For those of you who are ‘over’ the recent controversy about internet take-down orders and indefinite gagging of a blogger, you might want to skip this post. If you’re one of the parties involved, or close to them, please don’t put yourself in harm’s way or at risk of distress by reading on …
I wasn’t really aware of a toxic and dishonest internet sock-puppet who calls him/her/itself ‘Scalia’ until it published false statements about how things work here at The Paepae as if it had some inside knowledge.
As is my practice, I corrected the false information posted in a follow-up posting, but ‘Scalia’ just repeated the false statements.
I’ll explain why that interchange is noteworthy in a minute but, for reference, here’s what went down:
In the context of discussion about some of the implications of the recent court judgement I highlighted in this post Is this what we want? Internet ‘take down’ and indefinite gagging orders?, another blogger Lucia Maria at NZConservative, having read my summary, and (by the sounds of it) feeling queasy, got a copy of the full judgement and read it…
Thanks, I’m reading it now.
I didn’t think it would be possible to be even more disturbed, but this judgement looks like it has effectively killed free speech in NZ.
It’s also very cursory in it’s treatment of the bank statement. The “how” of procurement is not considered important enough to be investigated – the only standard is the amount of distress that it caused and it’s link with a pattern of behaviour.
I’m quite horrified with what I’m reading, especially the bits about lawyers being a kind of protected species. Who knew? All those people making jokes about lawyers might need to be more careful in the future.
To which I said:
Yes, I found it chilling too, Lucia Maria.
Now, just as an exercise in imagination, pretend you were reading that judgement the *day after it was issued*, having been sent it directly by the successful applicant with a request that you ‘remove material’ from your blog.
Because that’s my context.
– P
And up popped a sock-puppet. ‘Scalia‘ purports to be a blogger, but a quick check of its ‘blog’ reveals a low level of activity — four posts since February 2011. (I’ll let you make your own judgements about their quality.)
‘Scalia’ stated (as if these were facts implying some inside knowledge):
The difference here of course Lucia Maria is that Peter Aranyi released from his moderation queue 3 separate comments written by [the blogger] stating that [the lawyer] is a [snip] and and that she, a barrister and solicitor, had [snip]. No attribution or link to any evidence. I saw the comments myself and I see them cited in the decision of the learned Judge. (excisions and emphasis added)
Which is untrue, as I explained:
Given your alleged concern for the applicant in this case, I’m surprised you would repeat the defamatory(?) remarks as you have. I don’t think she would thank you for that.
You’re incorrect in fact in your assertion “Peter Aranyi released from his moderation queue 3 separate comments written by…”
No, actually, anonymous Scalia, I didn’t. At that stage, as a commenter with more than one ‘approved’ comment on The Paepae, the blogger’s comments appeared without moderation. (You may see that as a fine distinction, but it is a distinction nonetheless.)
But anonymous Scalia repeated the false statements — bearing false witness — and, again, pretended to have inside knowledge:
There were 3 comments. Two about [snip], one about [snip]. I read them. Peter Aranyi moderates comments. The defamatory comments were queued in moderation, Peter Aranyi chose to release them from the queue. They stayed online and were only removed when the applicant complained for which we are all supposed to go boo hoo for Peter Aranyi and ignore the rest of the facts.
So, once again, faced with an anonymous sock-puppet making statements about me and my actions that I know to be untrue, I rebutted them:
Repeating it doesn’t make it true, anonymous Scalia. Those statements are not true. Ask the applicant.
When she telephoned me about the 8/7/12 comment (the one I described as ‘crossing the line’, I was away from my computer (at Auckland airport, in fact) and HAD NOT seen it. I was able to ‘unapprove’ it via the WordPress app on my phone shortly after her call.
On my return that afternoon I closed the comment stream, placing this note in the last comment (it’s still there):
Update: I’m CLOSING comments on this thread, and I’ve moderated a few (including my own) to avoid the law of unintended consequences. I said right at the beginning that I didn’t want to re-litigate the case here.
