Doctor of Economics Sentenced for Cyber-Stalking, Extorting Ex-wife

By Nicholas Phillips

(Missouri, USA) ​Jovica Petrovic, a 62-year-old native of Croatia, was sentenced today to 97 months in prison for cyber-stalking and extorting his former American wife.

Last November, a jury found him guilty upon learning of the bizarre events that transpired after the couple's divorce: Petrovic posted on a website some images of them having sex (which he'd secretly recorded). He also added personal information about the woman's past and her children.

In addition, the jury learned how Petrovic printed that web address on about 150 postcards and mailed them to her colleagues, friends, family -- even the local Walgreens. He told her he'd take down the site if she gave him furniture, her wedding ring and $100k.

"I was out of my mind," Petrovic told the court today in a long, meandering statement delivered with a heavy German accent (he was born in Croatia but grew up in Germany; he also has a doctorate in economics).

His attorney, Steve Stenger, added that the government had "overreached" in a private dispute, and sought to "demonize" his client.

Assistant U.S. attorney John Sauer, however, countered that Petrovic "made himself into a demon" by committing acts that were "vile, appalling and disgusting." The defendant's deeds were coldy calculated in advance, Sauer added, to destroy his ex-wife and inflict as much personal pain and humiliation as possible.

In the end, it came down to the opinion of U.S. district court judge Henry Autrey.

"We can do so many things with the Internet," Autrey said drily. "Nobody can see us as we slink and stalk and covet. It's fun. The Internet is a beautiful thing."

But Petrovic was trying to diminish his responsibility, the judge observed, by suggesting that his ex-wife was complicit in his crimes. Autrey -- like the jury -- found such a version of events "inconceivable."

The government had asked for a sentence above the guideline range for a total of 87 months. Judge Autrey went above and beyond that, sending Petrovic away for 96 months.

Petrovic said he would appeal.

original article here

Dating Web Sites Bring Sugar Daddies, 'Babies' Together

Proponents Call It a Mutually Beneficial Arrangement, But Others Say It's Prostitution
By JOHN STOSSEL, CATHERINE BROSSEAU and ANDREW KIRELL

Sugar Daddy Courts Young Women Online - CLICK HERE FOR VIDEO

In this tough economy, at least one industry is booming: "sugar daddy" dating Web sites.

Some users say they are making tens of thousands of dollars per month, and the work's not difficult. Critics call it prostitution, but those involved simply call it a mutually beneficial arrangement.

Erin Miller, a 23-year-old, self-described model/actress, uses a dating Web site called SeekingArrangement.com. On her profile, she has advertised herself as looking for a "playful, open relationship with financial benefits."

"I'm dating four sugar daddies right now," she said.

She and thousands of other women have found their "sugar daddies" on SeekingArrangement.com, which, in many ways, resembles a traditional dating Web site.

Women can join for free. They post pictures and describe themselves to prospective dates. But there's an important difference: The women also write how much money they expect in return for dating the men. In Miller's case, she leaves the amount negotiable, but some "sugar babies" ask for as much as $30,000 a month.

Miller has only been on the Web site for a couple of months, yet she feels as though her life has already changed drastically.

"I've been shopping all over, nice cars. I got a new condo," she said. "Every day is a new adventure."

One of her sugar daddies lets her use his yacht. He also sends her a Rolls Royce and a chauffeur to take her shopping. Another date pays for her condo, and another gave her a Mercedes.

"Money helps tremendously with happiness, because I would not be happy dating a guy who lived at home in his parents' basement," she confessed.

How does a sugar baby like Miller get to know her dates?

"The dates usually start off with some coffee or a drink somewhere, and then you get to know each other, to see if you're feeling the vibe," she said. "And then go on a second date and start talking about your rent. And they'll ask you how much money you need and what's your budget."

In return, Miller said, "the guys get a hot chick -- arm candy that can make them look good and [that they can] have fun with."

Ady Gil, a 50-year-old entrepreneur, claims he's worth between $10 million and $50 million. He owns two large production companies in Los Angeles. He believes the arrangement site is a great way to meet women.

"You can make a deal with the girl. You don't have to worry about whether it's going to be 'yes' or 'no,'" he said. "You don't have to take them to dinner and hope that maybe something will happen. The cards are on the table."

Men pay $45 for membership on the Web site, but some, like Gil, pay an extra $1,000 to have the site verify his wealth and put his profile in a prominent spot.

Web Site Creator: 'I Wasn't Very Good at the Social Scene'

Gil is far from unattractive and could certainly find women without paying. So why does he do it?

"Because most of them are drop-dead gorgeous," he explained. "First, a lot of them are very intelligent and are not the regular girls. The Match.com women are boring.

"The other thing is you want to buy the age gap," he added.

So, unlike the standard dating sites, this Web site provides older men like Gil a chance to find younger women by advertising their wealth.

"If you go to most of these [dating] Web sites, the girls say, 'I'd like to find someone between 25 and 35.' Well, I don't fall into this category anymore," he said. "But when they come and meet me and they go out with me, they say, 'Wait a second, he's 50 years old but he's a whole lot more fun than the 35-year-old man.'"

The Web site works so well for Gil that he said he has to shut his profile down Monday through Friday because of the thousands of e-mail responses he receives.

Entrepreneur and MIT graduate Brandon Wade, a former Microsoft and GE executive, created Seeking Arrangement three years ago. It's an odd business for someone with such a buttoned-up background.

