Dispute Simmers Over Web Site Posting Personal Data on Police

illiam Sheehan does not like the police. He expresses his views about what he calls police corruption in Washington State on his Web site, where he also posts lists of police officers' addresses, home phone numbers and Social Security numbers.

State officials say those postings expose officers and their families to danger and invite identity theft. But neither litigation nor legislation has stopped Mr. Sheehan, who promises to expand his site to include every police and corrections officer in the state by the end of the year.

Mr. Sheehan says he obtains the information lawfully, from voter registration, property, motor vehicle and other official records. But his provocative use of personal data raises questions about how the law should address the dissemination of accurate, publicly available information that is selected and made accessible in a way that may facilitate the invasion of privacy, computer crime, even violence.

Larry Erickson, executive director of the Washington Association of Sheriffs and Police Chiefs, says the organization's members are disturbed by Mr. Sheehan's site.

"Police officers go out at night," Mr. Erickson said, "they make people mad, and they leave their families behind."

The law generally draws no distinction between information that is nominally public but hard to obtain and information that can be fetched with an Internet search engine and a few keystrokes. The dispute over Mr. Sheehan's site is similar to a debate that has been heatedly taken up around the nation, about whether court records that are public in paper form should be freely available on the Internet.

In 1989, in a case not involving computer technology, the Supreme Court did allow the government to refuse journalists' Freedom of Information Act request for paper copies of information it had compiled from arrest and conviction records available in scattered public files. The court cited the "practical obscurity" of the original records.

But once accurate information is in private hands like Mr. Sheehan's, the courts have been extremely reluctant to interfere with its dissemination.

Mr. Sheehan, a 41-year-old computer engineer in Mill Creek, Wash., near Seattle, says his postings hold the police accountable, by facilitating picketing, the serving of legal papers and research into officers' criminal histories. His site collects news articles and court papers about what he describes as inadequate and insincere police investigations, and about police officers who have themselves run afoul of the law.

His low opinion of the police has its roots, Mr. Sheehan says, in a 1998 dispute with the Police Department of Kirkland, Wash., over whether he lied in providing an alibi for a friend charged with domestic violence. Mr. Sheehan was found guilty of making a false statement and harassing a police officer and was sentenced to six months in jail, but served no time: the convictions were overturned.

He started his Web site in the spring of 2001. There are other sites focused on accusations of police abuse, he said, "but they stop short of listing addresses."

Yet if his site goes farther than others, Mr. Sheehan says, still it is not too far. "There is not a single incident," he said, "where a police officer has been harassed as a result of police-officer information being on the Internet."

Last year, in response to a complaint by the Kirkland police about Mr. Sheehan's site, the Washington Legislature enacted a law prohibiting the dissemination of the home addresses, phone numbers, birth dates and Social Security numbers of law enforcement, corrections and court personnel if it was meant "to harm or intimidate."

As a result, Mr. Sheehan, who had taken delight in bringing his project to the attention of local police departments, removed those pieces of information from his site. But he put them back in May, when a federal judge, deciding on a challenge brought by Mr. Sheehan himself, struck down the law as unconstitutional.

The ruling, by John C. Coughenour, chief judge of the Federal District Court in Seattle, said Mr. Sheehan's site was "analytically indistinguishable from a newspaper."

"There is cause for concern," Judge Coughenour wrote, "when the Legislature enacts a statute proscribing a type of political speech in a concerted effort to silence particular speakers."

The state government, he continued, "boldly asserts the broad right to outlaw any speech — whether it be anti-Semitic, anti-choice, radical religious, or critical of police — so long as a jury of one's peers concludes that the speaker subjectively intends to intimidate others with that speech."

Bruce E. H. Johnson, a Seattle lawyer specializing in First Amendment issues, said Judge Coughenour was correct in striking down the statute because it treated identical publicly available information differently depending on the authorities' perception of the intent of the person who disseminated it.

Elena Garella, Mr. Sheehan's lawyer, said there was one principle at the heart of the case.

"Once the cat is out of the bag," she said, "the government has no business censoring information or punishing people who disseminate it."

Fred Olson, a spokesman for the state attorney general, Christine O. Gregoire, said the state would not appeal Judge Coughenour's decision.

"Our attorneys reviewed the decision and the case law," Mr. Olson said, "and they just felt there was very, very little likelihood that we would prevail on appeal. Our resources are much better used to find a legislative solution."

But Bill Finkbeiner, a state senator who was the main sponsor of the law that was struck down, said the judge's opinion left little room for a legislative repair. He said he was frustrated.

"This isn't just bad for police officers and corrections employees," Mr. Finkbeiner said. "It really doesn't bode well for anybody. Access to personal information changes when that information is put in electronic form."

