get iffy, but ONE day is too much for you?

> (2) Other than the sheer mass of the text I
> viewed, there is no evidence whatsoever to THIS
> reader that the text isn't completely made up or,
> at the very least, totally edited from the
> original to reflect totally bogus data; NONE of
> the names I saw mean anything to me at all, nor do
> I remember anything much about the text, not even
> teacher names, nor do I have any known-valid data
> to compare to what's in the text to be able to say
> "Oh yea, I know John Doe and see he actually got a
> C in Geometry!"...or whatever.

people (read: kids) confirmed that its accurate on twitter.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Just a Student as Well ()
Date: December 21, 2012 06:59PM

I don't know where to stand on this, there's no actual violation here besides a breach of privacy that everyone thinks there entitled to. Besides a little embarresment, this is a clear account of free speech even if I was apart of this, if you were to back down and appease them its over with and you no longer have to worry about this although they most likely will "attempt" to go after the "John Doe" even though it's impossible with the Tor. Although, if this goes to court and if you were to win this could be used as a matter of support towards free speech as time goes by and our free speech "guidelines" become longer and more specfic against forums such as this one. BUT and a big BUT, if they win you have now added another "guideline" to the laws of free speech. As a student in high school I would be slightly embarressed for my grades (freshman only) but I would get over it beacuse it's like every student in highschool talks to other students about their grades.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: MrMephisto ()
Date: December 21, 2012 07:01PM

Serves no purpose Wrote:
-------------------------------------------------------
> Because deleting it doesn't serve a purpose, but
> bowing to their pressure sets a precedent and is a
> violation of free speech rights.

It doesn't set a precedent yet. If the leaked information had been about corruption in the school system, alteration of grades/test scores, the coverup of a student's death, or something of substance that the public should be aware of, then I would absolutely encourage Cary to fight back.

This is not the right battle to pick to push the "free speech" issue. It's just some kids' grades. If he fights back to the end and loses, then it will have legal precedent that could affect future court cases.

Cary is doing the right thing by complying peacefully with the lawful direction of the court system and documenting the process as it goes. The public needs to be aware of the fact that the focus has shifted from the leaking of information (aka The Problem) to where the information was leaked to (aka The Symptom).

--------------------------------------------------------------
There is no such thing as innocence, only degrees of guilt.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: bro cary i feel for you ()
Date: December 21, 2012 07:20PM

cary+weed.jpg

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Date: December 21, 2012 07:21PM

bro cary i feel for you Wrote:
-------------------------------------------------------
> src="http://4.bp.blogspot.com/-NlWmLKsa4no/UB6yPAg
> IxiI/AAAAAAAAAOU/aN8wcUJQksM/s320/cary+weed.jpg"/>


The difference is Cary knows his shit. FCPS, not so much.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: BlueJay ()
Date: December 21, 2012 07:34PM

Cary,

I just heard about this affair and started looking on your site for the first time. What I find is a sad group of people violating the privacy of children, insulting an attorney doing her job, and showing a picture of her very young child.

Did you notice that there is a civil action provision in the law? You are on the hook buddy, to the school system, and since 2100 families are pissed off and Mr. Doe is nowhere to be seen, you are liable for a massive class action suit. And I hope the newspapers take pictures when the sheriff deputies arrive to take possession of all your server gear to satisfy the judgment.

In your own posts I see you said you wouldn't remove the file because it wasn't malicious, wasn't "posted specifically to harass or embarrass other users", then later in that same post you admitted the information was embarassing.

Way to pick your battles. Way to serve the community.

Hey, go hire a very expensive attorney and pay them a fat retainer. This will accomplish three things:

1) It will protect your interests more than anything you've done so far.

2) It will satisfy me that you have paid the first several thousand dollars of the potentially tens or hundreds of thousands that this will eventually cost you, despite the best lawyer money can buy.

3) It will be interesting to see how many of your online friends help you pay your legal bills. I bet the answer is zero.

Jay

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Date: December 21, 2012 07:39PM

BlueJay Wrote:
-------------------------------------------------------
> Cary,
>
> I just heard about this affair and started looking
> on your site for the first time. What I find is a
> sad group of people violating the privacy of
> children, insulting an attorney doing her job, and
> showing a picture of her very young child.
>
> Did you notice that there is a civil action
> provision in the law? You are on the hook buddy,
> to the school system, and since 2100 families are
> pissed off and Mr. Doe is nowhere to be seen, you
> are liable for a massive class action suit. And I
> hope the newspapers take pictures when the sheriff
> deputies arrive to take possession of all your
> server gear to satisfy the judgment.
>
> In your own posts I see you said you wouldn't
> remove the file because it wasn't malicious,
> wasn't "posted specifically to harass or embarrass
> other users", then later in that same post you
> admitted the information was embarassing.
>
> Way to pick your battles. Way to serve the
> community.
>
> Hey, go hire a very expensive attorney and pay
> them a fat retainer. This will accomplish three
> things:
>
> 1) It will protect your interests more than
> anything you've done so far.
>
> 2) It will satisfy me that you have paid the first
> several thousand dollars of the potentially tens
> or hundreds of thousands that this will eventually
> cost you, despite the best lawyer money can buy.
>
> 3) It will be interesting to see how many of your
> online friends help you pay your legal bills. I
> bet the answer is zero.
>
> Jay


You're so full of shit, how can Cary be held responsible for the INTERNET? FCPS is responsible for letting the information get out in the first place.



