by Dennis Sommese.
KEEP YOUR HEAD WHEN ALL ABOUT YOU LOSE THEIRS
The current WEB or INTERNET is filled with OPPORTUNITY for FUN, PROFIT, EDUCATION, and ABUSE.
The consumer can Google or Bing your way across the Internet with MILLIONS of bits of information.
This is truly an area of BUYER BEWARE.
As an Attorney, Legal Advocate, Retired Military Officer and Consumer the opportunity for ABUSE almost outweigh the usefulness.
There is equal opportunity in this media for both incredibly benevolent acts of selfless courage and Goodness.
In contrast, there can be HIDEOUS, RUTHLESS, MALICIOUS AND VILE animosity toward Groups and Individuals alke.
But there is a Wonderful Protection from this in THE LAW especially for those who are truly meritorious and deserving of PROTECTION.
FOLLOW THE RULES
I follow the rules. I have 5 Awards of the Army Commendation Medal to Prove that Fact. I went to Class. I did my homework. I passed the Bar Exam. I am Retired US Army Judge Advocate General's Corps. I paid all my school loans. Praise the Lord.
A False Apparition (google) to frighten you for the sake of your own salvation. Engage in single combat to defeat your Dragon adversary. But don't Tilt with Windmills. Have the good sense to know which is which.
HIGH JAG ETHICAL CODE - ATTORNEY CLIENT PRIVILEGE
JAG Corps has the Highest Ethical Code of Any Lawyer or Attorney On Earth.
DESTROY THEIR LIE OF '95 AND THRIVE
Your Privacy and Records are Protected under the US Constitution, California Constitution and the IPA, under Civil Code 1798. Once corrected records are Sealed by a court, they are NO LONGER RELEVANT and may be DENIED as ever having existed at all. (PC 851.8). They are Sealed by the Attorney General and Court of Law.
Some records are Sealed by Operation of Law after a Dismissal and expiration of 5 or more years. They are completely EXTINGUISHED and expunged from all existance. It is as if the incident NEVER HAPPENED TO YOU. So even a Celebrity can deny it happened at all. You are protected by the same LAW that caused the mistake or incorrect incident in your life. [[See Federal Trade Commission’s Fair Credit Reporting Act (FCRA), 15 U. S. C. § 1661 et seq.; CA Civil Code (Consumer Credit Reporting Agencies Act) 1785.20.5, et seq., 1786 et seq.]]
DO NOT BE FOOLED BY EMAIL SCAMMERS. NO ONE CAN GET YOUR RECORDS UNLESS YOU GIVE YOUR AUTHENTICATED WRITTEN CONSENT. You have the right to PRIVACY by law. Under the Statutes above, even authenticated written consent is LIMITED TO TIME, PLACE, MANNER AND RELEVANCY. Few laws protect you so well and yet give you freedom to enjoy the fruits of your lawful pursuits.
Violations of these State and Federal laws protecting the Rights of Privacy may subject violators to both Criminal and Civil fines, penalties, and much more serious results. This is more than an issue of Identity Theft, Scamming, Defamation and Slander. This is abusive criminal deviant behavior at it's worst.
IT'S NOT RELEVANT BUT MAY BE LUCRATIVE
In May 2012, the EEOC of the United States has stated: Highlighing the distinction between Arrest and Conviction records, the EEOC finds the use of Arrest Records in making employment decisions is "ALMOST ALWAYS IMPERMISSIBLE." Because an Arrest is NOT always indicative of Criminal Conduct, a job or employment exclusion based SOLELY on an Arrest record is NOT JOB RELATED and is INCONSISTENT with Business Necessity. An Employer may, however, "make an employment decision based on the Conduct Underlying the Arrest IF THE CONDUCT MAKES the individual unfit for the position in question." It should be noted that if the Officials DISMISSED THE CASE, it may actually make the Individual look more INNOCENT. If you are an Employment or Labor Law Attorney, your Stock just went up.
IT'S NOT THEIR FAULT, THEY'RE STUPID
But the INTERNET is a different matter than Official Records. As an Attorney, I can charge you $20,000.00 to win your DUI case. Then, I can charge an additional $10,000.00 to have it EXPUNGED OR SEALED from all view by order of the Atrorney General and Court. It becomes IRRELEVANT and NON-EXISTANT. But that does not ERASE IT FROM THE INTERNET.
No State Legislature has dared to CHALLENGE THE INTERNET. There is a GAP in the LAW. It must be filled, corrected and sanctioned by the Courts, the Attorneys General and Legislature of Each state. To truly be CORRECTED, the RECORDS have to be ERASED from the INTERNET. This is what this CENTER FOR INTERNET FAIRNESS AND ACCURACY Advocates to you reading this today.
The United States has not yet foreseen the need to Police the Content of the Internet in a Global fashion. We are from a well respected tradition of FREE SPEECH. Even Free speech has LIMITATIONS. Other countries with less liberal Free Speech traditions have seen more need to Police the Internet.
When you see dozens of "hits" on any subject or person, there is bound to be one or more negative remarks. The purpose of the Center for Internet Fairness is to advocate an Agency to Regulate the Internet in such a way as to give the consumer a RELIABILITY RATING of the individual "hits."
When something is UNRELIABLE there should be a way for the CONSUMER to determine if this is of HIGH RELIABILITY or LOW RELIABLY TO BE IGNORED.
By having an INTERNET FAIRNESS CENTER, the Internet could REGULATE IT'S CONTENT and REMOVE or severely LIMIT the IMPACT OF FALSE, INACCURATE AND OUTDATED information.
In the LEGAL WORLD this is known as "CITE CHECKING."