"The inspiration came partially because I was at MIT," he said. "I was very much a nerd and a geek. I wasn't very good at the social scene. I was on regular dating Web sites. I would write messages to beautiful women and I would not hear a response, and I understand why."

Over time, Wade figured out what could allow him to stand apart from the other men on those dating Web sites: His money.

"It would be silly to say, you know, money is not important in society," he said.

Sugar daddies get more than just sex: Many get makeovers, Wade explained. His wife, who he calls a "sugar baby," transformed him into the man he is today.

"I was wearing those Harry Potter glasses and women would not give me any time of day," he said. "But I met my wife, who is 13 years younger than me. She likes to pick stuff out for me. My transformation is one of the benefits that sugar daddies get from a relationship such as this."

Today, nearly 3 million women advertise on this and other sugar daddy dating Web sites. Some ask their sugar daddies for Prada and Gucci bags, fabulous vacations, and even breast implants. Others just ask for help with basics like money for tuition or rent.

Sugar Daddies, Babies Happy; Critics Say It's Still Prostitution

Natalie Caplis, a single mother from Montana, was struggling to make ends meet until she made an arrangement that changed her life.

"For me, getting on this site wasn't about getting a $500 pair of shoes or living this lavish lifestyle. It was really about just feeling secure with my basic needs," she explained. "I just, for one time, got to breathe. I got to spend time with my son without having to worry about am I going to have the rent paid?"

One sugar daddy helped her get into a better apartment. He also purchased a brand new car for Caplis and her son to use.

Why are the sugar daddies so willing to give?

"You know how many women need help?" asked Gil. "I'm not giving a handout. I'm getting something. I've seen women there that actually came out of a magazine. The girl who works for me, you can take her out of a magazine."

After meeting one woman through Seeking Arrangement, Gil decided to help her out and hire her as his receptionist. He hired another sugar baby to be his personal "entertainment coordinator" for a month.

As part of their arrangement, Gil told her, "For the next month, you're going to make sure that I have a good life. You make some dinner reservations. We'll go out, we'll roll in the sheets."

Web sites like Seeking Arrangement do offer perks for older, wealthier, and sometimes married men to get into no-strings-attached arrangements with women.

However, this has its share of risks.

Multimillionaire Stephen Dent, an heir to the DuPont fortune, advertised himself as a sugar daddy on SeekingArrangement.com. He got several dates and then was blackmailed to keep his arrangement a secret from his wife. Police stopped the blackmailer, but Dent continued to use the website until more blackmail attempts began. In total, four people have been charged with trying to extort dent out of more than $100,000. Three of them have been convicted.

"You expect that when you have a Web site where you have lots of beautiful women and lots of rich men gathering," said Wade. "At the end of the day, you know, dating is a risky thing on the Internet, so precautions need to be taken."

Former prosecutor Wendy Murphy said that although the sugar daddy Web sites are legal, if money is exchanged for sex, then that's a crime.

"I don't know how you can call it anything but prostitution," she said.

Self-described "sugar baby" Miller disagreed.

"If someone wants to help me out financially, it's nobody else's business," she said.

Sexual advertising is hardly a secret these days. One only has to take a look at Craigslist's "adult services" classifieds section to see that. Even in the Yellow Pages, there are 20 pages of "escort" and "massage" services.

If this is illegal, then why is it out in the open like this? And why don't we hear about more prosecutions?

"It's a crime that not a lot of people care about," Murphy said. "[It] doesn't mean we should give up and just let it happen."

She argued that if everyone were to start robbing banks tomorrow, we wouldn't give up trying to prosecute those crimes.

But robbing banks steals from others. This behavior is different.

CEO: 'Just Because a Guy Gives a Woman Money and Sleeps With Her Doesn't Necessarily Mean It Is Prostitution'

As far as the SeekingArrangement.com CEO is concerned, his site doesn't allow prostitutes.

"I draw a very clear line between what is prostitution and what isn't," Wade said.

So then, what is the difference?

"Just because a guy gives a woman money and sleeps with her doesn't necessarily mean it is prostitution," he said.

Gil agrees. He sees contradictions in what society deems to be prostitution.

"In 1955, my father made an arrangement with my mother," Gil said. "He put a ring on her finger and he said, 'I'm going to support you for the rest of your life.' So my father made an arrangement with my mother. If you make an arrangement for an hour, it's sleazy. But an arrangement for 50 years is OK. So, is it a time factor?"

But it's hard to deny that an arrangement for an hour is inherently sleazier than a marriage, right?

"An hour may seem sleazy," he said. "But when you take it a little bit farther into a day, a week, a month, then it appears to be a little better, I guess. You could call it prostitution or anything you want to, but I don't. Prostitution is just an ugly word for it."

"The concept that you trade your intimate sexual self for money is prostitution, if not slavery," Murphy said. "It's not a clear case the way slavery was, but it's darn close because of what's being sold: access to the intimate self."

However, Caplis, the single mother who said Seeking Arrangement improved her life, pointed out that sex is not always a part of the arrangement. One man she met through the Web site bought her a car, but they never had sex. They only talked on the phone and were never together in person.

"Never," she said. "And that is also the part that is hard for people to believe. That's why it's such a miracle. How could you possibly imagine that would happen?"

If not for sexual favors or physical companionship, why then would he give her all those gifts?