Edited 1 time(s). Last edit at 12/21/2012 07:40PM by the grammar police.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: 4 da realz ()
Date: December 21, 2012 07:39PM

BlueJay Wrote:
-------------------------------------------------------
> Cary,
>
> I just heard about this affair and started looking
> on your site for the first time. What I find is a
> sad group of people violating the privacy of
> children, insulting an attorney doing her job, and
> showing a picture of her very young child.
>
> Did you notice that there is a civil action
> provision in the law? You are on the hook buddy,
> to the school system, and since 2100 families are
> pissed off and Mr. Doe is nowhere to be seen, you
> are liable for a massive class action suit. And I
> hope the newspapers take pictures when the sheriff
> deputies arrive to take possession of all your
> server gear to satisfy the judgment.
>
> In your own posts I see you said you wouldn't
> remove the file because it wasn't malicious,
> wasn't "posted specifically to harass or embarrass
> other users", then later in that same post you
> admitted the information was embarassing.
>
> Way to pick your battles. Way to serve the
> community.
>
> Hey, go hire a very expensive attorney and pay
> them a fat retainer. This will accomplish three
> things:
>
> 1) It will protect your interests more than
> anything you've done so far.
>
> 2) It will satisfy me that you have paid the first
> several thousand dollars of the potentially tens
> or hundreds of thousands that this will eventually
> cost you, despite the best lawyer money can buy.
>
> 3) It will be interesting to see how many of your
> online friends help you pay your legal bills. I
> bet the answer is zero.
>
> Jay

You should take a look around, this aint Fairfaxundergrounds first rodeo.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: ROCKO MEATS ()
Date: December 21, 2012 07:41PM

Fight on Cary!

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: BlueJay ()
Date: December 21, 2012 07:58PM

"You're so full of shit, how can Cary be held responsible for the INTERNET? FCPS is responsible for letting the information get out in the first place."

"You should take a look around, this aint Fairfaxundergrounds first rodeo."

Well, if Cary has the thousands it takes to fight cases like this, and he enjoys it, great. It's a free country. Weird way to spend your time. Sort of a wikileaks on a very small scale, and exposing bad grades, not crimes against humanity.

As for me being full of shit, good argument, maybe you can argue the case for Cary, in federal court. Just hope your children's pictures don't end up on the internet.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Date: December 21, 2012 08:03PM

BlueJay Wrote:
-------------------------------------------------------
> "You're so full of shit, how can Cary be held
> responsible for the INTERNET? FCPS is responsible
> for letting the information get out in the first
> place."
>
> "You should take a look around, this aint
> Fairfaxundergrounds first rodeo."
>
> Well, if Cary has the thousands it takes to fight
> cases like this, and he enjoys it, great. It's a
> free country. Weird way to spend your time. Sort
> of a wikileaks on a very small scale, and exposing
> bad grades, not crimes against humanity.
>
> As for me being full of shit, good argument, maybe
> you can argue the case for Cary, in federal court.
> Just hope your children's pictures don't end up
> on the internet.


Perhaps i took the low road there, but it was the bluntest way of conveying my point. FCPS should be held responsible, not the moderator of a website where the information happen to be posted.

Edit: Why shouldn't FCPS be held responsible?



Edited 1 time(s). Last edit at 12/21/2012 08:04PM by the grammar police.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: sadfasdfasdf ()
Date: December 21, 2012 08:06PM

BlueJay Wrote:
-------------------------------------------------------
> "You're so full of shit, how can Cary be held
> responsible for the INTERNET? FCPS is responsible
> for letting the information get out in the first
> place."
>
> "You should take a look around, this aint
> Fairfaxundergrounds first rodeo."
>
> Well, if Cary has the thousands it takes to fight
> cases like this, and he enjoys it, great. It's a
> free country. Weird way to spend your time. Sort
> of a wikileaks on a very small scale, and exposing
> bad grades, not crimes against humanity.
>
> As for me being full of shit, good argument, maybe
> you can argue the case for Cary, in federal court.
> Just hope your children's pictures don't end up
> on the internet.


How about not posting them on the internetz for everyone to see... LOLZ... If you are scurred delete your FB, Twitter, instagram.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: BlueJay ()
Date: December 21, 2012 08:32PM

"Perhaps i took the low road there, but it was the bluntest way of conveying my point. FCPS should be held responsible, not the moderator of a website where the information happen to be posted.

Edit: Why shouldn't FCPS be held responsible?"

Well, if I shoot a bank employee and you drive the getaway car, that makes you an accessory.

If you rent a house to a meth lab, it can be confiscated from you by the DEA.

If John Doe commits a crime by stealing personal data from a computer and the law states that disseminating the info is part of the crime, then if you help him disseminate, you are an accessory.

Put another way, a web site has responsibility, especially after it has notice that sensitive info has been posted, and Cary was notified, and did not act.

You are right, no doubt lots of questions will be asked at FCPS, and the investigation could take a while. And involve lots of people's time, including lawyer time. And from reading the legal documents in this case that Cary so nicely has posted, Cary could be sued by FCPS for the expense of carrying out this internal investigation. That's some serious dough.