I’m sorry, it’s just gotten too blistering. Some commenters, including but not just Jacqueline, are swinging pretty heavy clubs and people’s reputations are being potentially affected and genuine ‘distress’ caused by unsubstantiated allegations. That’s not what this blog is about. Enough is enough.
Feel free to email me (address here) if you have any queries or concerns or if you want to comment to me directly. No-one has threatened me.
– Peter 8 July 2012
You and anonymous Scrubone malign and attack me as untruthful and a ‘hypocrite’ etc from behind your cowardly little pseudonyms. Don’t you realise your hateful behaviour is confirming the allegations against you?
The sock-puppet ‘Scalia’ is, in my opinion (and now my direct experience) a malicious liar — someone who bears false witness, and does so from behind a mask.
A web of deceit
I gave up wasting time trying to work out who sock-puppets are long ago, when I encountered them learning the ropes in my beloved PropertyTalk discussion forum. It’s not a good use of energy. What happens is that eventually they trip up and get exposed. (‘Whatever is whispered in secret will one day be shouted from the rooftops.’ Are we there yet?)
But it can be interesting to see the effort they go to, to weave their deceitful web.
The cartoon the ‘Scalia’ sock-puppet uses as its avatar is from a 2003 Slate.com article about US Supreme Court Justice Antonin Scalia (above right).
Here’s its Blogger profile. As noted, the ‘blog’ isn’t very substantial. It seems to me the ‘Scalia’ sock-puppet is mainly operated to post nasty attacks on other people the hand-in-the-sock doesn’t agree with. Last week it was me and Lucia Maria, for the last few years it’s been the blogger at the centre of these court cases.
That fake Blogger profile reminds me of the much-more convincing fake Google Plus profile of a commenter here last year — ‘Cally’ — who popped up to pseudonymously smear the blogger in this case and chastise me as one-sided and unfair.
‘Cally’ was exposed as a sock-puppet, coincidentally, in the discussion thread of my post Declaring where you’re coming from, when ‘she’ flicked me a link to ‘her’ Google profile, and it turned out ‘she’ had used a commercial stock photo as ‘her’ profile pic.
Hilariously, an image search found the photo had also been used on psychiatry websites to illustrate schizophrenia and hypnotherapy (I know, right? You just CAN’T make this stuff up!) and a dubious Romanian (porn?) site.
Goodbye Cally.
So the malicious sock-puppet Scalia is just another phoney person as far as I am concerned.
Sock-puppet Scalia is deceiver — affecting to possess ‘insider knowledge’ about me and my website that it does not have, sock-puppet Scalia has made misleading statements about me, my decisions, and my actions.
And sock-puppet Scalia is also one of those who has and does send goading, harassing and abusive messages and comments to the blogger at the centre of these court judgements. (See my comments about ‘subterranean’ actions in this comment about how the ‘war’ against the blogger has been waged by people like sock-puppet Scalia.)
While supposedly complaining about cyber-bullying and character assassination, from behind a pseudonym with no accountability (or so it thinks) sock-puppet Scalia posts nasty, bullying messages publicly using its targets’ names, as if trying to feed Search engines malign, anonymous falsehoods and exposing its puppet-master’s hate.
-P
Facts are stated to the best of my knowledge and commentary is my honest opinion. Corrections or clarifications are always welcome by email. Comments are open, but watch your step.
– Best wishes, Peter Aranyi © 2013 All rights reserved.
Without wishing to defend Justice Scalia or his Cathlocism, Peter, I see this criticism of him is a classic straw man. It is not comparing homosexuality to murder to ask if moral feelings are illegitimate.
Yes, you’re absolutely right. Moral feelings are legitimate.
Your comment came just as I had decided to remove that link to the REAL Justice Scalia’s controversial statement as ‘off-the-point’ of this post.
My observation, and the way Justice Scalia basks in the sunshine of the attention Jon Stewart gives him, is that he thrives on being …’outspoken. (Images of Archie Bunker drifted in my head just then.)