"I'll be honest and say I do have a quandary over the Social Security numbers," he said. "I'm going to publish them because that's how I got the rest of my information, and I want to let people verify my data. But our state government shouldn't be releasing that data."

Lt. Rex Caldwell, a spokesman for the Police Department in Kirkland, said his colleagues there were resigned to Mr. Sheehan's site, and added that much of the information posted on it was out of date.

When the matter first came up, "people were extremely unhappy about it," Lieutenant Caldwell said. "Now it's more of an annoyance than anything else. The official line from the chief is that we're still concerned. At the same time, everyone's greatest fear, of people using this to track them down, has not materialized."

Brightening, Lieutenant Caldwell said some officers even welcomed the posting of their home addresses, if that encouraged Mr. Sheehan to visit.

"If he wants to drop by the house," Lieutenant Caldwell said, "the police officers would be more than happy to welcome him. We're all armed and trained."

Guilty until they prove themselves innocent in your little mind. Great judicial system you'd have for us.

While I admit that my posts thus far may have led you to think that I do not respect law officers in general, the fact is that I do not paint them all with the same brush.

The problem is that I doubt that my rural community experiences are unique. A friend doing research for an erroneous drunken driving charge discovered a routine pattern of cops waiting across the street from drinking establishments, then following and pulling the driver over on the pretext of "weaving across the center line". In at least one instance the designated driver had had nothing to drink, but her passengers had. After demanding that the passengers step out of the vehicle, they were then on public property, and were arrested for public drunkeness. In many instances, such arrestees were offered the option of contributing to the sherriff's drug fund and no charges would be filed. (Our retired former sherriff is a very rich man today, BTW)

And I personally witnessed many of these officers lying under oath, determined to maintain the blue wall (and there were rumors that at least one officer who refused to lie was threatened by his fellow officers).

I hereby relate the following story, some months ago I was driveing to a auto auction in Seattle from Idaho. There had been a washington state trooper killed in Pasco that week and police from all over the state were converging for the funeral. I met up with two ( VANCOVER CITY CARS ) coming from PORTLAND OR on I84, Crusing at aprox 80 mph. I was also going 80. as soon as we crossed over the Umatilla bridge back into Wa state they pulled me over. Told me what a low life I was for speeding, and how if they ever caught me in Vancover they would teach me a thing or two. Threatend to hall me to jail and that I had no right to speed or even question them as to why they were speeding. Told me that they were to busy to deal with me and that they would be sure to take care of me if they ever caught me again when they were not busy. And did I not have any respect for the law. They were 200 miles away from Vancover, What made them excempt from the Law they were breaking? Also why when I complained the the city of Vancover did I get stone walled? When the law is the same for them as it is for the average man, then I will have respect for them. I am lucky in that I have many many friends who are state troopers and law officers in many fields and know that that is not commen. Except big city cops seem to be a little more jaded and corupt! ( this is my opinion) Man three years or so have gone by and Im still ticked.

Similar experiences here. One time when I was about 17, I was taking some pictures of a river that ran behind the local supermarket/strip mall. A cop pulled up and asked me what I was doing. I said "Just taking some pictures". He didn't like that I guess. I was frisked and put in the cruiser. My car was carefully looked over from the outside. He spent the next half an hour calling in my license plate number, inspecting my camera and threatening to charge me with criminal mishchief and vandalism. He said he could get the store owners to back him up. Real nice guy.

I worked with an ex-cop once who told me about how he and his partner would hog tie suspects, lift them up and then drop them on their faces for laughs. Lots of stories like that. He was also racist and would go on and on about the things he didn't like about blacks.

Too many speed traps around here to list. There's even a small town nearby (pop 25) that generates over half of its annual operating income from traffic tickets. Locals are not cited.

The police lobbying groups (except the Sherrifs sometimes) stridently oppose concealed carry laws here. Barney gets to carry his gun wherever but not John Q. Public. I once had a road rager write down my license plate #. I knew he could pay $10 and get my name and address off the web. Too bad I couldn't legally carry a concealed weapon for a few weeks until I was sure nothing would come of it.

I have cops in my family (FBI, highway patrol, and a city cop). All good men. Unfortunately, it only takes a few bad experiences with LEOs to become very wary of them. There are a lot of control freak cops out there who just love to show people that they are the boss. Anyway, my opinion of LEOs is such that I'm not very sympathetic to their situation in the article. Now they've got incentive to treat people decently.

This is one reason why the US Congress needs to pass a uniform right-to-carry law in all 50 states.

In New York state a LEO is often not permitted to carry his handgun upstate if he is from NYC.

He is not permitted to carry it in New Jersey where drug dealers from both NY and CT have often been arrested by a NYC LEO.