And parents may sue FCPS, but they will also sue Cary. And I bet they are more pissed off at Cary, since he appears to be an asshole who leaves children's private info on his web site even after he is told it is there.

Whether the law is right, or FCPS is right, is maybe a little questionable to me. Whether FCPS is incompetent is almost certain. It will probably turn out someone's password was their name or the word "password". But it is equally certain to me that Cary was wrong, and willfully wrong; wrong legally and wrong morally.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: 2 cents ()
Date: December 21, 2012 08:32PM

Personally, I think the publication of this data is an invasion of privacy, irrespective of how it gets out there. But, like Mephisto, I don't think this is the sort of issue on which to set precedent one way or another. I appreciate that Cary wants to protect the autonomy of FFXU, but this is a David and Goliath fight. Not worth it, IMHO.

I hate to think that the FCPS are using this incident to deflect from their culpability in not adequately protecting their data - but that could well be the case. Once this kerflufle is over, that's where the attention should be directed.

Options: ReplyQuote
­
Posted by: chuckhoffmann ()
Date: December 21, 2012 08:38PM

­



Edited 2 time(s). Last edit at 03/04/2013 02:59PM by chuckhoffmann.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: AHoffUKnow ()
Date: December 21, 2012 09:19PM

Even a cursory review of FERPA makes it crystal clear that it only applies to educational institutions which receive money from the US Department of Education.

FU falls into either of those two categories.... how?

Cary, I and many others have been pushed around by FCPS plenty of times - practically from the moment we stepped into Kindergarten (some even earlier). But we're not children anymore - we're adults, and despite FCPS's inept attempts to restrict, conform, and shape the way we think and learn, some people are just better than that. Some people can think for themselves. Some people, can bloody read.

The only concern I have as this proceeds to hearing is the court being biased towards is own jurisdiction. Fairfax County to rule against Fairfax County? I fear a four-leaf clover is more common. Perhaps the first motion the defense should make would be to move the hearing to another court? Just my $0.02 - worth everything you paid for it.

_MaH

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Warhawk ()
Date: December 21, 2012 09:26PM

What a waste of time and money by fcps. So,let's say that they "win", and Cary deletes the post AND they find the OP. what are they going to do if other people start posting the same file over the Internet, waste resources playing whack a mole? Seems like they should focus on their security breach and not where it ended up, because if it wasn't here, it'd be on some other website/forum/blog. typical fcps bullying. At least Cary isn't immediately cow towing to them.

__________________________________
That's not a ladybug, that's a cannapiller.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: The Congressman ()
Date: December 21, 2012 09:45PM

Opposing counsel is probably charging the county at least $900/hour for this witch hunt.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Date: December 21, 2012 09:48PM

Heh, Hunton & Williams. They're not fooling around this one.

Major firm HQed in Richmond. They're paying a fortune for this - I can guarantee.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: SmokeaJay ()
Date: December 21, 2012 09:50PM

Cary,

I just heard about this affair and started looking on your site for the first time. What I find is a fine group of people showing children to fight for their right to free speech. Insulting a money hungry attorney doing her job is icing on the cake.

Did you notice that there is a civil action provision in the law? You are on the hook buddy, to the school system, and since 2100 families are pissed off and Mr. Doe is nowhere to be seen, you are liable for a massive class action suit. Thank god you have bigger balls than 99% of the minions that do as their told, I hope the newspapers take pictures when the judge declares you free and clear.

In your own posts I see you said you wouldn't remove the file because it wasn't malicious, wasn't "posted specifically to harass or embarrass other users", well done sir.

Way to pick your battles. Way to serve the community.

Hey, go hire a very expensive attorney and pay them a fat retainer. This will accomplish three things:

1) It will protect your interests more than anything you've done so far.

2) It will drive the worth of Fairfax Underground up ten fold, maybe more.

3) It will be interesting to see how many of your online friends help you pay your legal bills. I bet the answer is hundreds, maybe thousands.
FFXU will continue to grow, be strong, and say a big FUCK YOU to all that try to bring it down.

SmokeaJay

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: SomeOtherGuy ()
Date: December 21, 2012 10:05PM

I believe what you are looking for here, Cary, is this:

Section 230 of the Communications Decency Act:

"No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."

http://www.law.cornell.edu/uscode/text/47/230


Cliff notes - http://en.wikipedia.org/wiki/Section_230_of_the_Communications_Decency_Act

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: TheMeeper ()
Date: December 21, 2012 10:08PM



Attachments:
hunton.com.jpg

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Date: December 21, 2012 10:11PM

The request for damages with respect to the CFAA is aimed at John Doe, not Cary.

It was Doe who purportedly violated the CFAA and forwarded the document. He's the one at risk.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: 496 ()
Date: December 21, 2012 10:51PM

TheMeeper Wrote:
-------------------------------------------------------
>



LOL!!

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: eesh ()
Date: December 21, 2012 10:56PM

haha Meeper.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Jack Booted Board Member ()
Date: December 21, 2012 11:07PM

Poster Formerly Known as ITRADE Wrote:
-------------------------------------------------------
> The request for damages with respect to the CFAA
> is aimed at John Doe, not Cary.
>
> It was Doe who purportedly violated the CFAA and
> forwarded the document. He's the one at risk.

