This is witty.
Monthly Archives: October 2022
Monster Bill 10: How many tails are waging this Bill?
Bill 10 is attempting to overhaul the Honolulu County Chapter 21 – Land Use Ordinances. This is a big undertaking.
February 3, 2022. Bill 10 was introduced by Chair Tommy Waters (By Request)
March 3, 2022.The Director of Department of Planning and Permitting (DPP) asked for 180-days extension at this Zoning and Planning Committee Meeting.
August 25, 2022. Here are the minutes for the Zoning and Planning Commission.
September 9, 2022 A request for a second delay. The Director of DPP asked for 120-day extension.
Who is behind the creation and substantial overhaul of this Bill 10?
Isn’t this a DPP-propelled document?
Why is DPP asking for yet another extension?
On the other hand, why is the Honolulu City Council wanting to fast-track Bill 10?
Who is really behind this omnibus Bill 10?
REFERENCES:
Testimonies supporting or opposing the bills are always interesting to read.
- M-0058(22) – Testimony on BILL010(22) for Feb 23, 2022 @ 10:00 AM Council Meeting.
- M-0069(22) – Testimony on BILL010(22) for March 3, 2022 @ 09:00 AM Zoning and Planning Meeting.
- M-0156(22) – Testimony on BILL010(22) for Apr 21, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
- M-0280(22) – Testimony on BILL010(22) for Jul 14, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
- M-0286(22) – Testimony on BILL010(22) for Jul 14, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
- M-0324(22) – Testimony on BILL010(22) for Aug 25, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
- M-0339(22) – HAWAII STATE ENERGY OFFICE – Testimony on BILL010(22) for August 25, 2022@ 09:00 AM Zoning and Planning Meeting.
- M-0346(22) – Testimony on BILL010(22) for August 25, 2022@ 09:00 AM Zoning and Planning Meeting.
- M-0351(22) – Testiimony on Bill 10 (2022) for 08/25/22 @ 9:00 AM Zoning and Planning meeting.
- M-0370(22) – Testimony on BILL010(22) for September 7, 2022 @ 10:00 AM Council Meeting.
- M-0373(22) – Testimony on BILL010(22) for September 7, 2022 @ 10:00 AM COUNCIL Meeting.
- M-0387(22) – Testimony on Bill 10 (2022), CD1 for September 26, 2022 @ 9:00 AM Zoning and Planning Special Meeting
- M-0411(22) – Testimony on Bill 10 (2022), CD1 for September 26, 2022 @ 9:00 AM Zoning and Planning Special Meeting.
- M-0417(22) – Testimony on BILL010(22) for Sep 26, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
- M-0450(22) – Testimony on BILL010(22) for Oct 20, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
- M-0460(22) – Testimony on BILL010(22) for Oct 20, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
Bill 10: Council Chair Tommy Waters told public to pay more attention
At the end of the October 20, 2022 Planning and Zoning Committee, Chair Tommy Waters told the public to pay more attention saying that the Bill 10 was introduced on February 3, 2022.
OUCH!
Funny thing I was just thinking that even the single – vacation rental – issue took years to reach a conclusion.
With the vacation rental issue alone, after years of acrimony during the Caldwell Administration, the new Blangiardi overhauled Bill 89 and came up with a new Bill 41 aka Ordinance 22-7. Presently, there is a District Court Preliminary Injunction Order on October 3, 2022.
Why would the public be so alarmed with Bill 10 at this stage?
Could it possibly be that the City Council members did not provide sufficient disclosure, education and outreach on this very sweeping and significant Bill that overhauls Oahu’s land use ordinance?
Seriously, how many city council members have read through the entire 239 pages approved and submitted to them by the Honolulu Planning Commission?
After the Second Reading of Bill 10 on September 26, 2022, two city council members felt the need to host informational town hall meetings for this Bill.
District 1 Andria Tupola hosted an hour Zoom meeting on October 19, 2022. It could have gone on for another two hours to work out amendments in the Ramseyer format.
