Private Investigator Public Records Internet Search Privacy Reporting - PI Buzz

The final report issued by the Florida Commission on Open Government Reform recommends how the State of Florida can make its government records more accessible to the public. The report should be read by anyone concerned with open government and the future of public records in Florida. Among the proposed changes in the law, the panel suggests that investigations of complaints filed against professional licensees would become a public record after the case is closed. The Commission proposes enhanced electronic access to government records, lifting the restriction on release of lists of retirees, reducing fees for some public records and opening child abuse and adult mistreatment investigations. Read the press.

The Texas Attorney General has finally around to offering a service previously available in most other states: a charities online database. A search using the Texas Charitable Organizations Search Tool returns a summary of the organization, sometimes with a revenue graph, and a link to the IRS 990 forms. As of this date none of the 990 forms were yet available. Search by these fields, individually or in combination: organization name or word in the name, city, state, type of activity and employer identification number. An information page explains how to read a form 990 and links to other charity lookups.

Find the Florida charities search (”Gift Givers’ Guide”) buried deep in the Division of Consumer Services site.

Here’s a very positive story about a PI firm in California that was working on a local case stumbled upon a teen MySpace cyberstalker. As a result of their investigation, Lee County Sheriff’s Office made an arrest in the Southwest Florida county.

The private investigators found a web page for a Southwest Florida teen who deputies say made some very serious threats. The web page was allegedly put together by a teen that goes by the user name, Bloody Bon3. The teen is now charged with cyberstalking for using MySpace to threaten other people.

More details can be read here.

Some states, counties and towns list current registered voters on a Web site. But you might also look for databases and PDF files that voter registrars and town clerks compile of formerly registered voters. States and local agencies variously refer to these non current registered voters lists as purged, inactive or excluded. Use advanced search operators at a search engine to search by different phrases, file types and site domains to identify inactive voters lists. Here are a few I found.

Darien, Connecticut roll of inactive voters.

Voter Purge List, Madison County, Alabama residents.

City of St. Louis Inactive Voters List.

Knox County, Tennessee Purged Inactive Voters is available as of 2005.

Inactive Voter Status - Barnstable, Massachusetts

And, just to remind us that easy come, easy go…In 2000, People for the American Way published a Central Voter File Exclusions List of registered voters Florida planned to purge from the rolls as purported felons. The list was never used and People for the American Way has since removed it from their server.

It will be easier to find Florida public records through a Google search without having to mine each government database, now that the Florida state government has a cooperative arrangement with Google to index their sites.

Search the name “Villalobos” within Florida government records by formulating this query:

villalobos site:state.fl.us

All of the initial results are for Senator Villalobos at the legislature’s Web site. If he’s not your target, search again, removing that site:

villalobos site:state.fl.us -site:leg.state.fl.us

One set of public records is various state license holders.

Examine the search results to uncover new types of public records. Scroll down to the link to a Florida Department of Law Enforcement document listing a “Villalobos” among those receiving an Intoxilyzer test. If you go to the public records section at the Florida Department of Law Enforcement, Alcohol Testing Program you’ll see a jumble of files that aren’t searchable here, but content within them can be plumbed at a search engine.

| View | Upload your own

This document image tells you that Villalobos’ arrest took place in Broward County, which is helpful because names in the Florida court case indices won’t come up in a search engine.

I previously wrote about the other state governments - Arizona, California, Utah and Virginia - whose sites Google is also indexing.

Nevada Supreme Court Schedules Public Hearing on Proposed Rules to Govern Sealing and Redacting of Court Records in Civil Cases.

Names of those arrested and detained in an immigration raid must be disclosed, as ordered by the Connecticut Freedom of Information Commission. Documents were retained by the state’s Department of Public Safety, which made them subject to disclosure under the Connecticut open records law .

Washington State DOC to Seek Public Input in Development of New Electronic Disclosure Rules.

A Florida judge overruled a local school board in determining that the names of all school employees enrolled in the deferred retirement plan must be released under the state’s public records law.