There is a lot of misunderstanding on this forum about what is going on.

Cary is only named as the owner of the site, for purposes of issuing the court order to take down the material.

But I still believe they don't have any grounds to order it taken down. The school system only wants it taken down to avoid embarrassment. The file has been disseminated widely at this point, and ordering this specific site to remove the material is prejudicial and onerous.

In fact, shouldn't Cary have a right to demand compensation for the expense of removing the material, due to Fairfax County Public School's failure to properly secure this material in the first place? I would think any legal expenses he incurs should be their responsibility, at the very least.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: ROCKO MEATS ()
Date: December 21, 2012 11:13PM

Fairfax County Schools 2 slices short of a loaf, gotta luv this future cover-up.Jack Dale should be terminated without cause.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: _Eyedea_ ()
Date: December 21, 2012 11:19PM

r we all gettin subpenised?

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Fart sauce ()
Date: December 21, 2012 11:25PM

You folks are missing the bigger question here. Who the heck is Ben the moderator?!!?

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Date: December 22, 2012 12:06AM

Cary did you verify that there are actually 2166 names in the uploaded pdf file as stated in the "Mandatory Temporary Restraining Order as found on this page:Fairfax County School Board v. John Doe and Cary Wiedemann? The original poster had stated that it was a 2166 page file of Fairfax HS students(as opposed to 2166 student names) and didn't mention the actual number of students. I don't know the total number as I never personally open the file, however, if in fact there aren't 2166 students then the Restraining Order is actually invalid based on a technicality.

Disclaimer: I am not an actual attorney but I have some experience in getting off on a technicality.


file.php?2,file=77328,filename=were+ther


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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: meh ()
Date: December 22, 2012 12:09AM

Eli Attorney At Law Wrote:
-------------------------------------------------------

>
> Disclaimer: I am not an actual attorney but I have
> some experience in getting off on a technicality.


classic

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Tag! You're it! ()
Date: December 22, 2012 12:12AM

Fart sauce Wrote:
-------------------------------------------------------
> You folks are missing the bigger question here.
> Who the heck is Ben the moderator?!!?

Since this is a democratically operated forum, we all take turns being Ben.

Since you asked, it's your turn to be Ben.

Send an e-mail to Cary requesting the log on credentials. He will also forward all the information for when you will need to appear in court on the site's behalf.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Kilton ()
Date: December 22, 2012 09:20AM

Wow, this Bluejay idiot might already be one of my favorite FFU posters of all time. Stupidity like that doesn't just grow on trees you know. A person has to work for it.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Priapus ()
Date: December 22, 2012 09:31AM

Opinions are like assholes, smokejay is an opinion.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: SRE ()
Date: December 22, 2012 01:20PM

This is still a weaker response than Donny G. created years ago...

smokejay needs to step up the game.

How can we call this a real incident without the same attention that hit this "blog"* for Boo's death or any time Meade eats.

* this is not a blog!

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: MrMephisto ()
Date: December 22, 2012 01:38PM

SRE Wrote:
-------------------------------------------------------
> * this is not a blog!

Jack Dale called it a blog, and according to the parents on here, he is a NAZI BROWNSHIRT. Who are you to correct him?

--------------------------------------------------------------
There is no such thing as innocence, only degrees of guilt.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Eastsider ()
Date: December 22, 2012 01:57PM

This information is relevant (from http://www.chillingeffects.org/johndoe/faq.cgi):


Question: Can an ISP or the host of the message board or chat room be held liable for defamatory of libelous statements made by others on the message board?

Answer: No. Under 47 U.S.C. sec. 230(c)(1): "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." This provision has been uniformly interpreted by the Courts to provide complete protection against defamation or libel claims made against an ISP, message board or chat room where the statements are made by third parties. Note that this immunity does not extend to claims made under intellectual property laws.


Question: Can my ISP or the host of a message board be held liable for defamatory statements I make on the grounds that they are a "publisher" or "republisher" of the information?

Answer: No. Federal law provides: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider." This has been interpreted to protect hosts of discussions between other people against defamation and libel claims as a "republisher" of the information. Note that this protection does not extend to claims under intellectual property laws.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Not at all relevant ()
Date: December 22, 2012 02:09PM

Eastsider Wrote:
-------------------------------------------------------
> This information is relevant (from
> http://www.chillingeffects.org/johndoe/faq.cgi):
>
>
> Question: Can an ISP or the host of the message
> board or chat room be held liable for defamatory
> of libelous statements made by others on the
> message board?
>

There is nothing about the current legal proceedings that has anything to do with libel or defamation.

This site, and the owner, are not parties to anything other than an order to remove content. Any legal action is going to be taken against whoever obtained the material without permission, and this site is not a party to that.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Eastsider ()
Date: December 22, 2012 02:18PM

While the material is not libel or defamatory, my point is that I believe the law does not allow Cary to be held liable (as the curator of FU) for information posted by a third party. "FairfaxLeaks" bears this responsibility.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Not at all relevant ()
Date: December 22, 2012 02:35PM

Eastsider Wrote:
-------------------------------------------------------
> While the material is not libel or defamatory, my
> point is that I believe the law does not allow
> Cary to be held liable (as the curator of FU) for
> information posted by a third party.
> "FairfaxLeaks" bears this responsibility.