District 3 Esther Kia’aina said she would host a town hall meeting on November 10. But it would be only on the Agricultural section.
If we watch the Bill 10 proceedings video here, we will note that ONLY amendments that were submitted by ONLY the City Council members were accepted or not accepted by the Council Planning Chair. Other various suggestions and concerns by the public appear to be lost in the pile of oral and written testimonies.
Inevitably, there is a whole lot of reading. Contrary to what the Chair may say, there are a lot of substantial changes to the Land Use Ordinances (LUO). It’s not just an update.
Add to this commotion is the public mistrust that this omnibus Bill is so huge that there may be changes slipped into the documents. The contents are also complicated and technical. This is not a bill to ban fireworks. This is a bill on how the city will control and regulate the lifestyle and communities of Oahu. The public is wary that does not have the time or resources to comb through it line by line.
Here is the reading list.
Approved Versions
Proposed Drafts
Related Communications
- CC-230(22) – ELEFANTE – Bill 10 (2022) Relating to Use Regulations.
- CC-237(22) – TUPOLA – Proposed Amendments to Bill 10 (2022), CD1.
- CC-241(22) – WATERS – Proposed amendments to Bill 10 (2022), CD1.
- CC-249(22) – ELEFANTE – Proposed additional amendments to Bill 10 (2022).
- CC-250(22) – ELEFANTE – Disclosure of Interest Statement for Bill 10 (2022). FILE
- CC-268(22) – ELEFANTE – Bill 10 CD1 (2022), Relating to Use Regulations.
- CC-273(22) – TUPOLA – Proposed amendments to Bill 10 (2022), CD1.
- CC-274(22) – KIAʻĀINA – Bill 10 CD2 (2022), Relating to Use Regulations.
- CC-275(22) – WATERS – Proposed Amendments to Bill 10 (2022), CD1.
- CC-276(22) – CORDERO – Proposed Amendments to Bill 10 (2022), CD1.
- CC-280(22) – TSUNEYOSHI – Proposed amendments to Bill 10 (2022), CD1.
- CC-281(22) – WATERS – Proposed Amendments to Bill 10 (2022), CD1.
- CC-286(22) – ELEFANTE – Proposed Amendments to Bill 10 (2022), CD1.
- CC-295(22) – SAY – Proposed Amendments to Bill 10 (2022), CD1.
- CC-296(22) – ELEFANTE – Proposed additional amendments to Bill 10, CD1 (2022).
- CC-297(22) – ELEFANTE – Disclosure of Interest Statement on Bill 10 (22), CD1. File
- CC-298(22) – ELEFANTE – Disclosure of Interest Statement on Bill 10 (22), CD1. File
- CC-305(22) – ELEFANTE – Bill 10 CD2 (2022), Relating to Use Regulations.
- CC-309(22) – WATERS – Proposed Amendments to Bill 10 (2022), CD2.
- CC-310(22) – TUPOLA – Proposed amendments to Bill 10 (2022), CD2.
- CC-311(22) – ELEFANTE – Proposed Additional Amendments to BILL 10, CD1 (2022).
- CC-313(22) – WATERS – Proposed Amendments to Bill 10 (2022), CD2
- CC-314(22) – ELEFANTE – Disclosure of Interest Statement for Bill 10 (22), CD1. FILE
- CC-315(22) – ELEFANTE – Disclosure of Interest Statement for Bill 10 (22), CD1. FILE
- CC-316(22) – ELEFANTE – Zoning and Planning Chair’s Recommendations on Proposed Additional Amendments to BILL 10, CD2 (2022).
- CC-319(22) – TUPOLA – United States Court of Appeals Opinion 47.
- CC-320(22) – ELEFANTE – Disclosure of Interest Statement for Bill 10 (2022). FILE
- CC-321(22) – ELEFANTE – Disclosure of Interest Statement for Bill 10 (2022). FILE
- D-0074(22) – PLANNING COMMISSION – Draft Bill to Request Amendments to Chapter 21, Revised Ordinances of Honolulu (ROH), 1990 Land Use Ordinance (LUO), Relating to Use Regulations.
