Ms. Ostergren:
You have now posted on your website a deed containing the social security numbers of Secretary of State Kurt Browning and his wife Kathy Browning. You state on your web site, among other
things, “. . . it ha[s] come to this – if the Sec. of State is hell bent on showing people’s SSNs, then his and wife’s [sic] are here for the world to see on his own PUBLIC records.” (Emphasis in original)
You do not have Mr. or Mrs. Browning’s consent to use their social security numbers for any purpose. Further, it is clear that you are disclosing the social security numbers for purposes of
harassment.
Accordingly, we believe your publication of these social security numbers violates the following sections of Chapter 817,
Florida Statutes:
(2)(a) Any person who willfully and without authorization fraudulently uses, or possesses with intent to fraudulently use, personal
identification information concerning an individual without first obtaining that individual's consent, commits the offense of fraudulent use of personal identification information, which is a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
. . .
(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, punishable as provided in s. 775.082 or s. 775.083.
(5) If an offense prohibited under this section was facilitated or furthered by the use of a public record, as defined in s. 119.011, the offense is reclassified to the next higher degree as follows:
(a) A misdemeanor of the first degree is reclassified as a felony of the third degree.
Please remove the referenced social security numbers from your web site immediately. If you do not, you will be subject to action by law enforcement.
Lynn C. Hearn
General Counsel
Florida Department of State
R.A.
Gray
Building
500 South Bronough Street
Tallahassee,
FL 32399-0250
(850) 245-6536
From: The Virginia Watchdog [mailto:watchdog@opcva.com]
Sent: Friday, September 21, 2007 1:45 PM
To:
Hearn, Lynn C.
Subject: Re: Misuse of Social Security Numbers
Please see the latest article on my website. I am dealing with PUBLIC RECORDS and I got Sec.
Browning's record off a PUBLIC website.
I told that young lady that the Sec continues to spoon feed criminals many people's SSNs which remain on the UCCs and that the site should be shut down until ALL SSNs are
removed. But since y'all are hell bent down there in Florida to have SSNs online then here's Browning's and wife's on a PUBLIC RECORD which I do have a FIRST AMENDMENT right to publish - the same way y'all are publishing PUBLIC records called UCCs with SSNs on them.
I've downloaded too many to count off that Florida UCC search site which should only have an INDEX on it (and not images) and even though I've had my fingertips on millions at a time when I go into websites, I've only downloaded or printed out over 20,000 from all over the country. I'm just trying to get
public officials to quit being stupid by putting records on the World Wide Web that contain personal info. So I publish big wheels' records.
If you want to see Jeb Bush's click on the link on the front page of my site
where it says his name. Or the previous CIA Director's. Or some other
Florida big wheels' PUBLIC records. They all have SSNs on them and I got them off public websites put online by
Florida elected officials...or in Browning's case, "appointed."
As General Counsel,
I'm sure you know that a PUBLIC record is just that....PUBLIC. Please don't threaten me with this garbage you have written me. Bigger wheels
than you have tried and failed also.
However, you people should be more concerned about all the private citizens's SSNs that are on records still on Browning's UCCs and you should be concerned about other
Florida officials like Court Clerks spoon feeding criminals.
Your "willful and without authorization" B.S. doesn't concern me in the least. His and Kathy's SSNs are on a
PUBLIC RECORD that I have chosen to publish.
Also concerning the "with intent to fraudulently use"...There
is no intent to fraudulently use the PUBLIC RECORD. I'm just publishing a PUBLIC RECORD and exercising my First Amendment rights.
Sorry, but he'll have to deal with his public record being online. Do him a favor and tell him to go to the
Pasco
County website and get the SSNs removed off TWO DOCs there. I have only shown one because on the other one one of the SSNs had been blacked out. It just goes to show you REDACTION doesn't work but yet state and County officials continue to put people in harm's way by publishing these public records
online. I think if people want to see the records, they should have to drive to the COURTHOUSE or the Sec.'s OFFICE. It was a big mistake to allow the UCCs to be centralized anyway. They used to enjoy some "practical obscurity" at the courthouse. Not anymore.
Bottom line: I don't need his permission - or anyone else's - to publish his PUBLIC RECORD.
BJ Ostergren, Founder/Publisher of The Virginia Watchdog
----- Original Message -----
Sent: Friday, September 21, 2007 11:31 AM
Subject: Misuse of Social Security Numbers
Ms. Ostergren:
I have been advised by Amy Woodward, Executive Assistant to Florida Secretary of State Kurt Browning, that you informed her you have obtained the social security numbers of Secretary Browning and his wife and intend to post them on your web site.
I write to caution you that such conduct would violate Section 817.568, Florida Statutes, which makes it felony to:
“willfully and without authorization fraudulently use[], or possess with intent to fraudulently use, personal identification information concerning an individual without first obtaining that individual’s consent.”
Your representation, by itself, that you intend to post the social security numbers on your web site likely already constitutes a violation of this section and other provisions of
Florida law. Therefore, you may currently be subject to prosecution and will certainly be subject to prosecution if you take any additional steps toward carrying out this threat.
Please govern yourself accordingly.
Lynn C. Hearn
General Counsel
Florida Department of State
R.A.
Gray
Building
500 South Bronough Street
Tallahassee,
FL 32399-0250
(850) 245-6536