Yeah, no question. I don't understand why people believe this has anything to do with Fairfax Underground, legally.

Cary is a third-party in the take-down order. The order is actually directed at the "John Doe", but since Cary is the only one who has the power to remove the content, he is named in the court order.

His only legal risk is if he refuses to obey the court order.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Nota Lawyer ()
Date: December 22, 2012 03:06PM

Not at all relevant Wrote:
-------------------------------------------------------
> ...Any legal action is going to be taken against
> whoever obtained the material without permission...

If the material was simply left on a PC or laptop that the original poster of the material was properly given access to or even loaned, then the "without permission" goes right out the window.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Not at all relevant ()
Date: December 22, 2012 03:12PM

Nota Lawyer Wrote:
-------------------------------------------------------
> Not at all relevant Wrote:
> --------------------------------------------------
> -----
> > ...Any legal action is going to be taken
> against
> > whoever obtained the material without
> permission...
>
> If the material was simply left on a PC or laptop
> that the original poster of the material was
> properly given access to or even loaned, then the
> "without permission" goes right out the window.


There still can be legal action, if the person was authorized to view or access the file but has signed a non-disclosure agreement (or if it is implied as part of being employed by FCPS or using their network.)

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Nota Lawyer ()
Date: December 22, 2012 03:35PM

Not at all relevant Wrote:
-------------------------------------------------------
> > If the material was simply left on a PC or
> laptop
> > that the original poster of the material was
> > properly given access to or even loaned, then
> the
> > "without permission" goes right out the window.
>
>
> There still can be legal action, if the person was
> authorized to view or access the file but has
> signed a non-disclosure agreement (or if it is
> implied as part of being employed by FCPS or using
> their network.)

I was thinking student with legal access to the computer like a loaner. Though I have a kid in FCPS I have no clue if kids sign anything like a nondisclosure (I would think, if anything, what they sign is "I won't misbehave with this and I'll return it in the same condition"...but I don't know.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Gordon Blvd ()
Date: December 22, 2012 05:27PM

@Cary - you, sir, are AWESOME! As a parent of kids in FCPS, I can tell you I'd prolly FREAK if this happened to them and I was ignorant as to the reality of the underground, and was only listening to the media hype.
Dont hate the County so much - just think of all the phonecalls Gatehouse has been dealing with over this LoLz

stand yr ground - as you've done no crime

to the OP who put out this stuff - yr still a asswipe

@meeper - sweet pic

@all those who see this as an "invasion of privacy" - um, hate on the asswipe who put it out there, not on the technology that makes it possible. Going after Cary for this is like blaming AT&T for obsene phone calls.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Date: December 22, 2012 05:30PM

Gordon Blvd Wrote:
-------------------------------------------------------
> Going after Cary for this is like
> blaming AT&T for obsene phone calls.


Fuck AT&T

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: APorIBMom ()
Date: December 22, 2012 07:55PM

Several posters have asked about the security of the FCPS computer system. I do not know how secure it is in 2012, but FCPS historically was unwilling to acknowledge that its computer system security could be improved.

Around 2001, I knew some middle school students who were proud of their ability to hack into the FCPS system and change their and other students' grades. Instead of changing their grades, some of these students told a few adults that the system needed to be fixed.

I called the FCPS department of information technology, explained what I'd been told, and suggested that FCPS improve its computer security. I spoke to an employee who was adamant that it was impossible for anyone, let along a mere middle school student, to hack into the FCPS computers. I gave up. About five years later, two seniors changed their grades and were disciplined.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Not at all relevant ()
Date: December 22, 2012 10:31PM

Nota Lawyer Wrote:
-------------------------------------------------------
>
> I was thinking student with legal access to the
> computer like a loaner. Though I have a kid in
> FCPS I have no clue if kids sign anything like a
> nondisclosure (I would think, if anything, what
> they sign is "I won't misbehave with this and I'll
> return it in the same condition"...but I don't
> know.

If it was a student, I have a feeling the best they'll be able to do is suspension or expulsion.

How screwed up are they if they are giving students and teachers access to the same computers? Might as well be giving students access to the teacher's copy of textbooks.

I know of schools where every student and teacher is given a laptop, and there are pools of loaner laptops in case someone's laptop is lost or damaged. The teacher laptops and replacement pool is totally different from the student laptops and replacement pool. A student possessing a teacher's laptop would be treated like a student who possessed a teacher's copy of a textbook.

Teacher laptops have software that can control and monitor student laptops while in class, and are the only ones that can access administrative network shares or resources, via VPN and hardware level authentication (including fingerprint reader).

And these weren't very sophisticated school systems, but just that alone is a pretty secure setup that would avoid stuff like this.

FCPS should be ashamed of themselves, but instead they are trying to misdirect the anger towards FFXU.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: redirection ()
Date: December 22, 2012 10:37PM

Not at all relevant Wrote:
-------------------------------------------------------

> FCPS should be ashamed of themselves, but instead
> they are trying to misdirect the anger towards
> FFXU.