"I'm sure that he felt satisfied knowing that he was taking care of somebody that was true and honest and that really needed help," she said.

Her sugar daddy may have been satisfied, but that's clearly not what most men on the Web site are looking for.

"One of the things that make men happy is sex," Gil said. "I'll put it out there. It does. It makes men happy, you know?"

He likes to think that the women, once they get to know him, are not just in it for the money.

Miller seemed to suggest otherwise.

"I'm not a slut or a prostitute, like people might say," she said. "But if one of my sugar daddies ran out of money, I probably wouldn't talk to him anymore."

Dating Web Sites Bring Sugar Daddies, 'Babies' Together

Proponents Call It a Mutually Beneficial Arrangement, But Others Say It's Prostitution
By JOHN STOSSEL, CATHERINE BROSSEAU and ANDREW KIRELL

Sugar Daddy Courts Young Women Online - CLICK HERE FOR VIDEO

In this tough economy, at least one industry is booming: "sugar daddy" dating Web sites.

Some users say they are making tens of thousands of dollars per month, and the work's not difficult. Critics call it prostitution, but those involved simply call it a mutually beneficial arrangement.

Erin Miller, a 23-year-old, self-described model/actress, uses a dating Web site called SeekingArrangement.com. On her profile, she has advertised herself as looking for a "playful, open relationship with financial benefits."

"I'm dating four sugar daddies right now," she said.

She and thousands of other women have found their "sugar daddies" on SeekingArrangement.com, which, in many ways, resembles a traditional dating Web site.

Women can join for free. They post pictures and describe themselves to prospective dates. But there's an important difference: The women also write how much money they expect in return for dating the men. In Miller's case, she leaves the amount negotiable, but some "sugar babies" ask for as much as $30,000 a month.

Miller has only been on the Web site for a couple of months, yet she feels as though her life has already changed drastically.

"I've been shopping all over, nice cars. I got a new condo," she said. "Every day is a new adventure."

One of her sugar daddies lets her use his yacht. He also sends her a Rolls Royce and a chauffeur to take her shopping. Another date pays for her condo, and another gave her a Mercedes.

"Money helps tremendously with happiness, because I would not be happy dating a guy who lived at home in his parents' basement," she confessed.

How does a sugar baby like Miller get to know her dates?

"The dates usually start off with some coffee or a drink somewhere, and then you get to know each other, to see if you're feeling the vibe," she said. "And then go on a second date and start talking about your rent. And they'll ask you how much money you need and what's your budget."

In return, Miller said, "the guys get a hot chick -- arm candy that can make them look good and [that they can] have fun with."

Ady Gil, a 50-year-old entrepreneur, claims he's worth between $10 million and $50 million. He owns two large production companies in Los Angeles. He believes the arrangement site is a great way to meet women.

"You can make a deal with the girl. You don't have to worry about whether it's going to be 'yes' or 'no,'" he said. "You don't have to take them to dinner and hope that maybe something will happen. The cards are on the table."

Men pay $45 for membership on the Web site, but some, like Gil, pay an extra $1,000 to have the site verify his wealth and put his profile in a prominent spot.

Web Site Creator: 'I Wasn't Very Good at the Social Scene'

Gil is far from unattractive and could certainly find women without paying. So why does he do it?

"Because most of them are drop-dead gorgeous," he explained. "First, a lot of them are very intelligent and are not the regular girls. The Match.com women are boring.

"The other thing is you want to buy the age gap," he added.

So, unlike the standard dating sites, this Web site provides older men like Gil a chance to find younger women by advertising their wealth.

"If you go to most of these [dating] Web sites, the girls say, 'I'd like to find someone between 25 and 35.' Well, I don't fall into this category anymore," he said. "But when they come and meet me and they go out with me, they say, 'Wait a second, he's 50 years old but he's a whole lot more fun than the 35-year-old man.'"

The Web site works so well for Gil that he said he has to shut his profile down Monday through Friday because of the thousands of e-mail responses he receives.

Entrepreneur and MIT graduate Brandon Wade, a former Microsoft and GE executive, created Seeking Arrangement three years ago. It's an odd business for someone with such a buttoned-up background.

"The inspiration came partially because I was at MIT," he said. "I was very much a nerd and a geek. I wasn't very good at the social scene. I was on regular dating Web sites. I would write messages to beautiful women and I would not hear a response, and I understand why."

Over time, Wade figured out what could allow him to stand apart from the other men on those dating Web sites: His money.

"It would be silly to say, you know, money is not important in society," he said.

Sugar daddies get more than just sex: Many get makeovers, Wade explained. His wife, who he calls a "sugar baby," transformed him into the man he is today.

"I was wearing those Harry Potter glasses and women would not give me any time of day," he said. "But I met my wife, who is 13 years younger than me. She likes to pick stuff out for me. My transformation is one of the benefits that sugar daddies get from a relationship such as this."

Today, nearly 3 million women advertise on this and other sugar daddy dating Web sites. Some ask their sugar daddies for Prada and Gucci bags, fabulous vacations, and even breast implants. Others just ask for help with basics like money for tuition or rent.

Sugar Daddies, Babies Happy; Critics Say It's Still Prostitution

Natalie Caplis, a single mother from Montana, was struggling to make ends meet until she made an arrangement that changed her life.