- D-0127(22) – PLANNING AND PERMITTING – Request for Extension of Time for Processing Bill 10 (2022) Relating to Use Regulations.
- D-0130(22) – PLANNING AND PERMITTING – Testimony in Support of Bill 10 (2022) Relating to Use Regulations.
- D-0269(22) – PLANNING AND PERMITTING – Additional summary information for Bill 10 (2022).
- D-0273(22) – Presentation on Bill 10 (2022) for 04/21/22 Zoning and Planning meeting.
- D-0532(22) – KAILUA NEIGHBORHOOD BOARD NO. 31 – Recommendations Pertaining to the Proposed Land Use Ordinance (LUO) Chapter 21 Changes Proposed by Bill 10 (2022) for the July 14, 2022 @ 09:00 AM ZONING AND PLANNING Meeting..
- D-0576(22) – PLANNING AND PERMITTING – Departmental Response to Proposed Amendments in Bill 10, CD1 (2022) Relating to Use Regulations Chapter 21, Revised Ordinances of Honolulu Land Use Ordinance (LUO).
- D-0583(22) – PLANNING AND PERMITTING – Departmental Response to Councilmember Questions Bill 10, CD1 (2022) Relating to Use Regulations In the B-1 and B-2 Business Districts, Chapter 21, Revised Ordinances of Honolulu – Land Use Ordinance (LUO)
- D-0622(22) – PLANNING AND PERMITTING – Presentation on briefing item #10 for the August 25, 2022 @ 09:00 AM Zoning And Planning meeting.
- D-0658(22) – PLANNING AND PERMITTING – Request for Second Extension of Time for Processing Bill 10 (2022) Relating to Use Regulations.
- D-0699(22) – PLANNING AND PERMITTING – Response to questions from the Committee on Zoning and Planning Special Meeting on September 26, 2022.
- MM-162(22) – CLIMATE CHANGE, SUSTAINABILITY AND RESILIENCY – Bill 10 (2022), CD1 Relating to Use Regulations.
- M-0058(22) – Testimony on BILL010(22) for Feb 23, 2022 @ 10:00 AM Council Meeting.
- M-0069(22) – Testimony on BILL010(22) for March 3, 2022 @ 09:00 AM Zoning and Planning Meeting.
- M-0156(22) – Testimony on BILL010(22) for Apr 21, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
- M-0280(22) – Testimony on BILL010(22) for Jul 14, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
- M-0286(22) – Testimony on BILL010(22) for Jul 14, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
- M-0324(22) – Testimony on BILL010(22) for Aug 25, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
- M-0339(22) – HAWAII STATE ENERGY OFFICE – Testimony on BILL010(22) for August 25, 2022@ 09:00 AM Zoning and Planning Meeting.
- M-0346(22) – Testimony on BILL010(22) for August 25, 2022@ 09:00 AM Zoning and Planning Meeting.
- M-0351(22) – Testimony on Bill 10 (2022) for 08/25/22 @ 9:00 AM Zoning and Planning meeting.
- M-0370(22) – Testimony on BILL010(22) for September 7, 2022 @ 10:00 AM Council Meeting.
- M-0373(22) – Testimony on BILL010(22) for September 7, 2022 @ 10:00 AM COUNCIL Meeting.
- M-0387(22) – Testimony on Bill 10 (2022), CD1 for September 26, 2022 @ 9:00 AM Zoning and Planning Special Meeting
- M-0411(22) – Testimony on Bill 10 (2022), CD1 for September 26, 2022 @ 9:00 AM Zoning and Planning Special Meeting.
- M-0417(22) – Testimony on BILL010(22) for Sep 26, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
- M-0450(22) – Testimony on BILL010(22) for Oct 20, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
- M-0460(22) – Testimony on BILL010(22) for Oct 20, 2022 @ 09:00 AM ZONING AND PLANNING Meeting.
