Saturday, September 26, 2015

Dance Harder Bitches

Posted By: ZiLe Ohai - September 26, 2015

Part of Retzlaff's contempt of court trial on Thursday dealt with Retzlaff's motion to quash a subpoena that would allow ViaView access to records for Retzlaff's suspended WordPress blogs.

The judge ruled against Tommy...again.

So in a few weeks all records for BVfiles, McGibneyFiles and ViaViewfiles will be in the hands of Bullyville aka James McGibney. Those blogs were suspended for posting death threats, threats of violence and personal information in violation of WordPress terms of service. 

The subpoena was issued as a result of Retzlaff's contempt violation which makes the records request a criminal matter rather than a civil one. Records expected will include user accounts, email addresses, IP addresses and much more! 

That has some individuals, regular commenters and contributors to Retzlaff's blog, a little nervous and backstepping as fast as they can. Evidence of individuals working together could fall under California's Penal code on Conspiracy. Down below you can see excerpts from Wordpress' policy on subpoenaed information. 

As for all the Retzlaff Irregulars...Dance harder bitches.                    
The crime of Conspiracy pursuant to California Penal Code Section182 PC requires a prosecutor to prove the following elements:
  • The defendant intentionally entered into an agreement with another person or persons to commit a crime. 
  • The defendant committed an overt act in furtherance of this agreement. has certain information from users and commenters. The following is a summary of the information that we may collect and store.

1. Basic account information, such as:
  • Username
  • Email address
  • Name
  • Phone number
2. Transaction and/or billing information (if upgrades have been purchased).

We will generally retain the above information until changed or removed by the user (if it’s possible to do so). We also collect log data, which may include a user’s IP address, browser type, operating system. We keep this information for up to 30 days as a matter of course.

3. Site creation, posting, and revision history information, such as:
  • The date and time (UTC) at which a site was created
  • The IP address from which a site was created
  • IP address and user-agent for a post or revision

We may retain the above information, even if a site or post is deleted.

4. Information on commenters on sites.

We retain commenter information until the site owner of the site on which the comment appears deletes the comment.

...we can provide the first and last names, phone number, email address currently assigned to a site owner, the date/time stamped IP address from which a site was created, the physical address, and the PayPal transaction information to government agencies/law enforcement upon receipt of a valid subpoena.

Except in emergencies, we require a court order or a warrant before providing additional IP addresses or information relating to a specific post or a specific comment.

We require a warrant before disclosing content of user communications to government agencies/law enforcement. We also require a warrant before providing any non-public content information (such as private or draft post content, or pending comments).

As permitted by US law, we may disclose user information to the government or law enforcement, without a subpoena or warrant if we have a good faith belief that an emergency (danger of death or serious physical injury) requires disclosure of information related to the emergency without delay.

About ZiLe Ohai

Hi, yes it is really me, ZiLe!

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