Cheers, -P
Wasn’t Archie Bunker a great character?
Sure. Part of the charm of All In The Family was Archie Bunker’s absolutely breathtaking bigotry — played for ‘laughs’ beautifully as sharp, sharp satire. We came for the chuckles but were pierced by the poignancy of that show. Wonderful.
If I could add another thought about what I see as this misuse of anonymity: It’s not that sock-puppet Scalia is hiding behind a mask … it’s what he throws at other people (the blogger, me, Lucia Maria) from behind there. By all means conceal your identity, but don’t use that as a platform from which to launch such attacks.
That, as you said here Graeme
http://www.thepaepae.com/is-this-what-we-want-internet-take-down-and-indefinite-gagging-orders/30459/comment-page-1/#comment-37967
seems like loving the darkness.
– P
Hi Peter,
Just a comment regarding Lucia Maria’s observations regarding the bank statement – the “how” of procurement.
My understanding is that the bank statement was originally put forward in evidence by Ms Flannagan in the first set of proceedings, annexed to one of her affidavits, which was of course dutifully served on Ms Sperling, who then published it online after the first judgment was realised.
Which raises some interesting questions.
Restraining Order proceedings are District Court matters that are open to the public. Anyone can sit in the public gallery and view proceedings; proceedings are only suppressed if a specific application is made by one of the parties (I’m not sure what the criteria are for a suppression order to actually be made); judgments are available to the public to view with no redacting of names or other details, unless specifically directed by the Judge (again, not sure on the criteria for that to happen).
So if Ms Flannagan placed her bank account details in an affidavit, and no Order was made by the Court suppressing mention of that evidence, surely Ms Sperling can’t have done anything wrong by releasing it to the public on her blog? After all, all the evidence on the Court file was technically able to be accessed by the public anyway. (I’m presuming the procedure would be much like the media applying to view a criminal file.)
Was it very nice of Ms Sperling? Well, not really… But was there a justification? I’d argue yes – in Ms Sperling’s mind, she was exposing the (as she saw it) hypocrisy of Ms Flannagan’s actions in fundraising when there was already sufficient funds in her bank account (Ms Sperling wasn’t to know that the funds were already spoken for, as per Ms Flannagan’s later affidavit evidence.).
Defamatory? Probably not – I’d argue there’s a fairly good honest belief / honest opinion argument to be run there. And the details of how much money was in the account were certainly accurate – after all, that was Ms Flannagan’s sworn evidence!
And that’s where things get sticky in terms of the question as to whether the proceedings should have been under defamation law or the Harassment Act. Ms Flannagan was successful in gaining a Restraining Order with a take down and gagging special condition, removing anything to do with her bank account details from Ms Sperling’s blog, whereas she probably wouldn’t have got anywhere close with a defamation action.
Which raises some concerns regarding free speech and the impact that Judge Harvey’s judgment may have on it…
Jay,
Yes it’s hard to characterise the deployment of that bank printout as an invasion of the lawyer’s privacy or breach of District Court rules — but using it to question her and her husband’s honesty/integrity was a pretty heavy cudgel for the blogger to swing, in my opinion … even acting ‘reactively’.
I had the impression, from the declaration on the bank printout that it was a statement in support of an application for ‘security for costs’ or some such — filed to demonstrate to the court that the applicants had the means to cover any adverse award of costs.
I referred to the equivocal nature of the blogger’s later production of that printout — what it actually disclosed —in part of my reply to anonymous Scalia at Lucia Maria’s blog:
“The other [comment by the blogger published on The Paepae cited in the Decision][51] was general in nature, but, as I understand it, read in context (by the applicant and others) with material posted elsewhere, to obliquely refer to an [alleged] disparity between affidavit evidence (the bank printout referred to above) and statements made in fund-raising efforts. That comment, which *could* be read to allege dishonesty, but could also be read as merely saying *things had changed* since the affidavit was sworn – has since been moderated at the applicant’s request. Fair enough.”