Free Press and Free Speech aren’t so free
Many news media now have paywall to support themselves. But this prevents the public from reading the news. Even then, those with no paywall are imposing their own leanings with censorship in the Public Square.
I’m selecting CIVIL BEAT (CB) because I’m familiar with it. I like Civil Beat focusing on public affairs. CB used to have a reporter stationed at City Council hearings along with Star Advertiser. Today, City Hall has no such coverage. Veteran Star Advertiser reporter Gordon Pang has left too.
Civil Beat has accomplished much to the Public Square dialogue. It has provided the public with much useful governmental information that should have been in the open public domain in the first place. CB has produced many outstanding and in-depth articles and outreach.
Civil Beat has stated that it has liberal progressive leanings. Somehow, CB has particularly also targeted a couple of politicians more than usual – Tulsi Gabbard and recently Kai Kahele. Other politicians appear to have gotten off with much less scrutiny. More on this later.
Another area that I’m becoming very concerned about is the censorship on comments. This contradicts the free speech and open dialogue that Civil Beat is trying to promote.
More and more residents have complained on social media and other circles that their comments were censored. Many do not participate any more.
I myself have countered many posts censorship even when I don’t threaten or bully or use swear words. I even use my real name and not a pseudonym. I feel compelled to participate because I want to support Free Speech.
I also like to question and/or provide different perceptions or analysis to the public dialogue.
Let’s use this CB article as an example:
On October 21, 2022, I submitted my comments and questions hours prior to my write-up here. But so far my comments have not been accepted even though I posted after “Kana_Hawaii“. Other comments AFTER Kana-Hawaii have been posted. not mine. This is not the first time my comments have been censored.
Below are screenshots of newer comments that have been posted to this same article. Doesn’t it look like my comments have been censored again?
Reference:
About Civil Beat ( Excerpts): Honolulu Civil Beat is a 501(c)3 tax-exempt news organization dedicated to cultivating an informed body of citizens, all striving to make Hawaii a better place to live. We achieve this through investigative and watchdog journalism, in-depth enterprise reporting, analysis and commentary that gives readers a broad view on issues of importance to our community.
Entrepreneur and philanthropist Pierre Omidyar launched Civil Beat in 2010 as a local digital platform that looks beyond traditional print and television media approaches. To expand our reach so that more people in Hawaii have access to the information they need, Civil Beat removed its paywall in June 2016 and transitioned to 501(c)3 nonprofit status. We are members of the Institute for Nonprofit News, a coalition of more than 300 nonprofit newsrooms across the U.S.
Our goal is to challenge our leaders to do better. We are the watchdogs of the public’s trust and we take seriously the mission to educate our citizens on important public issues.
Our long-term goal is to produce journalism with a purpose, to stimulate positive change. We do not align with political or special interest groups and adhere to the strictest journalistic standards and ethics. Generally, we follow the guidelines set out by the Society of Professional Journalists in its ethics code as well as more general news practices outlined by the Associated Press. You can find our policy on anonymous sources here and our policy on corrections here.
We believe news is a public asset and that Civil Beat can and should be a good community partner, not just an arms-length observer recounting news of the day. We have a stake in this community as much as it has a stake in us.
Honolulu City Ordinance 22-7 Vacation Rental Rules faces Preliminary Injunction from US District Court
It has been nearly six months since Mayor Rick Blangiardi signed Bill 41 that was adopted by the Honolulu City Council on April 13, 2022.
The Blangiardi Administration is supposed to lay out the new Rules and Regulations from Bill 41, now known as Ordinance 22-7, on October 23, 2022.
This October 13, 2022 Preliminary Injunction, triggered by Hawaii Short-Term Legal Rentals Alliance (HSTLA) lawsuit in April 2022, forces the city to reconsider its core premises.
