STAA Protected Activity - Refusing to Drive Due to Hazardous Weather

If you have a email account and click a small link "Full Headers" it will provide a COMPLETE and absolute source information where it orginated from, time stamp, date stamp and so on.

The next step is a one form process by which a law enforcement detective or prosecutor or defender can summons the IP source ISP provider in any one of the 5 regions of the world. USA has one region, Europe has another etc.

Ripenet.net whois is one example. It will generate a IP and that address is specific to your computer that sent the email. Remember there are 5 zones in this world. Each one will have who is.

ALL Computers have a IP on them directly including the one you are typing to post online. Eventually through the headers infromation of a email for example or even through text messaging information from the carriers that tramsitted, recieved it etc or any electronic communication not specifically secured to where governments and military nets are not accessible by anyone and are excluded from the civilian internet.

IP ranges from class A through C such as 000.000.001 all the way to 255.255.255 and then there is class D and above.

In addition to IP you are also dealing with a subnet range of a group of comuters. Eventually you will find the exact source network, where it is registered (ICANN is one example, but I think the USA had deliberately given up control of the DNS registry and ICANN on everything not too long ago.)

If you had a customer level firewall, you can not only block a hostile computer by IP but also by Subnet gauranteeing that that group is not getting to your machine.|

All packets transmitted from your machine to any other machine contains another information a MAC address. That is the address of the ethernet card or chip that you plugged your internet cord into either a dailup card or a ehternet router port or a motherboard port designed to get your machine onto the internet.

Wireless involves a who different stack of numbers involved but the result is the same ultimately. the Address of your transmitting machine.

When you transmit online, you have up to 15 hops between your machine, it's routers to the other computer your mail is addressed to. It is not difficult to go back through all of them. This type of internet networking wide area, local area networks deal with routers that are usually a Cisco or similar machine that does nothing but route traffic to different address tables which are updated every three minutes. But everything is recorded somewhere.

ISP's have enormous data centers. Nothing passes through these operations without being recorded in real time. When your email goes out of the country to europe via a sonnet, I think there are 6 on the west coast and 9 on the east coast, there is a data center that controls that particular type of datacenter and usually has a NSA agency collector sitting on it storing everything passing through.

If IRAN had a fit which they have had in the past, there are at the state level people in a few minutes able to disconnect a entire nation of Iran from the internet. Poof nothing gets through. In or out.

There are very strict guidelines in law regarding internet communications. Lawyers usually have the ability to indict a ham sandwitch on the kitchen table if it is present when a hostile threatening criminal level communication is sent against someone. That person will be found, arrested and charged with terrorist communications at the very minimum. And go up the stack of possible charges depending on a inter view.

There was a gamer who was a sexual predator online via steam which is a system where gamers come together online, I think two years ago a series of chats within a game itself online between the predator and his target victim was captured and eventually prosecuted in court and won. It shows that there is no way to protect a communication online between a criminal intent on breaking a law against anyone on the internet venue on the civilian side.

Transmissions of pictures and other problems related to human trafficking (For which truckers have a small training course now by the states) also involve the interenet. It is no problem at all to set up something on say craigslist and advertise hootchie or something and wait for the people to show up hoping to engage in illegal conduct. Happens all the time.

Craigslist has since stopped by their own decisions certain personal ads due to a act of Congress back in March. You will find it very difficult to access whatever it is your looking for.

Then there is the famous SIlk Road. The ultimate supposidly secure way via TOR which is a proxy to camoflage two people. A buyer of illegal drugs and a seller of same. And so on. Some years ago the Federal agencies and certain state agencies finally found the home sites of Silk Road and busted them all. They are sitting in federal jail. And will be for a very very long time. The website is then posted with a specific image showing that the US Governement has "Captured it" and now owns it and ALL data within that same website. All of the buyers and sellers will eventually be arrested and prosecuted as well.

Even Telegraph which is a email type messaging system designed to self destroy after a fixed time do not hide actual terrorists from communicating. Once the system in that type of situation is breached and it only takes one people will work up the ladder to get the big fish and then move in and grab or kill the whole thing and everyone on it.

If you look into forensics for computers today in college, even a three credit course provided to you for a fee of course will show you just how easy it is to intercept, capture and take action on a living computer being "Used" by a human in anything.

