Cops Deflect Digital Damages.

I received a letter from the Columbia Boro cop's lawyer threatening legal action if I don't give up my 1st amendment rights. You can read the letter from the Columbia Boro cop's lawyer by clicking here. Essentially, they want me to not investigate any stories that might result from what was on their computer. The letter has zero basis in law.

The cops better answer a few questions that the public has a right to know:

1) Do you know where the other computers are located?
2) How many unauthorized people have accessed the cop’s computers due to the lax policies?
3) How are Sgt. Meyers and other boro employees going to be punished for their egregious behavior?
4) What steps are being taken to ensure that the public’s privacy is protected?

Here’s how I responded to their letter:

UPDATE: All is well! We are not going to court!

February 3, 2007

Ronald P. Harper, Jr.
One Harper Lane
Stevens, Pennsylvania 17578

Neil L. Albert
Zimmerman, Pfannebecker, Nuffort & Albert
342 Walnut Street
Columbia, Pennsylvania 17512

Dear Neil,

I was shocked to see your letter threatening me with legal action because of my story, “Police Pilfer PC”.

To begin with, you characterized my story of the cop stealing the computer as “alleged misuse of a computer belonging to the Columbia Borough Police Department”. Isn’t it ironic that you characterize Sgt. Meyers’ abuse of the authority that was entrusted in him as “alleged” but you are so sure that I am breaking the law that you threaten legal action? Am I to assume by your use of “alleged” that the boro has white-washed Sgt. Meyers’ actions? This is why the public needs to know about the abuse by Columbia Boro Police and why I advised the whistle blower to then take the computer to the District Attorney for prosecution.

This is why 5thEstate.com receives tips from citizens every day. They don’t trust the system. Would this story ever seen the light of day had it not been given to 5thEstate.com first? Obviously not as evidenced by your trying to shut the gate after the cow got out. Average “Janes and Joes” know that 5thEstate.com has the courage to shine the light on corruption no matter whose “ox gets gored”!

I notice that you don’t cite the law that you claim I am breaking. That’s for good reason – there is none! The Pennsylvania Criminal History Report law that Sgt. Meyer and the Columbia Boro violated is very specific about who the law applies to:

Ҥ 9103. Applicability.

This chapter shall apply to persons within this Commonwealth and to any agency of the Commonwealth or its political subdivisions which collects, maintains, disseminates or receives criminal history record information.”

That law CAN’T apply to a member of the media! For sure it applies to ALL police! I couldn’t have the information you want me to give you if your Sgt. Meyers hadn’t broken the law! Instead of being zealous to attack a member of the media, I suggest that you turn that zeal toward discovering if any other members of the Columbia Boro Police have violated the privacy of citizens. Does the boro have ALL the computers accountable? Do only trained and legally-allowed persons have access to the police computers? Turn your zeal toward writing a new policy that will ensure that the boro police won’t break the law that you wrongly accuse me of breaking!

Just who is the law breaker and who is helping to bring justice to the victims of Sgt. Meyers’ actions is very clear. I accompanied the whistle blower and the police computer to the District Attorney’s office and gave a report of my interviews with the Chief of Police and Sgt. Meyers. Additionally, I provided the names and phone numbers of the other witnesses that I interviewed as part of my investigation. Your time would be better spent instructing the boro police on privacy matters than on a legal action against the messenger and whistle blower!

What shocks me most about the letter is that you are a card-carrying member of the American Civil Liberties Union (ACLU)! Sickeningly you claim that you “…are not attempting to interfere with your protected First Amendment rights.” That’s exactly what you are doing when you demand that I stop “dissemination of information” and also demand that I give the information “…which you have in your possession”!

As the former head of the Lancaster’s ACLU, you must be familiar with the Pentagon Papers. Imagine that these TOP-SECRET papers were going to be published by the New York Times! The Supreme Court ruled that the newspaper could print these secret papers! How can you possibly believe that you could get a court to rule that a Columbia Boro Police computer is somehow greater than the secrecy of the Pentagon Papers? I hope that you don’t think the court will buy some “vague harm” argument. Outrageous!

Finally, you threaten that if I don’t meet your demands, you will take me to the “Court of Common Please [sic] of Lancaster County”. Well I will see your court of common pleas and raise you the United States Federal Court in Philly! Specifically, I will ask a Federal Judge to grant me an emergency TEMPORARY RESTRAINING ORDER! At the TRO hearing, your vague references to “…possibly other laws.” won’t work. You’ll be arguing that a Columbia Boro Police Computer is more important that the Pentagon Papers! Good luck with that one!

I will look for your letter apologizing for threatening my 1st Amendment rights or look for you in Philly. Your call.

Sincerely Yours,

Ronald P. Harper, Jr.
Publisher, 5thEstate.com