The citizenry and government both come to the wrong conclusions about the ready availability of public records on the Internet. The City of Raleigh, North Carolina and Wake County joined dozens of other communities that have begun integrating crime activity into interactive mapping. Local real estate developers and agents object, believing that “public crime data… will lower housing prices.” Some people are getting acquainted with the meaning of “public records” for the first time through the government Web sites, complaining about an invasion of privacy because others can see their address and name in the Assessor’s records. Alternatively, they embrace access when the records concern people they want to know about, such as sex offenders. Privacy advocates have campaigned to seal criminal records for first-time offenders, which Florida is doing at 3 times the number as 10 years ago, according to this analysis. Even in these cases, law enforcement continues to keep a record of the criminal history.

Public officials sometimes sound defensive when bringing public records into the Internet age, asserting that particular types of personal information isn’t included. Or they remove the documents or data that was once on the Web, as in the case of the El Paso County, Colorado inmate log. The Sheriff has restricted the listing of the criminal charges to classification numbers as a reaction to inmate assaults. If the availability of public records on the Internet isn’t mandated by law, as in the case of the sex offender registries, it’s always subject to being withdrawn.

Agencies could better serve the goal of open government by reducing the number of exemptions to disclosure. The Washington State Attorney General announced a meeting to review the Public Disclosures Act exemptions, which have grown from 10 in 1972 to more than 300 today.

The County Clerk of Oneida County, New York removed land records from its Web site, a promise of her political campaign. Now, she proposes to make document images available online to a handpicked elite, including attorneys (to whom she was speaking when this offer was made), ostensibly because the records are used in the course of their work. You see the basis for redefining the “public” in “public records”, right? Arbitrary. Capricious. Preferential.

The State of Connecticut Judicial Branch is reviewing family law cases that were sealed before 2003 to determine which are eligible for a change in status, then publishing the list of cases. The court outlines its objective.

The plan calls for a review to determine: (1) whether the cases were properly designated as sealed; (2) whether the docket sheets, which set forth the chronology of the case, may be displayed on the Judicial Branch website; and (3) whether the motions and orders to seal the file may be made publicly available. At this point, there are approximately 500 of these cases statewide. Certain cases that have unique issues, including files that are unavailable pursuant to Practice Book Section 7-10, are not included in this phase of the review process, but those files will be addressed in a subsequent phase.

Teacher disciplinary actions finalized in 2007 are now at the Web site for the Florida Department of Education, Bureau of Professional Practices.

An Illinois appeals court ruled that employment contracts of state employees are public records.
Read the story
Read the case opinion, Jerry Reppert And The Gazette Democrat V. Southern Illinois University And Walter V. Wendler.

A Monterey County, California advocacy organization has appealed a ruling by a county judge who supported Monterey County’s denial of a public records request related to pending litigation. The organization wants to know how much money the county spending on land use litigation.

A change in state law now enables the Arkansas State Police to release criminal history reports to anyone who has a signed release from the subject. Reports are available for a fee, instantaneously, through the Online Criminal Background Check System.

The Florida Bar has integrated attorney disciplinary actions into its online profiles of attorneys. Documents of recent actions can be viewed but all older cases (3000+) have yet to be scanned. This article describes the type of records available.

Lawyers who have received an admonishment, reprimand, suspension, or disbarment (including resignations for disciplinary reasons) in the prior 10 years will have that information noted on their biography page of the Bar’s Web site.

The site requires a search by name to identify disciplinary actions. A hit returns a description of actions taken and a file number. On recent 2007 closed cases, the file number will link to images. The results look like this:

A search on “disciplinary actions” within the Florida Bar News returns a list of links by date of filings since 2002. Add an individual name and get the Bar News reports on that attorney.

The Coral Gables Police Department has a searchable database of vehicle accident reports and incident reports. Search accident, arrest or incident events by location, name, report number or date. A sortable list is returned with date, type of contact, location and whether an report image is available. Report images are available for accidents and incidents but not arrests. But arrests at a particular location may have been proceeded by an incident involving the same subject, for which a report image would be online. Name of contacted individuals are listed. See image example.

Finally, the Florida Supreme Court has addressed the practice within some county trial courts of removing certain dockets and files from public view. From AP:

The Florida Supreme Court issued emergency rules Thursday designed to stop the improper sealing of court records and dockets in civil cases, but delayed a decision on whether they also should cover criminal cases.