"For me, getting on this site wasn't about getting a $500 pair of shoes or living this lavish lifestyle. It was really about just feeling secure with my basic needs," she explained. "I just, for one time, got to breathe. I got to spend time with my son without having to worry about am I going to have the rent paid?"

One sugar daddy helped her get into a better apartment. He also purchased a brand new car for Caplis and her son to use.

Why are the sugar daddies so willing to give?

"You know how many women need help?" asked Gil. "I'm not giving a handout. I'm getting something. I've seen women there that actually came out of a magazine. The girl who works for me, you can take her out of a magazine."

After meeting one woman through Seeking Arrangement, Gil decided to help her out and hire her as his receptionist. He hired another sugar baby to be his personal "entertainment coordinator" for a month.

As part of their arrangement, Gil told her, "For the next month, you're going to make sure that I have a good life. You make some dinner reservations. We'll go out, we'll roll in the sheets."

Web sites like Seeking Arrangement do offer perks for older, wealthier, and sometimes married men to get into no-strings-attached arrangements with women.

However, this has its share of risks.

Multimillionaire Stephen Dent, an heir to the DuPont fortune, advertised himself as a sugar daddy on SeekingArrangement.com. He got several dates and then was blackmailed to keep his arrangement a secret from his wife. Police stopped the blackmailer, but Dent continued to use the website until more blackmail attempts began. In total, four people have been charged with trying to extort dent out of more than $100,000. Three of them have been convicted.

"You expect that when you have a Web site where you have lots of beautiful women and lots of rich men gathering," said Wade. "At the end of the day, you know, dating is a risky thing on the Internet, so precautions need to be taken."

Former prosecutor Wendy Murphy said that although the sugar daddy Web sites are legal, if money is exchanged for sex, then that's a crime.

"I don't know how you can call it anything but prostitution," she said.

Self-described "sugar baby" Miller disagreed.

"If someone wants to help me out financially, it's nobody else's business," she said.

Sexual advertising is hardly a secret these days. One only has to take a look at Craigslist's "adult services" classifieds section to see that. Even in the Yellow Pages, there are 20 pages of "escort" and "massage" services.

If this is illegal, then why is it out in the open like this? And why don't we hear about more prosecutions?

"It's a crime that not a lot of people care about," Murphy said. "[It] doesn't mean we should give up and just let it happen."

She argued that if everyone were to start robbing banks tomorrow, we wouldn't give up trying to prosecute those crimes.

But robbing banks steals from others. This behavior is different.

CEO: 'Just Because a Guy Gives a Woman Money and Sleeps With Her Doesn't Necessarily Mean It Is Prostitution'

As far as the SeekingArrangement.com CEO is concerned, his site doesn't allow prostitutes.

"I draw a very clear line between what is prostitution and what isn't," Wade said.

So then, what is the difference?

"Just because a guy gives a woman money and sleeps with her doesn't necessarily mean it is prostitution," he said.

Gil agrees. He sees contradictions in what society deems to be prostitution.

"In 1955, my father made an arrangement with my mother," Gil said. "He put a ring on her finger and he said, 'I'm going to support you for the rest of your life.' So my father made an arrangement with my mother. If you make an arrangement for an hour, it's sleazy. But an arrangement for 50 years is OK. So, is it a time factor?"

But it's hard to deny that an arrangement for an hour is inherently sleazier than a marriage, right?

"An hour may seem sleazy," he said. "But when you take it a little bit farther into a day, a week, a month, then it appears to be a little better, I guess. You could call it prostitution or anything you want to, but I don't. Prostitution is just an ugly word for it."

"The concept that you trade your intimate sexual self for money is prostitution, if not slavery," Murphy said. "It's not a clear case the way slavery was, but it's darn close because of what's being sold: access to the intimate self."

However, Caplis, the single mother who said Seeking Arrangement improved her life, pointed out that sex is not always a part of the arrangement. One man she met through the Web site bought her a car, but they never had sex. They only talked on the phone and were never together in person.

"Never," she said. "And that is also the part that is hard for people to believe. That's why it's such a miracle. How could you possibly imagine that would happen?"

If not for sexual favors or physical companionship, why then would he give her all those gifts?

"I'm sure that he felt satisfied knowing that he was taking care of somebody that was true and honest and that really needed help," she said.

Her sugar daddy may have been satisfied, but that's clearly not what most men on the Web site are looking for.

"One of the things that make men happy is sex," Gil said. "I'll put it out there. It does. It makes men happy, you know?"

He likes to think that the women, once they get to know him, are not just in it for the money.

Miller seemed to suggest otherwise.

"I'm not a slut or a prostitute, like people might say," she said. "But if one of my sugar daddies ran out of money, I probably wouldn't talk to him anymore."

Teacher Fired for Bad Behavior on MySpace

by J. Neuberger

It's not just students who can get into difficulty for school-related blogging.

In a recent case, a federal court rejected a challenge brought by a non-tenured teacher when the public school at which he taught decided not to renew his contract. The school had accused the teacher of overly familiar contacts with students via his MySpace page that were deemed "disruptive to school activities."

Spanierman v. Hughes
In Spanierman v. Hughes, 2008 U.S. Dist. LEXIS 69569 (D. Conn. Sept. 16, 2008), Jeffrey Spanierman, a teacher at Emmett O'Brien High School in Ansonia, Connecticut, created a MySpace page, ostensibly "to communicate with students about homework, to learn more about the students so he could relate to them better, and to conduct casual, non-school related discussions."

