Legal Question in Legal Ethics in Florida

Remember this as though it was tattooed on your prefrontal cortex- "Once on the Internet always on the Internet". As an analogue, I tutor and present at various law schools and tell every student, in strong terms, that they must never engage with social media. Law firms look very carefully with a wary eye the moment a student application for employment is received. Facebook or Twitter or Linked, etc. provides an abundance of information concerning the student that is off color, off PC remarks, and bad grammar, spelling, and syntax and cannot but help in forming the first impression a firm may have of a recent applicant. Again, another example of "once on the internet forever on the Internet"..

As a matter of public policy, what we had long thought was our right to "privacy" is instead being slowly eroded given the Internet. Even if what you and I would perceive as private information, and understandably so, the right of the public to know- together with 4th Amendment "Free Speech" constructs- seem to demand nothing more than that certain information might be of interest to someone, somewhere in the world. Posters can even lie outright- usually without penalty in most matters.This is not the European Union where the courts have recently said that private information can be taken down upon request to the search engine provider.

Second, nothing can really ever be taken down from the Internet. It is always there. Even if Google, for example, said the site was taken down all that means is that Google's search engine will be instructed to not report that site. That does not in anyway address the fact that there are tons of other search engine companies that will still be able to access the information.

The State Attorney, even if he or she was a dear friend of yours, is clearly not the way to proceed here. Your case requires case-specific knowledge of Internet Law and may not even rise to the level of a possible crime. As a celebrated Police Detective you understand how the State Attorney would rather see this attended to as a "civil matter" and, in your rare case, I wholeheartedly agree.

You MUST get an attorney, who has the knowledge I have about Internet Law, to file a Complaint for Declaratory Relief and a Prayer for a global injunction forbidding any search engine provider from accessing your private information. I think the judge will understand that your situation is personal and highly sensitive (indeed it is a very dangerous situation and requires immediate action by the judiciary). The court to whom your civil complaint will be routed may well have "jurisdiction" [the "power to decide" because even if the search engines company are headquartered out of state they are all "doing business" in Florida and the harm to you "results from" ("arises from") the the business they doing here. Also note that it may indeed be possible to file a class action against all companies that employ search engines. Typically the focus of a class action is on a group of similarly situated and similarly injured or harmed Plaintiffs but, as in your situation, the courts can also deal with countless defendants as a Class (group) if there are related issues and related harms, each present here.

I wish you the best of luck in correcting this travesty. I can be contacted at [email protected]. I can put together a team of attorneys to handle this cutting edge case. Compensation would be on the very low side or the group of attorneys might agree with you to strictly rely on the attorneys fees they will be granted if your action (or class action) is successful. Your "dream team" would also approach the PBA for funding (in part) and guidance.

The lobbyist for the PBA is my son-in-law.

AND THIS IS ALSO VERY IMPORTANT: Your issue also fits nicely into the Fox news continuing rants about how the police are not sufficiently protected, and are always to blame for everything (ala the comments of the State Attorney in Ferguson). I would email and call the Fox newsroom for Greta S, Bill O'Reilly, and Megan Kelly- letting each of them, individually,know the facts, how scared you are for your family, and how this is a national problem. Fox will allow you to present your story "off the record", anonymously. I can refer you to a South Florida attorney who is a paid commentator for Fox and will insure that your story is carefully reviewed, and will get your story to the right people and just might get you story on television. You can demand, and Fox will use, an anonymous name or say "The complainant's name is being withheld to protect his family".

Lastly, could you give me the Florida Statute Number that you have been using with your State Attorney? There is a claim in Florida, albeit a limited one, for invasion of privacy. Is this the statute that you cite to your local State Attorney"

You must hire an attorney- PERIOD. The brambles are much too much to overcome if you attempt to proceed pro se.