To perhaps better express that, while it is awful to have one’s honesty questioned publicly, the ‘evidence’ of the bank printout didn’t actually conclusively prove any such [alleged – if it was alleged] dishonesty. [Update: Actually, I recall now, Judge Harvey’s Decision says the blogger used the word ‘con’ on her blog … that seems to me to be an allegation of dishonesty, no two ways about it.]
Indeed, a public statement by the lawyer or a statement to supporters explaining that the money showing on the printout was already legitimately spoken for etc would have been a good alternative approach.
I know I wouldn’t appreciate any of my own financial details being published and my integrity being publicly questioned in that manner, but in the context of the to and fro of character attacks that seem to have swirled around this dispute, it seems to me many such ‘blows’ have been traded, anonymously or not.
Again, I share your disquiet Jay, about the Defamation vs Harassment Act proceedings.
It’s not illegal to hold a low opinion of another citizen … and to publicly advance ‘evidence’ (contestable evidence) to support your negative assessment. (Truth, honest opinion etc.)
– P
He might not be a sock puppet. I’ve found that blogging tribalism does create a number of supporters, kinda like what happens with politics, where they pick a side and they demolish the opposition with whatever means necessary. He might just be enjoying the show.
Of course then, it puts the onus on the opposition to call these people off by some sort of public statement to cease and desist. I have seen nothing of the sort, and can understand the reticence in doing so – however, given, I’m sure that they are reading these comments, if this is not done, then the presumption has to be that they at the very least enjoy the effect that people such as Scalia create, even if they aren’t puppeteers as such.
Plausible deniability (ie can’t be held responsible for what supporters do) is now becoming less plausible as no calling off the dogs has been issued.
Hi Lucia Maria,
Thanks for sharing your insight.
I don’t think the hand in sock-puppet Scalia’s ‘hosiery’ belongs to the applicant or her family. But it is, *in effect*, a ‘weaponised’ fake profile being used to ‘engage’ in the dispute — landing punches in public and goading behind the scenes. That’s how I see it.
It seems clear Mr/Ms/Dr/Rev Scalia is acting in some way as a proxy and, by implication, with some sort of implicit ‘consent’.
Some of the comments the Scalia profile has made on your blog seem to me to portray an ‘inside the camp’ knowledge. (But that’s just an impression I have,)
I have to wonder what foundation it was *attempting* to lay with its incorrect statements in your comment stream about so-called “defamatory” comments supposedly being “held” then “released from The Paepae’s moderation queue”.
Call me paranoid, but I felt I needed to respond to those false statements to put the facts on the record.
I note your use of “plausible deniability”. Hmmm good point.
– P
Update: Oh Lucia Maria, I’ve just seen your comment addressed to anonymous Scalia tonight on your blog. Very sensible.
Am i allowed to state publicly that his repetitive claim that i have 6 court cases against me is a complete and utter lie (bearing false witness) and that if he has access to any “inside knowledge” that “knowledge” is also a lie?
This claim regarding court cases while constantly stating my full name next to it is nothing more than an attempt to hinder future employment opportunities.
First these people told me that i was not intelligent enough to get a degree and that i would not pass my papers.
I proved them wrong.
Now they are trying to ensure that i am unable to get a job once i graduate.
Christians do not behave this way.
Well, given the context, I could hardly stand in the way of you making a public statement here to rebut what sock-puppet ‘Scalia’ has published about you elsewhere, Jackie.
(But if I were in your shoes, I would refrain from ‘engaging’ any more.)
Speaking personally, it seems to me part of what whoever lurks behind the weaponised ‘Scalia’ profile has set out to do could be seen as resembling an agent provocateur.
– P
I completely agree.
Thank you for allowing me to refute the 6 court cases lie though. Such blatant dishonesty while claiming such righteousness does make it very difficult to remain silent, which i suppose is the purpose of that lie – and the others.
Anyway – thanks.