The unsigned, unanimous opinion requires court clerks to post notices on their Web sites and courthouses after a record is sealed, and allows citizens to then challenge those decisions. Courts are also prohibited from making case, docket and other identifying numbers confidential.

The New Jersey Courier-Post has added statewide New Jersey Superior Court Criminal Conviction Records to its collection of public records databases, called DataUniverse. The collection of DataUniverse databases include some private investigators frequently use: New Jersey Death Index, Department of Corrections inmates, real property ownership, state employees and disciplinary records of doctors. As always, check the source material, don’t assume these records are inclusive or accurate.

Media organizations have charged ahead developing databases of public records, often of indexes and documents the government has not released or developed. The Florida Herald Tribune Teacher Misconduct Database is built from court records and administrative complaints filed with the Education Practices Commission against teachers for various types of misconduct. Searchable by name or location, the site returns a summary of the matter and copies of documents. The data covers 1997 - 2005. The state is scrambling to develop its own online database, a good outcome of the Herald Tribune project. The Florida government site may be available sometime in 2007.

Reported in Lucas Grindley.

Add Florida to the list of states that are concocting ill conceived “identity theft” legislation. Before long it’ll be a crime to know another person’s name. HB 1117 seeks to make possession of personal identifying information on a person without their prior approval a felony. The legislative staff analysis provides a summary.

HB 1117 also creates a new section of statute which provides that any person who willfully possesses “sensitive personal information” concerning an individual without first obtaining that individual’s consent commits a third degree felony. The term “sensitive personal information” is defined to mean any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual
including any:
• Alien registration number
• Government passport number
• Employer or taxpayer identification number
• Medicaid or food stamp account number
• Bank account number
• Credit or debit card number
• Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation

Unlike the identity theft statute, this section will not require proof that the person possessed the sensitive personal information with intent to fraudulently use it – only that the person willfully possessed it without first
obtaining permission of the individual.

Florida Bill HB 1211 would make distributing personal information without that person’s permission a misdemeanor. Are legislators being lazy in crafting laws that are so broad, or are they trying to bring legitimate business and the functions of the courts to a complete standstill?

HB 1213 bars the release of personal identifying information in public records. Other proposed legislation would remove certain information from court files and restrict the release of motor vehicle records.

I’d like to hear from private investigators, attorneys and journalists in Florida about the prospects of these measures. I sure hope they’re all working together.
AP story: Scores of legislative bills seek to limit public’s access to Florida records

On a more upbeat note, an Oregon government site has created a directory and search engine for locating databases of city, county, state and federal licenses, certifications, permits, and registrations. Quickly locate the Web site to lookup professional licenses and business permits. This is an ongoing project and most of the current links are state agencies.

A Kansas newspaper editorial elucidates just one of the many reasons why the Kansas Supreme Court’s mandate that government agencies redact personal information before releasing records to the public is harmful. The case is Data Tree, LLC v. Bill Meek, Sedgwick County Register of Deeds.

Unsolved criminal case files may be public records, not necessarily “open investigation” cases, according to the Georgia Court of Appeals. The court sided with the newspaper in, Athens Newspapers, L.L.C. v. Unified Government of Athens-Clarke County, which asserted that a 1992 unsolved murder case was dormant and the police were defeating the purpose of the Open Records Act by claiming the case was still pending.

The Florida Sexual Offenders and Predators database is now available en Español.

The public’s right to access public records supersedes laws relieving government agencies from compiling new records, according to a recent North Dakota Attorney General Opinion. The Department of Transportation denied a request for records by Carfax, although the state public records access law requires that “an electronically stored record under this section [44-04-18], or a copy thereof, must be provided at the requester’s option in either a printed document or through any other available medium.” ND DOT responded that it wasn’t required to create or compile a record that does not exist. The Attorney General disagreed, requiring corrective measures be instituted within 7 days.

Madera County, California real property parcel maps can be searched by address and viewed online.

The Sacramento County, California probate court is adding online document images to its Web site. Only cases filed after February 5, 2007 are currently included.

The recent expansion of the role of Arizona Ombudsman-Citizens’ Aide Office will provide a complaint center for addressing public records access violations.