We spent one 15 minute session in Security IT by proxy to get into one of the college secretaries that day. She was down the hall using a College Computer, and by extenstion a State owned property to browse trees for her future garden at home. We 15 or so sat there in real time watching her browse trees to purchase for her home, enter the credit card information etc. All of that was in a protected network so that the entire college does not suffer the occasional warfare that erupts when we try to find our computers and hack each other really badly. We went down to that secretary in her lunch hour had her come back to our protected classroom and view the activity she had just done on her machine within a few minutes ago. She was in total shock. Fortuatnely anyone trying to use her creditcard will fail because the US Banking system that uses that particular form of payment requires a seperate authentication system.

This same class group giggled with the take over my own computer in a regular classroom moving my mouse around doing whatever they wanted. I relaized that my machine itself was compromised and since they went by numbers assigned by the class teacher to a classroom door number then by number 1 to 50 machines inside say room 236, I went into my machine and took 236-06 off it as a identifying name and gave it a name called Churchill and clicked apply. My computer was now not part of that classroom net work and I had my mouse back. I turned around and smiled at the three persons who had some fun with my machine and my mouse for a few minutes. It was some time after the school was over I told two how I took the machine name they were connecting to as invalid, if they knew the new name assigned to it "Churchill" they would have gotten back into it very easily. The teacher detected that one machine was number 6 not in his network roll call at his desk PC and asked me specifically why I called it Churchill. I took a few moments to explain some classmates had some fun using what they learned in IT security against me. This teacher had been around computers since the days of a punch card usage and has probably forgotten himself due to age more than the entire State's staff of it's main data center in west little rock will ever know. He dates back to the late 50's when computers took up a entire warehouse and had a name called Eniac, for the USA Army to calculate artillery.

The giving of the computer a Churchill name as opposed to the permitted and state permitted naming system for every machine they owned also influenced the ip number it was on. Other people higher up in the college became aware that one of the class computers have gone off the reservation to so speak and talked to that teacher about it.

One time My spouse bank card was captured and tried online. Someone wanted to buy 800 dollars in tools from a Minnesota tool supply online. The problem that failed the transaction the address information easily gathered on google by someone's name was not correct and the bank rejected it. And then the manager contacted the spouse by mail and said did you just try to buy my tools? We told him no. And that in and of itself was a actual crime big enough to prosecute whoever it is that captured her card.

I myself had a Navy Federal Credit card going to get gasoline at one specific station in my area. The cashier tried a soft test transaction at the windjammer hotel in NC near Cherry Point on one of the beaches. That showed up by the NFCU and we told them we did not do it, and that cashier was later arrested.

Ever since then we pay cash for everything where possible. And do not give out information.

This post has gotten a bit big, but I can gaurantee you this is peanuts compared to actual crimes online against hostile parties to victims.

There are people you can hire 24/7 usually a private detective, hand him a full header print out of a hostile email and he will find that person behind it pretty quickly. What you do with that information will be up to you.

 

Guys, I'm just a poseur and a delusional psychopath. So don't listen to me. Furthermore, I am a terrible person.

 

You might want to update yourself on IP's and what we are talking about.

First glaring issue is we are talking about proving an e-mail was sent. Not where it was received from.
Second IP's are not given out in classes anymore, and not for the last 15-20 years. No it's assigned via CIDR where
Classless Inter-Domain Routing - Wikipedia
And well I gave up there, suffice it to say most everything you said is either wrong and/or outdated and it's not done that way anymore.

 

Not to beat up on Moloko, but there is a disconnect with legal professionals and IT.

I know I am right, I know because I had to deal with this issue a couple times in my last job. It has not changed, nor will.

Also just wondering about something, not to yank anyone's chain but I thought under the rules you lawyers have to operate under, you have to put in a disclosure about legal advice, etc. ... and some means to also identify yourselves, or is my lawyer wrong about that?

 

You're beating me like a good husband would. "He's a good man, officer!! He just works hard and had a rough day!!!"

I'm not a lawyer actually, just a litigious sociopath who hates employers. I've seen good people get screwed, over and over. In my own workplaces, in other people's workplaces. I'm the guy telling people, "your employer can't do that." I've pointed a few people in the right direction of how to take down their unlawful employer. I'm not an attorney, but I am getting pretty good at spotting employment discrimination and retaliation, just by looking at the paper trial. I can't exactly go into much detail on how I know this stuff, except it's beans obsessive quest for knowledge. Suffice to say, if your gut tells you something is amidst, it certainly always is. Always.

People presume I'm a lawyer because of the Saul Goodman picture I can't seem to change / am too lazy to change. I think I got wasted one night and changed my settings. It used to be Lemmy Kilmister, so I hope I have not misled anybody into believing I am also the dead frontman of Motorhead, who lived in West Los Angeles and drank Jack Daniels for breakfast.