One of Spanierman's school colleagues became concerned about the page, which she said contained, among other things, pictures of naked men with "inappropriate comments" underneath them. She was also concerned about the nature of the personal conversations that the teacher was having with the students, and she convinced Spanierman to remove the page, which she considered "disruptive to students."

Spanierman subsequently created a new MySpace page, however, that included similar content and similar personal communications with students. When the colleague learned of the new page, she reported it to the school administration, which placed Spanierman on administrative leave and ultimately declined to renew his teaching contract for the following year. After hearings that he attended with his union representative and later with his attorneys, he received a letter stating that he had "exercised poor judgment as a teacher."

Legal Issues
The discipline of a teacher for conduct outside the classroom raises a number of legal issues, depending upon the circumstances: Is the school public or private? Did the teacher have a contract with the school that gives the teacher rights with respect to job termination? Are there state statutes that impose standards on the teacher, or obligations on the school with respect to teacher discipline? Did the conduct involve expression that may be protected by the First Amendment? Did the conduct have a connection to the school environment?

Spanierman was employed by a public school, consequently, the school's ability to take disciplinary action was limited by both the federal and state constitutions, in particular the First Amendment and the "due process" clause of the Fourteenth Amendment. Spanierman claimed that both his "procedural" and his "substantive" due process rights were violated.

As a non-tenured teacher, Spanierman was more vulnerable to the school's evaluation of his conduct than a tenured teacher might have been.

The nature of the "procedure" to which an individual is entitled under the due process clause depends upon the nature of the right the individual is claiming. The minimum procedure to which an individual is usually entitled is notice and an opportunity to be heard. Spanierman based his procedural due process claim on the Connecticut Teacher Tenure Act, which he claimed gave him certain procedural rights, i.e., a period of notice and a hearing, and termination only for just cause. The court found that Spanierman had received notice and a hearing, but that neither the Connecticut Statute nor the teacher's union-negotiated agreement required a showing of just cause for a decision not to renew a non-tenured teacher's contract.

A claim of substantive due process focuses on the nature of the action taken by government rather than the procedure by which it is undertaken, i.e., whether the governmental action is arbitrary or without justification. The court also rejected Spanierman's substantive due process claim that the public school's action was arbitrary, egregious and outrageous, again relying on Spanierman's non-tenured status, and the fact that non-renewal of a non-tenured teacher's contract was the type of event specifically anticipated in the union-negotiated employment agreement.
Selective Prosecution?

Apparently, Spanierman was not the only teacher in the school with a MySpace page. Accordingly, he made a "selective prosecution" argument, pointing to two other teachers at his school who also had MySpace pages but who had not been disciplined. Spanierman argued that he had been treated differently than his colleagues in violation of the U.S. Constitution's Equal Protection clause. The court dismissed that claim on purely legal and on factual grounds, i.e., that Spanierman failed to show that the other teachers had contact with students via their MySpace pages. Consequently, the court concluded, the situations of the other teachers were not analogous to Spanierman's (they were not "similarly situated") and therefore he had not been treated differently in comparison to them.

Spanierman's free speech claim was rejected as well. Although the U.S. Supreme Court has recognized that both students and teachers retain free speech rights in the school environment, those rights are not unrestricted. See, for example, Morse v. Frederick, 127 S. Ct. 2618 (2007), the "Bong Hits for Jesus" case, where the U.S. Supreme Court famously upheld the discipline of a student for unfurling a banner containing a pro-drug message at a school-sponsored event, on the grounds that the banner violated a school policy against the display of material advertising or promoting the use of illegal drugs.
Disruptive to School Activities

The school district judged that Spanierman's behavior on his MySpace page was "likely to disrupt school activities." It is on this point that the court drilled down to Spanierman's contacts with his students. Excerpts of a number of exchanges with students were included in the opinion. And while to some these exchanges may seem innocuous, the court concluded as follows:

In the court's view, it was not unreasonable for the Defendants to find that the Plaintiff's conduct on MySpace was disruptive to school activities. The above examples of the online exchanges the Plaintiff had with students show a potentially unprofessional rapport with students, and the court can see how a school's administration would disapprove of, and find disruptive, a teacher's discussion with a student about "getting any" (presumably sex), or a threat made to a student (albeit a facetious one) about detention.

Moreover, there is evidence of complaints about the Plaintiff's MySpace activities. For example, in her affidavit, Ford states that Emmett O'Brien students informed her of the Plaintiff's MySpace conduct, which made some of them "uncomfortable."...It is reasonable for the Defendants to expect the Plaintiff, a teacher with supervisory authority over students, to maintain a professional, respectful association with those students. This does not mean that the Plaintiff could not be friendly or humorous; however, upon review of the record, it appears that the Plaintiff would communicate with students as if he were their peer, not their teacher. Such conduct could very well disrupt the learning atmosphere of a school, which sufficiently outweighs the value of Plaintiff's MySpace speech.

Nothing New?
It's possible to view the Spanierman case as a cautionary tale on using new forms of communication in the educational environment. Spanierman said he intended to use his MySpace page to better relate to his students; indeed the case demonstrates that such a page can facilitate easy communication between teachers and students. But it is that easy familiarity that, in the view of the school district, drew Spanierman over the line between acceptable discourse and inappropriate communications. The severity of the punishment may also reflect an institutional discomfort with a new means of student-teacher communication that is outside the channels customarily controlled by the school district.