At the core of the lawsuit is the 30-day being lengthened to 89-day by the city to control illegal vacation rentals. Note, on the other hand, it’s a known fact that many vacation rental operators were using the 30-day “facade”. Operators were renting to different parties within the 30-day frame. An average vacation rental stay is around 8 days.
There are lots of questions and conversations to be had on this. The first three sentences of US District Judge’s Preliminary Injunction below say it all.
” Residential property owners on O‘ahu have long been able to lawfully rent
their properties to tenants for a minimum of 30 days. That much is undisputed.“
But what about operators who rent to multiple parties during that 30-day duration.You can read the entire Order here.
Despite this Preliminary Injunction, there are still other rules in this new Ordinance 22-7 that the city can enforce. Residents can report violations here. |
Corporate Media Censorship in the Public Square
Where do Free Press and Free Speech fit for all corporate Press media?
This is an article about a possible ethics investigation on Congressman Kai Kahele from Civil Beat This proposed congressional action seems too politically time for elections 2022, considering there are so much compelling questions about other members in Congress. 2022 Gallup Poll has Congress at a 18% job approval from the public.
EXCERPT from Civil Beat:
According to the press release, more information will be released in November when the committee, which is chaired by U.S. Rep. Susan Wild, a Democrat from Pennsylvania, announces its “course of action.”
I thought the above article raises more questions. I submitted my comments. But my comments were censored. It did not have the opportunity to contribute a different perspective to the subject matter.
So far it’s still not approved yet. This is not the only incident. What’s happening to Free Speech and Free Press?
UPDATE: Sunday Morning, October 16, 2022
I experimented again and submit a short version of my comments See Below. This time it was not censored and allowed to be posted.
The question remains. What are the criteria for censorship? Other negative comments were allowed to be posted against Congressman Kai Kahele. However, my comments about “ but this nail that sticks out is obviously an irritation that has to be pounded back into status quo” was censored.
So witty!
I wouldn’t say “no one”. We have lots of courteous drivers. But this is memorable.
Passive-Aggressive eBay Alpha Male and Female Terrorism
It was a group that acted together. Yet, no one spoke up against these toxic retaliations. Kudos to David and Ina Steiner for protecting Free Speech and Free Press and basic human decency.
Excerpts from Reuters:
” U.S. District Judge Patti Saris, who imposed the sentences during hearings in Boston, called it a “hard-to-imagine” scheme fueled by a “toxic culture” at the Silicon Valley e-commerce company.
“It was extreme and outrageous,” Saris said.
She ordered (James) Baugh, eBay’s former senior director of safety and security, and Harville, its former director of global resiliency, to also pay fines of $40,000 and $20,000, respectively, after pleading guilty to cyberstalking-related charges.
In court, they each apologized to David and Ina Steiner, a married couple in Natick, Massachusetts, who produce the newsletter EcommerceBytes and spoke of being relentlessly terrorized by eBay’s employees.
Wenig, a former Thomson Reuters executive who stepped down as eBay’s CEO in September 2019, was not charged, though seven other people were. A spokesman said Wenig had “absolutely zero knowledge” of the actions they undertook.
Overseeing the campaign was Baugh, a former Central Intelligence Agency employee who, according to his lawyer, felt pressure to do something.
At Baugh’s direction, the Steiners received anonymous, harassing Twitter messages, bizarre emails, and unwanted home deliveries like spiders and a book on surviving the loss of a spouse, prosecutors said.
They said other eBay employees involved included Harville, who Baugh recruited with a contractor for an “op” to surveil the Steiners and try unsuccessfully to install a GPS on their car.
A lawsuit by the Steiners against eBay, Wenig and others remains pending.”
More References:
Department of Justice
U.S. Attorney’s Office
District of Massachusetts
FOR IMMEDIATE RELEASE
Thursday, September 29, 2022
Two Former eBay Executives Sentenced to Prison for Cyberstalking
BOSTON – The former Senior Director of Safety & Security at eBay, Inc. and the company’s former Director of Global Resiliency were sentenced to prison today for their roles in a cyberstalking campaign targeting the editor and publisher of a newsletter that eBay executives viewed as critical of the company.