After the concerned parents visit this site and read everything and how it played out, they will realize exactly what the FCPS are trying do and that is not get a huge class-action lawsuit brought against them. I am sure that some attorney who is trying to make a name for himself will probably take up the case against FCPS in a lawsuit. It's only a matter of time.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Nota Lawyer ()
Date: December 22, 2012 10:45PM

Eli Attorney At Law Wrote:
-------------------------------------------------------

>
> Disclaimer: I am not an actual attorney but I have
> some experience in getting off on a technicality.
>




+1

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: John Doe ()
Date: December 23, 2012 12:03AM

UH-OH!!!1!!

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: John Doe ()
Date: December 23, 2012 01:11AM

I really don't appreciate my name being involved in all of this, i had nothing to do with it.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Faroe ()
Date: December 23, 2012 09:42AM

Gordon has offspring? I'm scared...



Gordon Blvd Wrote:
-------------------------------------------------------
> @Cary - you, sir, are AWESOME! As a parent of
> kids in FCPS,

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Gordon Blvd ()
Date: December 23, 2012 10:08AM

@Faroe - no, yr butthurt. there's a difference. LoLz

@Jane -you've been getting around lately, havent you? http://abcnews.go.com/Blotter/feds-bust-jane-doe-child-porn/story?id=18030002#.UNcd63d9SYQ

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Legal Collar ()
Date: December 23, 2012 10:13AM

Funny how this GordonBlvd just loves butthurt....brings it up ALL the time.

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it's the only logical reason why ppl would even be THINKING of me that I can come up with.................
Posted by: Gordon Blvd ()
Date: December 23, 2012 01:10PM

LegaL, you are the ONLY one "noticing" anything about my butt LoLz

and here's why, people

http://www.youtube.com/watch?v=wDoIM1dRzGo


LoLz

Options: ReplyQuote
Re: it's the only logical reason why ppl would even be THINKING of me that I can come up with.................
Posted by: Jonny Willems ()
Date: December 23, 2012 03:26PM

Gordon Blvd Wrote:
-------------------------------------------------------
> LegaL, you are the ONLY one "noticing" anything
> about my butt LoLz
>
> and here's why, people
>
> http://www.youtube.com/watch?v=wDoIM1dRzGo
>
>
> LoLz

U havin a giggle m8? Dats disgustin u Kunt, meet me at da bus stop and il bust your noggin' bitch

Options: ReplyQuote
Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: FCPS IT Security ()
Date: December 23, 2012 10:46PM

There is a relatively low number of people who would have access to that information. First off, while you can use any FCPS computer to get into the grading/attendance software, you need to login to the system as an employee to get access to the drive that contains said software (the software is loaded on a central server rather than the individual computers). Second, ordinary teachers do not have access to the central records database for their school (and only people at the Cluster level or higher can access information from multiple schools). You need to obtain a special login, that requires going to a three-hour class and signing your life away to get access to your school's central database.

Even then, different people have different levels of access depending on their roles in the school. For example, the attendance secretary can get into attendance, but not discipline records. The discipline secretary can change discipline records, but can't change a kid's schedule. That being said, if you include all the administrators, counselors, secretaries, department chairs, etc. that have access to this stuff, the number of people who could have sent this out is probably around 40 people.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Better round them all up ()
Date: December 23, 2012 10:56PM

FCPS IT Security Wrote:
-------------------------------------------------------
> that have access to this stuff, the number of
> people who could have sent this out is probably
> around 40 people.


Then the safest thing to do would be to fire all 40 people, file charges against every single one of them, and then the school board can wash their hands of the whole fiasco and let the Commonwealth's attorney sort it all out.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Atom ()
Date: December 24, 2012 02:48AM

And it couldn't be some kid who found out how to exploit the system?

How many of those 40 school employees who have access store their passwords on a piece of paper or word file? I'm sure there are a billion vulnerabilities in the school system motivated persons could exploit.

Seems like Fairfax is exposing our children to all kinds of potential troubles. What if the perpetrator was instead interested in identity theft or something more sinister?

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Just sayin... ()
Date: December 24, 2012 09:42AM

Ok, so legally, FCPS has no leg to stand on. Cary can fight this, and he probably will win on the free speech issues.

And yes, FCPS is responsible for their computer system's shitty security in letting the information leak out.

Still, if I was a FCPS student (I'm not...I'm a 45 year old college graduate/IT professional), I'd be pissed that Cary allowed this post to stay, because why is the free speech issue more important than a student's privacy?

Just because something is legal, doesn't make it right. This is pretty much the same as if the original John Doe had sent copies to the Washington Post, and they printed it in the newspaper.

Just because something's legal doesn't make it moral. Some douchebag hacked the FCPS system and got hold of the grades of 2166 students, and posted them. Hiding behind free speech to allow this information to continue to propagate is just another douchebag move.

And just because you WANT to know information doesn't mean you're entitled to know it.

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: I still believe... ()
Date: December 24, 2012 12:03PM

I've still got a feeling that if the records weren't maliciously released by an employee that was released by a FCPS employee's son or daughter. I remember years ago and I'm talking like 20 years ago when computers were starting to come around when our whole class was given the teachers access password by another student who's parent(who was an school employee) had access and he knew the password. Back then, this was at Floris Elemntary, but back then the same login and password was used for all teachers. But anyways I really do believe that a teachers kid is the one who accessed and released this information thinking it would be funny(or whatever). I also know from friends of mine that some kids who had teachers who worked at the schools, would hang out in the teacher's classroom waiting for a ride home. The teacher/parent wasn't always in the room with them because they may have been taking care of stuff or had meeting, etc, after school which would leave the son/daughter easy access and plenty of time to access the file in question.


p.s my bad this shit is kinda lengthy

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Atom ()
Date: December 24, 2012 02:24PM

Empathy anyone?
It would be harder to label anyone involved as an asshole if the kids names were removed.