And, of course, the Spanierman case could also be viewed as a simple case of inappropriate communications with students, regardless of the medium involved. Although reasonable minds may differ on whether Spanierman's communications warranted the discipline he received, the court ruled that, under the circumstances, it was the school district's call to make.

It's Not the First, and It Won't Be the Last
This is not the first case in which a teacher, or an aspiring teacher, was discharged or disciplined for conduct involving a MySpace page. In another recent case, the so-called "drunken pirate" case, a teacher in training was denied a teaching degree just prior to her graduation when officials at her teaching school found a photo on her MySpace page showing her in a pirate hat, drinking alcohol. In Snyder v. Millersville University, filed in federal court in Pennsylvania (the case documents are available here), there was apparently no contact with students, and it is disputed whether any students at the school ever saw the photo or the MySpace page. The school district contends that Snyder's conduct as a student teacher was unprofessional in ways unrelated to her MySpace page.

The Snyder case is also complicated by the question of whether the aspiring teacher should be treated under the legal standards applicable to student conduct or the standard applicable to teacher conduct. Snyder v. Millersville appears to be heading for trial. It will be interesting to see if the result in the case differs from that in Spanierman.

The Bottom Line
Both the Spanierman and Snyder cases are a subset of a larger category of disputes that involve posting in online forums, blogs and social networking sites. Regardless of the rights implicated, these cases remind us to be mindful of the ramifications that may flow from online personal expression that is readily accessible to students, co-workers, and employers.

Jeffrey D. Neuburger is a partner in the New York office of Proskauer Rose LLP, and co-chair of the Technology, Media and Communications Practice Group. His practice focuses on technology and media-related business transactions and counseling of clients in the utilization of new media. He is an adjunct professor at Fordham University School of Law teaching E-Commerce Law.

FULL CREDIT - HERE

Thank you to the tipster who sent this to us!

Teacher Fired for Bad Behavior on MySpace

by J. Neuberger

It's not just students who can get into difficulty for school-related blogging.

In a recent case, a federal court rejected a challenge brought by a non-tenured teacher when the public school at which he taught decided not to renew his contract. The school had accused the teacher of overly familiar contacts with students via his MySpace page that were deemed "disruptive to school activities."

Spanierman v. Hughes
In Spanierman v. Hughes, 2008 U.S. Dist. LEXIS 69569 (D. Conn. Sept. 16, 2008), Jeffrey Spanierman, a teacher at Emmett O'Brien High School in Ansonia, Connecticut, created a MySpace page, ostensibly "to communicate with students about homework, to learn more about the students so he could relate to them better, and to conduct casual, non-school related discussions."

One of Spanierman's school colleagues became concerned about the page, which she said contained, among other things, pictures of naked men with "inappropriate comments" underneath them. She was also concerned about the nature of the personal conversations that the teacher was having with the students, and she convinced Spanierman to remove the page, which she considered "disruptive to students."

Spanierman subsequently created a new MySpace page, however, that included similar content and similar personal communications with students. When the colleague learned of the new page, she reported it to the school administration, which placed Spanierman on administrative leave and ultimately declined to renew his teaching contract for the following year. After hearings that he attended with his union representative and later with his attorneys, he received a letter stating that he had "exercised poor judgment as a teacher."

Legal Issues
The discipline of a teacher for conduct outside the classroom raises a number of legal issues, depending upon the circumstances: Is the school public or private? Did the teacher have a contract with the school that gives the teacher rights with respect to job termination? Are there state statutes that impose standards on the teacher, or obligations on the school with respect to teacher discipline? Did the conduct involve expression that may be protected by the First Amendment? Did the conduct have a connection to the school environment?

Spanierman was employed by a public school, consequently, the school's ability to take disciplinary action was limited by both the federal and state constitutions, in particular the First Amendment and the "due process" clause of the Fourteenth Amendment. Spanierman claimed that both his "procedural" and his "substantive" due process rights were violated.

As a non-tenured teacher, Spanierman was more vulnerable to the school's evaluation of his conduct than a tenured teacher might have been.

The nature of the "procedure" to which an individual is entitled under the due process clause depends upon the nature of the right the individual is claiming. The minimum procedure to which an individual is usually entitled is notice and an opportunity to be heard. Spanierman based his procedural due process claim on the Connecticut Teacher Tenure Act, which he claimed gave him certain procedural rights, i.e., a period of notice and a hearing, and termination only for just cause. The court found that Spanierman had received notice and a hearing, but that neither the Connecticut Statute nor the teacher's union-negotiated agreement required a showing of just cause for a decision not to renew a non-tenured teacher's contract.

A claim of substantive due process focuses on the nature of the action taken by government rather than the procedure by which it is undertaken, i.e., whether the governmental action is arbitrary or without justification. The court also rejected Spanierman's substantive due process claim that the public school's action was arbitrary, egregious and outrageous, again relying on Spanierman's non-tenured status, and the fact that non-renewal of a non-tenured teacher's contract was the type of event specifically anticipated in the union-negotiated employment agreement.
Selective Prosecution?

Apparently, Spanierman was not the only teacher in the school with a MySpace page. Accordingly, he made a "selective prosecution" argument, pointing to two other teachers at his school who also had MySpace pages but who had not been disciplined. Spanierman argued that he had been treated differently than his colleagues in violation of the U.S. Constitution's Equal Protection clause. The court dismissed that claim on purely legal and on factual grounds, i.e., that Spanierman failed to show that the other teachers had contact with students via their MySpace pages. Consequently, the court concluded, the situations of the other teachers were not analogous to Spanierman's (they were not "similarly situated") and therefore he had not been treated differently in comparison to them.