Let's see. The issue wouldn't be proving the email is sent--this would be presumed by asserting it in court. But look at you guys, catching my error. This is why I'm not a computer programmer--the level of detail is astonishing and I could never debug something. There is a huge difference between proving an email was sent , and proving an email was received on the other end . Thanks for the clarification.

I don't presume to know of subjects I am not certified in. Rather, I am engaging everybody in a robust discussion and welcome all comments, especially anonymous death threats sent by the internet. I maintain a special email address for just this, so if anybody is feeling frustrated, you may threaten me directly, and in confidence.

I'm not an attorney at all, but I have obsessively poured over the Labor Code, and various other statutes, and have seen the same exact ideas and concepts I know to be true, employed by the best attorneys in California to a successful victory in court. Unlike my vague ideas about IT, I make sure to fact check myself when making assertions about my proffered knowledge of the Law.

I am not an attorney, but I've poured over it with a level of autistic laser beam precision and I know my knowledge of the law is sound. One misconception everybody seems to assert; "you're not an attorney so you can't say that." I don't need to be an attorney. Theoretically, I could outline my entire case, find a legal pleading which has been successfully tried to verdict, plagiarize it, change a few things, write, "In Pro Per," and represent myself against an employer. I'd probably lose because I have no knowledge of procedures in court. Or maybe, I'd get past summary judgement. Maybe they would settle. Maybe I'd get distracted and FTA for my own court date... But I do know an illegal situation when I see it. It's a that juncture, I hand it over to the professionals. So there's nothing to stop the flow of ideas , there's no chilling effect. People try to act like you cannot assert your rights simply because you lack a JD, and I'm telling you this is the worst way to look at it. When you realize your rights have been violated, all it takes is a phone call to the right people to set the situation straight

 

But let's just get one thing straight. All semantics aside, do you guys believe a forensic expert would be able to conclusively show one way or another, that an email was received on the other end? Assume, that money is no object--the employer has access to the most sophisticated team of IT professionals.

On a legal level, this is where a case would probably settle. The employer would say look, we can win this case in litigation by proving we never received that email. Right off the bat, before we do anything, it's going to cost us $200,000 to hire the IT Forensic expert to analyze our entire system to tell us where this email went. It's going to cost us another $100k in legal fees just to get to this point, and we're taking a 50/50 chance in trial. The Plaintiff demanded $50k in settlement so we will just pay this as a smarter business decision, get confidentiality, and get it done, closed, and terminated.

 

"do you guys believe a forensic expert would be able to conclusively show one way or another, that an email was received on the other end?"
Look, I think you confuse the server with the recipient.

The server is not the same as the person it is addressed to, and the server can't be used as a means to indicate that any one person saw the content of that email unless the person opened the email and it was read.

I remember one federal court case in the pharma world, there was a ruling in the case where the judge would not allow any evidence to be introduced on this same issue, the plaintif's legal team insisted that an email was sent to the defendant but there was nothing to show that the defendant actually saw the content of the email and there was an indication that only the server received the email. She wrote that her reasoning was that a legal recipient could not know the content of the email without opening it which meant that the recipient had to log onto the server when they went to check the email and download the email body in other words if the recipient didn't, they didn't see that email or the content of the email and that is what mattered.

 

Thanks for your insight. Federal judges are a pain. It's much more strict, procedurally. What might not fly in federal court, would probably be more permissible in State court. The legal precedents which apply to a Federal venue, might not necessarily apply to a State venue.

Suffice to say, I think when a plaintiff has a documented history of exchanging emails with that employer, a back and forth of responses over a period of time-- the court will simply infer that they have continued to receive said emails in the absence of anything showing to the contrary. I am not certain what case exactly you are speaking of, but perhaps this was an incident where emails were usually not exchanged. Or the plaintiff would end emails, and never receive a written response. The lack of a back-and-forth exchange on an ongoing basis, probably undermined their position that the Defendant actually received the email.

 

I do not have any faith in DOL's Office of the Solicitor to prosecute a case under section 11c. Almost all of DOL's other whistleblower cases have provisions allowing a private party to prosecute the case with DOL's Office of Administrative Law Judges. I have handled at least 1000 STAA cases with DOL's Office of Administrative Law Judges. The judges of DOL are pretty good (except for a couple).

 

Not if the advice is of a general nature. Each case depends on individual facts.