The Indiana Attorney General has an online, searchable database of the legal actions they have initiated against violators of Indiana’s consumer protection laws. Search by county and/or year or view a list by defendant’s name, with links to the public filings and court orders.

The Pasco County, Florida Sheriff has added many new online tools to its Web site: Active calls log, Dispatch log, Subdivision activity log, Inmates in jail, and Outstanding warrants.

Query the Municipal Codes that are online for each city or county at the LexisNexis Municipal Code Web Library. Other jurisdictions may be found at General Code. If you don’t find the town you’re looking for at one of these sites, check the jurisdiction’s main Web site. To find the Municipal Code for Beverly Hills put the phrase “Beverly Hills Municipal Code” in your Web address search bar and you’ll be taken directly to the site that best matches your phrase. The General Code Publishers’ newsletter collects some changes in state laws by topic. A recent issue covered changes in ordinances in New Jersey, Pennsylvania, Florida and New York related to residency restrictions for registered sex offenders.

This article in the Gainesville Sun Newspaper of Gainesville, Florida details specific Florida laws that may impact private investigators in 5 categories:
• Mobile Tracking
• Telecommunications Crime
• Video Voyeurism
• Computer Crimes
• Theft of Cable

A new player in the very active online real estate listings competition is PropertyShark, which, unlike Zillow, provides the current owner at an address, and also customizes demographic maps for the geographical region of an address.

At the Zillow site you can look for real property valuations and aerial photographs by property address. It covers many more cities than does PropertyShark but the tools at this site are a unique supplement to the other property listing and mapping Web sites.

A PropertyShark search by address (after free registration) returned a profile with the current ownership, last deed transfer, demographic maps, building permits, neighbors and nearby property sales. Coverage is strongest in New York, particularly Manhattan, for which there are photographs of properties, but take a look at all the site features. Cities in New York, New Jersey, Ohio, Florida, Texas, Washington, Oregon and California are currently included.

Map your life in Los Angeles and plot crime and property sales within the circumference of a specific address.

The Texas Secretary of State has added 5 new searchable databases: Health Spas, Debt Collector Bonds, Law Enforcement Organizations (by solicitor, bonding company or public safety entity), Telephone Solicitors, and Veterans Organizations and Solicitors.

More details are emerging on the theme of secret court dockets, which have been reported on in various jurisdictions in the past year. A recent Miami Herald article reveals that false court records have been created to disguise the identity of government informants, in violation of state law.

Miami-Dade prosecutors argue that court rules that exempt some sensitive records from public disclosure also authorize judges to misrepresent the public record to protect informants. But no rule explicitly gives judges power to order the creation of a false court record.

The Federal Trade Commission recently posted its decisions back to 1969 but just enabled a full text search of the FTC repository. Select “FTC Decisions” above the search bar.

Rules proposed to reduce court secrecy

The Florida Bar is recommending statewide rules that would make it harder to seal court records and bar judges from hiding the existence of entire court cases, a process known as super-sealing.

The proposed rules, unanimously approved by the executive committee of the Bar’s board of governors, would impose tough new requirements on those who seek to make civil or criminal court records confidential. ”It’s pretty much of a home run for the advocates of openness,” said Miami First Amendment attorney Tom Julin. “It’s creating very serious hurdles for anyone who wants to seal records.”

As part of the Virtual Neighborhood Border Watch Program, the State of Texas has been testing video surveillance cameras in different environments along the 1240 miles of Texas/Mexico border using the internet to transmit the images.

The San Jose Police Department, in California, is making traffic accident reports available online. The site lists the categories of people to whom the reports can lawfully be released. A last name of the driver or injured party and the report ID number must be provided.

A committee of the Maryland Judiciary has reconfirmed that juror personal information is a public record, although access varies from nil to extensive, depending on the court.

Once again, it takes the determination of a media outlet to enforce or clarify a public records act. Wisconsin Circuit Judge William Foust ruled that contracts between a government agency and a union didn’t create an exception to the state’s open-records laws. The opinion also covers agency contracts with government employees, although some exceptions may apply.

The Florida Miami-Dade Chief Judge disclosed that a that a number of cases and party names have been kept secret, off the public docket, while also giving judges the authority to continue the practice. The Florida Supreme Court Chief Justice R. Fred Lewis is conducting an investigation into the practice of closing court files, which was revealed to have occurred in thousands of cases in Broward County. Earlier, I wrote about a study showing that other state courts and the federal court also have hidden dockets, secret courts or files that have been sealed with no reason given.