Spanierman's free speech claim was rejected as well. Although the U.S. Supreme Court has recognized that both students and teachers retain free speech rights in the school environment, those rights are not unrestricted. See, for example, Morse v. Frederick, 127 S. Ct. 2618 (2007), the "Bong Hits for Jesus" case, where the U.S. Supreme Court famously upheld the discipline of a student for unfurling a banner containing a pro-drug message at a school-sponsored event, on the grounds that the banner violated a school policy against the display of material advertising or promoting the use of illegal drugs.
Disruptive to School Activities

The school district judged that Spanierman's behavior on his MySpace page was "likely to disrupt school activities." It is on this point that the court drilled down to Spanierman's contacts with his students. Excerpts of a number of exchanges with students were included in the opinion. And while to some these exchanges may seem innocuous, the court concluded as follows:

In the court's view, it was not unreasonable for the Defendants to find that the Plaintiff's conduct on MySpace was disruptive to school activities. The above examples of the online exchanges the Plaintiff had with students show a potentially unprofessional rapport with students, and the court can see how a school's administration would disapprove of, and find disruptive, a teacher's discussion with a student about "getting any" (presumably sex), or a threat made to a student (albeit a facetious one) about detention.

Moreover, there is evidence of complaints about the Plaintiff's MySpace activities. For example, in her affidavit, Ford states that Emmett O'Brien students informed her of the Plaintiff's MySpace conduct, which made some of them "uncomfortable."...It is reasonable for the Defendants to expect the Plaintiff, a teacher with supervisory authority over students, to maintain a professional, respectful association with those students. This does not mean that the Plaintiff could not be friendly or humorous; however, upon review of the record, it appears that the Plaintiff would communicate with students as if he were their peer, not their teacher. Such conduct could very well disrupt the learning atmosphere of a school, which sufficiently outweighs the value of Plaintiff's MySpace speech.

Nothing New?
It's possible to view the Spanierman case as a cautionary tale on using new forms of communication in the educational environment. Spanierman said he intended to use his MySpace page to better relate to his students; indeed the case demonstrates that such a page can facilitate easy communication between teachers and students. But it is that easy familiarity that, in the view of the school district, drew Spanierman over the line between acceptable discourse and inappropriate communications. The severity of the punishment may also reflect an institutional discomfort with a new means of student-teacher communication that is outside the channels customarily controlled by the school district.

And, of course, the Spanierman case could also be viewed as a simple case of inappropriate communications with students, regardless of the medium involved. Although reasonable minds may differ on whether Spanierman's communications warranted the discipline he received, the court ruled that, under the circumstances, it was the school district's call to make.

It's Not the First, and It Won't Be the Last
This is not the first case in which a teacher, or an aspiring teacher, was discharged or disciplined for conduct involving a MySpace page. In another recent case, the so-called "drunken pirate" case, a teacher in training was denied a teaching degree just prior to her graduation when officials at her teaching school found a photo on her MySpace page showing her in a pirate hat, drinking alcohol. In Snyder v. Millersville University, filed in federal court in Pennsylvania (the case documents are available here), there was apparently no contact with students, and it is disputed whether any students at the school ever saw the photo or the MySpace page. The school district contends that Snyder's conduct as a student teacher was unprofessional in ways unrelated to her MySpace page.

The Snyder case is also complicated by the question of whether the aspiring teacher should be treated under the legal standards applicable to student conduct or the standard applicable to teacher conduct. Snyder v. Millersville appears to be heading for trial. It will be interesting to see if the result in the case differs from that in Spanierman.

The Bottom Line
Both the Spanierman and Snyder cases are a subset of a larger category of disputes that involve posting in online forums, blogs and social networking sites. Regardless of the rights implicated, these cases remind us to be mindful of the ramifications that may flow from online personal expression that is readily accessible to students, co-workers, and employers.

Jeffrey D. Neuburger is a partner in the New York office of Proskauer Rose LLP, and co-chair of the Technology, Media and Communications Practice Group. His practice focuses on technology and media-related business transactions and counseling of clients in the utilization of new media. He is an adjunct professor at Fordham University School of Law teaching E-Commerce Law.

FULL CREDIT - HERE

Thank you to the tipster who sent this to us!

BRIAN ELLINGTON - Con Man, Sexual Predator, Possible Cyberpath

We took these excerpts from our friends at LoveFraud who have a wonderful 4 page write up on this person. We urge you to read & heed it - CLICK HERE

Pictures of Mr. Ellington are available there as well.

from LOVEFRAUD:

This person is real. This happened to me from September 2005 until October 2006. I was barely able to drag myself away from him. It is my opinion that he will not stop his lying and conning/fraud behaviors unless the authorities physically stop him. Despite repeated complaints to the police and 200 very detailed and organized pages of statement/saved evidence, identifying information, etc., etc.—I handed everything to them on a silver platter—the New York City Police refuse to take any action whatsoever to stop this career liar.

(We have heard this REPEATEDLY at EOPC. That police and law enforcement refuse to do anything about the threats, the information regarding fraud, soliciting prostitutes, scamming, etc that victims find online. Some victims have had to go to Congresspeople, Senators and Provincal Officials to get ANY action from the police at all.