We must have a CITE CHECK FOR THE INTERNET.
THOSE WHO WILL NOT GIVE MUTUAL RESPECT DESERVE NONE
You can achieve accuracy and correction.
There are Thousands of reasons a Google/Bing search may be wrong. Age of article, Lies, Deception, Petty Rivalries, Defamation, Libel, Slander, Unfair Market Competitors, Family Rivalry and Disputes, common corrupt jealousy, Petty politics.
There may be Thousands of reasons to ignore such Negative Remarks. Governmental Immunity, Governmental Security, Privacy rights of the parties, Privacy rights of Litigants, Judges, Juries and or Retirement or Death of Persons mentioned.
There is the further issue of FALSE LIGHT PRIVACY.
It is abusive of a Publisher or Media Editor to publish any article about a person or company knowing that it tends to place them in a False Light in the Public Eye.
SUE THE BASTARDS
General William Westmoreland, the hero of Viet Nam War, sued CBS news successfully years ago for just such a disparagement to his reputatin and character for $120 Million Dollars.
General William Westmoreland was the Commander of all US Forces in South Vietnam for most of that 8 years war. He was a 4 Star General. Westmoreland had been a West Point Graduate and a Career Army Officer.
Although retired, the disparagement is extremely humiliating to a Military Officer. The level of dedication and diligence to be an Army Professional is above and beyond the normal duties of the average American Citizen.
In Contrast, the media at CBS may not have served one hour in uniform in their entire life. To any Military Professional who willingly served in Uniform for an entire lifetime, the lack of respect by the Media is highly Inflammatory and worthy of contempt by the public against all Media.
Many Military professionals such as Westmoreland have never even had a traffic ticket in their 30 or 40 year career. To be abused and accused by such people is worthy of a complaint for damages. The media has a duty to check and double check their sources before publishing lies and defamation.
Much less understood and unknown is the compulsion of malcontents and the undisciplined rabble to adopt the mindset to "FRAG AN OFFICER."
This negative attitude of the "draft dodger" era takes various forms of revenge and retaliation after years of controversy and political dispute.
Officers are much less likely to bring legal action or complaint due to their intense Military Training to avoid publicity and simply "suck it up" or be perceived as less than Leader like.
Here General Westmoreland is honorable and noble as the Penultimate Warrior by coming forward to say "enough is enough."***
"You have to prove you are an Officer and Gentleman everyday.
Leadership is NEVER easy".
THE PEOPLE WHO ATTACK UNJUSTIFIABLY ARE THE UNPROFESSIONAL NOT THE INNOCENT RECIPIENT. Make them come up to your level. Don't go down to theirs. That is "Authentic Prestige."
(Dennis Sommese, Address, State of the Corporation, Arden At Eastern Law Offices, March 19, 2003)
So called "Fixer" companies can be used to remedy the situation. They claim to be able to do that. It is an individual decision. In my opinion you cannot hide it for long. A person or group who has an agenda to attack a person or another group can "Undo the Fixers".
The best means is always the legal honest means. Face your detractors with a sound " I can't talk about it."
If they persist with illegal information and harassment, you will have to file a complaint.
Each time a False and Damaging remark against a private citizen or entity is uttered again, the Statute of Limitations is begun a new against the liar. We must maintain penalties for malicious and mean people with hateful and spiteful agendas for damages.
YOU DO NOT HAVE TO PROVE IT IS FALSE.
THEY HAVE TO PROVE IT IS TRUE BY LAW.
If you are truly innocent, you have a Purple Heart.
A COMBAT RIBBON first awarded by 5 Star General, George Washington for "Wounds in Combat"**
NOT ALL LAWYERS ARE CREATED EQUAL
Somme Lawyers went to class, did the assignments and passed the Bar Exam.
Somme others then went to the next level and became JAG.
I have never Falsly Arrested anyone either Civilian, Military Officer or Enlister Soldier.
There are no short cuts to Partnership.
What is a Good Lawyer?
One who knows the Facts, the Law and is more prepared than the other guy and the Judge.
Flying by the seat of your pants will get you so far.
Unethical deceitful backroom gambles occassionaly prevail.
Preparation, preparation, preparation.
That is a Good Lawyer.
**[[By an act of Congress (Joint Resolution of Congress, Public Law 94-479) in 1976, George Washington, was said to "have precedence over all other grades of the Army, past and present."
2. California Civil Code Sec. 1798, Information Practices Act, IPA, Cal.Civ.Code 1798((No one may get Public Records without Consent of Owner));
Sealing Public Records under Court Order, Cal PC 851.8, California Constit, Art IV,; Sealed by Operation of Law after Dismissal and expungement from existence.
3. [[See Federal Trade Commission’s Fair Credit Reporting Act (FCRA), 15 U. S. C. § 1661 et seq.; CA Civil Code (Consumer Credit Reporting Agencies Act) 1785.20.5, et seq., 1786 et seq.]]4. http://www.KnightsOfTheDeclarationOfIndependence.com; http://www.WorkcompJag.com;
6. Department of the Army Regulation, AR-600-50, "All Department of the Army Personnel have duty to avoid any appearance of an improrieity". Chapter 1-1.//
7. "The Army Officer's Guide", Stackpole Books, 1977.
//"You have to prove you are an Officer and Gentleman everyday.
Leadership is NEVER easy".
8. (Dennis Sommese, Address, State of the Corporation, Arden At Eastern Law Offices, March 19, 2003) http://www.blogger.com/post-edit.g?blogID=15198723&postID=112344778511304076
9. http://www.linkedin.com/home?trk=hb_tab_home Dennis A. Sommese, Esq.
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