Now LEOs are allowed to patrol and carry the trains in CT, NY, NJ, and PA since 9-11.

We all know Lon Horuchi killed Randy Weaver's wife illegally at Ruby Ridge. We also know that the BATF sandbagged Randy Weaver by having him cut down a shotgun barrel to what they claim was under 16"; Weaver should never have cut it below 17".

We also know the David Karesh could hae been arrested many times before Hillary, Bill, and Janet Reno decided upon Hillary's orders to stage an idiotic raid on civilians that ended up using the US military equipment and even National Guard jet surveillance and Army helicopters and tanks to barbeque women and children.

As you all recall, WACO took longer then the recent combat phase Iraqi War. So much for Bill Clinton as "Commander-in-Chief" of the US Armed Forces!

Police are civilians, as are firemen, but about 350 LEOs are killed by violent criminals each year.

I have had a few that irked me over traffic tickets, I realize NYC has quotas for many cops; in Asheville, NC on Tunnel Road it was well known the local cops had a quota to meet and I can recall having two NC State Troopers in one car claiming they radared me at 73mph but claimed their radar accidentally shut off it's reading when I demanded to see it.

I was on my way with my 11 year old son that Christmas Eve to buy last minute Christmas presents for my family in Brevard, NC.

I got nailed and had to pay a fine because of 2 lying NC state troopers because they needed one more quickie speeding ticket to get off that night with some paper.

These are isolated cases.

Publishing LEOs names, addresses, phone #s, and SSN#s is beyond the pale if it's intention is to cause harm to anyone or their families.

The SSN# seems to be a real problem as it encourages ID theft and/or impersonation.

Obviously, I am not showing 100% backing for 100% of all LEOs. I participated in a civil lawsuit against one state and their state police that were illegally wiretapping US citizens as they called their attorneys after a traffic stop. One woman got strip searched by a local PD. This state ended up hiring an expensive legal firm, the state police chief got fired, the Governor quickly decided not to run again for re-election.

The state settled out of court for 417 million dollars. Several state troopers actually called and met with me to tell how the top state police brass had the telephone company set up illegal wiretapped phones and pay phones at state police locations.

This same state had a large city and the FBI once set up illegal phone taps on complete city. The FBi payed for the machines, even the rent on homes where illegal phone tap equipment was used.

Ater this city lost a large civil lawsuit, the idiot local Mayor said he would do it again.

My attorney welcomed the large fees.

But that was a Constitutional breech by local, state, and FBI.

This effort by this "computer guy" is intended not to intimidate, but to cause physical harm and death.

As you readily can see, I despise criminals and any crooked LEOs too.

I also collect vintage Colt SAs.

I believe in a trial by 12, not being carried by 10.

Don't expect me to call 9-11.

I do not carry a piece of "Chalk-On-A-Rope" around my neck for anyone to outline my body with. I have never met a LEO that can outdraw or outshoot me on any target range.

I learned firearms safety as a 7 year old kid and hunted rabbits by starlight Friday nights with my brother and 5 other teenagers in high school out at our farm. never hit our horses, cattle, brother, or our 5 friends. Killed lots of tiny rabbits in tall grass by starligt alone; no moon shooting allowed. Never hunted anything in the daytime. No challenge.

This served me well in the US Army.

If I lived in that area and was a LEO, I would probably find him commiting various crimes that could be documented. I would soon know about his computer site and all his operations.

I would also know everything about his job, employer, financial status, family, relatives, and whatever else was legally available to me.

There is something deeper about this creep then is in the topic article. He also is obsessive/compulsive beyond any rational possible reason.

He also is destroying himself and all close to him. He obviously has no real life!

The most idiotic thing he is doing is tempting fate. Sooner or later he will cross that yellow double line on a wet or icey curve; in reality or analogy.

Some of those LEOs end up going to law school. Not people to cross.

Court is a place to stay out of; you always lose, even if you win big.

He will then either end up way below room temp or sleeping with Bubba.

I try to avoid hitting dawgs on the road, but not at the expense of myself, family, friends or strangers.

If I saw this creeps obit I would neither laugh or cry.

Just yawn.

I see no objective or evenhanded pointsmade by the cop haters here on this thread.

Like our SCOTUS, you selectively "cherry-pick" the laws you wish to break or obey.

I do not agree with many laws on the books, I obviously do not put up with criminals or corrupt LEOs.

But we are stuck with them and must be accountable for willfully and knowningly breaking the law.

Keep yoyur noses clean and have several top attorneys names and home and office phone numbers on you at all times.

Trying to carjack me is suicide.

And don't ever mess with me, my family, or friends; especially involving drugs.

You will only expire very tired.

Have a nice weekend!

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