Open records advocates need to be constantly vigilant to challenge the closure of public records. The Indian River County, Florida Sheriff has shut down their online inmate search database because they didn’t have a cost effective means to filter out the records of those whose charges were ultimately dropped or who were found not guilty. The site included name, address, booking photo and charges.

Records that have been posted on the Internet at government Web sites can be withdrawn at any time. In most cases, there’s no obligation for the agencies to make indices, case dockets or files available online. So, send your letters to your local government entities that have records online, expressing appreciation and citing the overriding value of openness over privacy. Or bit by bit, find your interests trumped by these arguments.

However, Raymond said the rise in citizen complaints in the last year made him reassess the online program and ultimately agree it was unfair to some people.
“We simply were getting too many complaints from people who were arrested and later had their charges dropped or were found not guilty,” said Raymond. “Even though they were acquitted, their mug shot and arrest information were still posted online. It was a valid complaint.”

The legitimate corporate governance issues that prompted the leak investigation by Hewlett-Packard has fallen from the front pages, now covered with the long expected indictments by the California Attorney General, Bill Lockyer, who is a current candidate for State Treasurer. As I mentioned a few weeks ago, Lockyer is charging various parties, from HP’s Patricia Dunn to the individuals who obtained the telephone records, with violations of several criminal statutes. The complaint lists the accusations.

The Federal Trade Commission testified last week on telephone record acquisition before the House Committee on Energy and Commerce Subcommittee on Oversight and Investigations. Joel Winston, an FTC Associate Director, requested that Congress “enact specific prohibitions against telephone records pretexting and to allow the Commission to seek civil penalties against violators…” Winston advocated for an exemption for law enforcement, which have been among the recipients of the data broker’s services, according to those who previously testified before Congress. A law enforcement privilege could further disadvantage criminal defendants, whose representatives would not be accorded the same access.

News and Opinion, in print, audio and video on HP and corporate governance related to telephone records

C-Span, Congressional Hearings on Telephone Pretexting

It is little surprise that Governor Schwarzenegger signed SB 202, Privacy: telephone calling pattern record or list, making the acquisition of a telephone subscriber’s phone call records a crime.[Read more at Computerworld]

Any person who purchases, sells, offers to purchase or
sell, or conspires to purchase or sell any telephone calling pattern record or list, without the written consent of the subscriber, or any person who procures or obtains through fraud or deceit, or attempts to procure or obtain through fraud or deceit any telephone calling pattern record or list shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both a fine and imprisonment. If the person has previously been convicted of a violation of this section, he or she is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or by both a fine and imprisonment.

The prohibition applies to telephone numbers called by the subscriber, not reverse address or telephone information. The California Association of Licensed Investigators (CALI) supported the bill and urged the governor to sign it.

Other states have restricted access to telephone records, among them are Michigan, Maine, Oklahoma, Arizona, Washington and Florida. Other state legislation on telephone records is collected at the National Conference of State Legislatures Web site.

The methods that HP contractors used to secure telephone call logs, “the pretext story”, repeated ad infinitum, has reporters looking for new approaches to this story. The San Jose Mercury News has posted the transcript of a call to Verizon Wireless from 1st Source Information Specialists. It’s an odd selection for an example of a pretext from an information broker since no personal information appears to have been released. Perhaps Verizon’s interest in providing the telephone conversation text is to bolster their position that they are taking effective measures to foil non subscriber access to accounts.

The investigation of the Hewlett-Packard contractors who secured the telephone call logs of phone numbers registered to reporters and HP directors is revealing footprints in Florida, Massachusetts and Iowa, which could lead to investigations and prosecutions by those states Attorneys General.

Meanwhile, the U.S. House Committee on Energy and Commerce sent a letter to Hewlett-Packard
requesting that the company turn over documents listing employees and contractors involved in the leak probe, and “a list of all individuals or entities whose telephone records or other personal consumer information were procured…” The letter specifically requested that no telephone records be provided. I guess the House committee doesn’t want that to become a public record.