Justsayin

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: justsayin 2 ()
Date: December 24, 2012 02:36PM

Atom Wrote:
-------------------------------------------------------
> Empathy anyone?
> It would be harder to label anyone involved as an
> asshole if the kids names were removed.
>
> Justsayin


But they weren't removed.

Justsayin

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Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: ConcernedNeighbor ()
Date: December 28, 2012 11:07AM

My kids go to Fairfax High. I'm not too worried about the disclosure. My kids have pretty good grades. I blame FCPS and Fairfax High, not FFXU or Cary.

Options: ReplyQuote
Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Concerned FFX Parent ()
Date: December 28, 2012 11:33AM

ConcernedNeighbor Wrote:
-------------------------------------------------------
> My kids go to Fairfax High. I'm not too worried
> about the disclosure. My kids have pretty good
> grades. I blame FCPS and Fairfax High, not FFXU
> or Cary.

Agreed. Parents should be suing Fairfax county schools and the School Board for allowing the public such easy access to students grades. This site is a small symptom exposing a broader problem. Suing this site is a waste of taxpayer dollars chasing a ghost out of a bottle.

If students grades can easily be obtained like this I wonder what else student private data is exposed.

Student medical records? Student disciplinary actions? Teacher comments?

Options: ReplyQuote
Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: TaxedPayer ()
Date: December 28, 2012 11:39AM

As a tax payer in Fairfax I have a right to see the grades of the students I support through my tax dollars.

Options: ReplyQuote
As a SHITHEAD, you seem to feel some need to check out kiddies grades?
Posted by: Gordon Blvd ()
Date: December 28, 2012 11:54AM

TaxedPayer Wrote:
-------------------------------------------------------
> As a tax payer in Fairfax I have a right to see
> the grades of the students I support through my
> tax dollars.


Same jackass logic would mean the Springfield grouper has the right to touch women in public because of support of the sidewalk through tax dollars. SHUT THE FUCK UP WITH THAT BULLSHIT!

Options: ReplyQuote
Re: As a SHITHEAD, you seem to feel some need to check out kiddies grades?
Posted by: TaxedPayer ()
Date: December 28, 2012 11:56AM

Gordon Blvd Wrote:
-------------------------------------------------------
> TaxedPayer Wrote:
> --------------------------------------------------
> -----
> > As a tax payer in Fairfax I have a right to see
> > the grades of the students I support through my
> > tax dollars.
>
>
> Same jackass logic would mean the Springfield
> grouper has the right to touch women in public
> because of support of the sidewalk through tax
> dollars. SHUT THE FUCK UP WITH THAT BULLSHIT!

Is a Springfield Grouper some sort of fish? Perhaps someone should have been looking over your grades when you were in school so you have learned how to spell.

Options: ReplyQuote
­
Posted by: chuckhoffmann ()
Date: December 28, 2012 12:08PM

­



Edited 3 time(s). Last edit at 03/04/2013 02:55PM by chuckhoffmann.

Options: ReplyQuote
Grammatik macht frei! LoLz
Posted by: Gordon Blvd ()
Date: December 28, 2012 12:45PM

TaxedPayer Wrote:
-------------------------------------------------------
> Is a Springfield Grouper some sort of fish?
> Perhaps someone should have been looking over your
> grades when you were in school so you have learned
> how to spell.


correcting Gordon Blvd on typos..............

how original...................how innovative...................

pic unrelated
Attachments:
24047175.jpg

Options: ReplyQuote
Re: Grammatik macht frei! LoLz
Posted by: FCPS English teacher ()
Date: December 28, 2012 01:20PM

Gordon Blvd Wrote:
-------------------------------------------------------
> TaxedPayer Wrote:
> --------------------------------------------------
> -----
> > Is a Springfield Grouper some sort of fish?
> > Perhaps someone should have been looking over
> your
> > grades when you were in school so you have
> learned
> > how to spell.
>
>
> correcting Gordon Blvd on typos..............
>
> how original...................how
> innovative...................
>
> pic unrelated

You're grammar is'nt very good.

Options: ReplyQuote
Re: Grammatik macht frei! LoLz
Posted by: Real FCPS English Teacher ()
Date: December 28, 2012 01:30PM

FCPS English teacher Wrote:
-------------------------------------------------------
> Gordon Blvd Wrote:
> --------------------------------------------------
> -----
> > TaxedPayer Wrote:
> >
> --------------------------------------------------
>
> > -----
> > > Is a Springfield Grouper some sort of fish?
> > > Perhaps someone should have been looking over
> > your
> > > grades when you were in school so you have
> > learned
> > > how to spell.
> >
> >
> > correcting Gordon Blvd on typos..............
> >
> > how original...................how
> > innovative...................
> >
> > pic unrelated
>
> You're grammar is'nt very good.