By the way - this is the second time we have heard about NYPD giving 'relationship advice' rather than DOING anything)

I am an adult and I accept my own mistakes in allowing a bad person to be in my life and I accept my losses. I accept that the money is gone forever. I will deal with the consequences like the responsible adult that I am. What really bothers and haunts me is that he is out there and he will NOT stop. I think he will never stop, and the authorities are just flat out choosing to ignore it.

It is my opinion that this man targets women. Brian Ellington has no recent (as in the last two years) stable employment history and no recent rental history that I could find. These facts, combined with unemployment and no money, require a new relationship with a female who will pay or allow him to stay for free. A smart person looking to get away with these behaviors can easily find that when you combine sex with fraud and stealing, the police don't care.

The New York Police have every opportunity to stop him. They could conduct a simple undercover operation if they do not feel they have enough evidence—I am convinced he will repeat the illegal fraudulent behavior—and they could very easily take him off the street.

But the New York Police Department refuses to act.

MORE:

I did a background check on him using www.intelius.com. This revealed 75—yes, 75—pages of arrest records for multiple counts of public urination, marijuana possession and selling in college, drunk driving, driving with license revoked, credit card theft, credit card fraud and multiple counts of larceny.

That check didn't yet include his most recent conviction—I found that later on the North Carolina Department of Corrections website. He was convicted of charging to someone else's credit card and ordered to pay approximately $9,500 in fines and restitution.

MORE:

I had attached an IP address tracking software to my MySpace page, which told me the location and address of anyone who clicked on my page. Most of my hits were always from him. I was getting hits on my page from Ridgefield, California and nothing from North Carolina , so I thought something was fishy. I'm pretty sure he was in California.

After a few days, I was getting Internet hits on my web page from Las Vegas . I believe it was Brian; he said he was going there. I did not shut down my web page because I wanted to have a way to tell where he was. Then a week later, he started writing nasty e-mails to my MySpace account. They came from a Kinko's in Tennessee , and it looked like he went back to Kinko's three times over the course of the day.

(Wonder why he was online so much? Looking for other targets probably and checking up on this one!)

YOU CAN ALSO READ MORE BY CLICKING HERE

BRIAN ELLINGTON - Con Man, Sexual Predator, Possible Cyberpath

We took these excerpts from our friends at LoveFraud who have a wonderful 4 page write up on this person. We urge you to read & heed it - CLICK HERE

Pictures of Mr. Ellington are available there as well.

from LOVEFRAUD:

This person is real. This happened to me from September 2005 until October 2006. I was barely able to drag myself away from him. It is my opinion that he will not stop his lying and conning/fraud behaviors unless the authorities physically stop him. Despite repeated complaints to the police and 200 very detailed and organized pages of statement/saved evidence, identifying information, etc., etc.—I handed everything to them on a silver platter—the New York City Police refuse to take any action whatsoever to stop this career liar.

(We have heard this REPEATEDLY at EOPC. That police and law enforcement refuse to do anything about the threats, the information regarding fraud, soliciting prostitutes, scamming, etc that victims find online. Some victims have had to go to Congresspeople, Senators and Provincal Officials to get ANY action from the police at all.

By the way - this is the second time we have heard about NYPD giving 'relationship advice' rather than DOING anything)

I am an adult and I accept my own mistakes in allowing a bad person to be in my life and I accept my losses. I accept that the money is gone forever. I will deal with the consequences like the responsible adult that I am. What really bothers and haunts me is that he is out there and he will NOT stop. I think he will never stop, and the authorities are just flat out choosing to ignore it.

It is my opinion that this man targets women. Brian Ellington has no recent (as in the last two years) stable employment history and no recent rental history that I could find. These facts, combined with unemployment and no money, require a new relationship with a female who will pay or allow him to stay for free. A smart person looking to get away with these behaviors can easily find that when you combine sex with fraud and stealing, the police don't care.

The New York Police have every opportunity to stop him. They could conduct a simple undercover operation if they do not feel they have enough evidence—I am convinced he will repeat the illegal fraudulent behavior—and they could very easily take him off the street.

But the New York Police Department refuses to act.

MORE:

I did a background check on him using www.intelius.com. This revealed 75—yes, 75—pages of arrest records for multiple counts of public urination, marijuana possession and selling in college, drunk driving, driving with license revoked, credit card theft, credit card fraud and multiple counts of larceny.

That check didn't yet include his most recent conviction—I found that later on the North Carolina Department of Corrections website. He was convicted of charging to someone else's credit card and ordered to pay approximately $9,500 in fines and restitution.

MORE:

I had attached an IP address tracking software to my MySpace page, which told me the location and address of anyone who clicked on my page. Most of my hits were always from him. I was getting hits on my page from Ridgefield, California and nothing from North Carolina , so I thought something was fishy. I'm pretty sure he was in California.

After a few days, I was getting Internet hits on my web page from Las Vegas . I believe it was Brian; he said he was going there. I did not shut down my web page because I wanted to have a way to tell where he was. Then a week later, he started writing nasty e-mails to my MySpace account. They came from a Kinko's in Tennessee , and it looked like he went back to Kinko's three times over the course of the day.

(Wonder why he was online so much? Looking for other targets probably and checking up on this one!)

YOU CAN ALSO READ MORE BY CLICKING HERE