Your grammar isn't very good either.

Options: ReplyQuote
Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Cary ()
Date: December 28, 2012 05:17PM

Date: Fri, 21 Dec 2012 15:07:31 -0500
Subject: Re: Fairfax County School Board v. John Doe and Cary Weidemann
From: Cary W [cary@fairfaxunderground.com]
To: "Rewari, Sona" [srewari@hunton.com]
Cc: "Cawley, Tom" [tcawley@hunton.com]

Hello again Sona,

Thank you providing an emailed copy of the Temporary Preliminary
Injunction. I intend to comply with this order immediately. However, in
doing so, I must alter the original post in order to remove the offending
content. Doing this may materially damage the evidence contained therein,
so I must be very careful to preserve all existing data before making any
alterations.

I am performing a full backup of the existing database now, for absolute
record preservation, and will comply with the injunction as soon as it is
feasible to do so without possibly destroying evidence.

I expect to be in full compliance of this order no later than 5:00pm EST
today.

If you can, please mail a copy of the original court order to:

Cary Wiedemann
Fairfax Underground
8665 Sudley Rd #167
Manassas, VA 20110

If you have any further questions or requests please don't hesitate to ask.

Thanks and enjoy!

- Cary Wiedemann
--Curator, FairfaxUnderground.com
+1 703 592 6498

Options: ReplyQuote
Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Cary ()
Date: December 28, 2012 05:22PM

Subject: Fairfax County Public Schools v. John Doe a/k/a "Fairfax Leaks," and Cary Wiedemann - Pleadings Filed 12-28-2012
Date: Fri, 28 Dec 2012 15:58:44 -0500
From: "Watson, Daniel L." [dwatson@hunton.com]
To: "Cary Wiedemann" [cary@fairfaxunderground.com]
Cc: "Rewari, Sona" [srewari@hunton.com]
X-OriginalArrivalTime: 28 Dec 2012 20:58:51.0730 (UTC) FILETIME=[23F05B20:01CDE53E]

Mr. Wiedemann:

Attached please find your service copies of pleadings filed today on behalf of Fairfax County Public Schools, as well as your courtesy copy of a transmittal letter to Judge Hilton.

A set of these documents is also be sent to you through the U.S. mail.

Please let me know if you have any problems in opening any of the attachments.
Thank you.

Dan Watson
Sr Professional Assistant
dwatson@hunton.com

Hunton & Williams LLP
1751 Pinnacle Drive
Suite 1700
McLean, VA 22102
Phone: (703) 714-7458
Fax: (703) 714-7410
www.hunton.com

edit by Cary: Changed email address delimiters from "<>" to "[]" so they will not be interpreted as HTML



Edited 1 time(s). Last edit at 12/31/2012 04:17PM by Cary.
Attachments:
Motion for Extension of TRO.pdf
Brief in Support of Motion for Extension of TRO.pdf
Exhibit 1.pdf
Exhibit 2.pdf
Exhibit 3.pdf
Exhibit 4.pdf
Exhibit 5.pdf
Notice of Hearing on Motion for Extension of TRO.pdf
2012-12-28 Letter to Judge Hilton.pdf

Options: ReplyQuote
Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: strat ()
Date: December 29, 2012 01:33PM

Cary,
I just sent you an email. I've been doing the Internet security thing for about as long as there has been a commercial Internet and know some people and resources you might find helpful. Would be happy to make introductions if you need some.

Options: ReplyQuote
Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Jolly Roger ()
Date: January 02, 2013 11:28PM

Cary, any updates? what was the result of the pleadings filed on dec 28th?

Options: ReplyQuote
­
Posted by: chuckhoffmann ()
Date: January 03, 2013 11:11AM

­



Edited 1 time(s). Last edit at 03/04/2013 02:54PM by chuckhoffmann.

Options: ReplyQuote
Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Old FCPS Student ()
Date: January 03, 2013 12:40PM

Wait! I graduated, just barely, from an FCPS high school back in the early 60s. I wonder if I could get someone to go back in and change my grades, then maybe I could get accepted at a good college, something other than NOVA. Course, at this point, wouldn't make much difference, since I'm retired.

Options: ReplyQuote
­
Posted by: chuckhoffmann ()
Date: January 19, 2013 03:16PM

­



Edited 1 time(s). Last edit at 03/04/2013 02:56PM by chuckhoffmann.

Options: ReplyQuote
Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: county courthouse ()
Date: January 19, 2013 04:21PM

chuckhoffmann Wrote:
-------------------------------------------------------
> Well, Fairfax County School Board v. John Doe and
> Cary Wiedemann didn't show up on the schedule for
> January 18th. Either the matter's been settled, or
> rescheduled.


You didn't really expect it to go on the first scheduled date did you? Maybe the third or fourth.

Options: ReplyQuote
Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: Ed Realtor ()
Date: January 19, 2013 05:24PM

I'm assuming FFX county School Board came to their senses and realized how embarrassing a trial would be for FCPS and dropped the case. Can you imagine the news media bringing this subject back up.

Options: ReplyQuote
Re: Fairfax County School Board v. John Doe and Cary Wiedemann
Posted by: oledukefromwayback ()
Date: January 19, 2013 06:01PM

Give em hell cary

Options: ReplyQuote
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