James Baugh, 47, of San Jose, Calif., was sentenced by U.S. District Court Judge Patti B. Saris to 57 months in prison and two years of supervised release. Baugh was also ordered to pay a fine of $40,000. David Harville, 50, of Las Vegas, Nev., was sentenced to two years in prison and two years of supervised release. Harville was also ordered to pay a fine of $20,000. On April 25, 2022, Baugh pleaded guilty to one count of conspiracy to commit stalking through interstate travel and through facilities of interstate commerce, two counts of stalking through interstate travel, two counts of stalking through facilities of interstate commerce, two counts of witness tampering and two counts of destruction, alteration and falsification of records in a federal investigation. On May 12, 2022, Harville pleaded guilty to one count of conspiracy to commit stalking through interstate travel and through facilities of interstate commerce, two counts of stalking through interstate travel and two counts of stalking through facilities of interstate commerce.
“The internet is incredibly powerful. It brings community, information, and even merchandise right to our homes. Mr. Baugh and Mr. Harville used the internet’s power to harass and intimidate a couple who did nothing—nothing—other than publish content that our First Amendment protects. The defendants’ toxic brand of online and real-world harassment, threats, and stalking was outrageous, cruel and defies any explanation—all the more because these men were seasoned and highly paid security executives backed by the resources of a Fortune 500 corporation. Their behavior was reprehensible. The just sentences the Court imposed today will take Mr. Baugh and Mr. Harville offline and out of our community for some time. This should serve as a strong reminder to all that holding positions of wealth and privilege does not absolve or shield criminals from accountability and incarceration. The government’s investigation continues,” said United States Attorney Rachael S. Rollins.
“Both men demonstrated a clear contempt for the law when they weaponized eBay’s security department to engage in an incredibly disturbing pattern of retaliatory harassment and intimidation to torment this couple, who, thankfully, did not let their fear silence them,” said Joseph R. Bonavolonta, Special Agent in Charge of the FBI Boston Division. “While today’s sentencings cannot erase the substantial distress their victims suffered, it does make it crystal clear that anyone who goes online to threaten, intimidate, or harass others will face real-world consequences, including federal prison time.”
Harville and Baugh were arrested and charged in June 2020. Co-conspirators and former eBay employees Philip Cooke, Brian Gilbert, Stephanie Popp, Veronica Zea and Stephanie Stockwell previously pleaded guilty for their roles in a conspiracy to cyberstalk the victims. Cooke was sentenced in July 2021 to 18 months in prison. Gilbert, Popp, Zea and Stockwell are awaiting sentencing.
Between approximately Aug. 5, 2019 and Sept. 6, 2019, Harville, Baugh and their co-conspirators at eBay agreed to engage in a harassment campaign targeting a husband and wife in Natick, Mass. for their roles in publishing a newsletter that reported on issues of interest to eBay sellers. Senior executives at eBay were frustrated with the newsletter’s tone and content as well as the substance of comments posted beneath the newsletter’s articles. The harassment campaign arose from communications between those senior executives and Baugh, who was eBay’s senior security employee.
The defendants and their co-conspirators executed a three-part harassment campaign intended to intimidate the victims and to influence their reporting about eBay. The campaign included sending anonymous and disturbing deliveries to the victims’ home; sending private Twitter messages and public tweets criticizing the newsletter’s content; threats to visit the victims in Natick; and traveling to Natick to surveil the victims and installing a GPS tracking device on their car.
The deliveries ordered to the victims’ home included a book on surviving the death of a spouse, a bloody pig mask, a fetal pig, a funeral wreath and live insects. The harassment also featured Craigslist posts inviting members of the public to experience sexual encounters at the victims’ home.
The threatening Twitter messages were written as if they had been sent by eBay sellers who were unhappy with the victims’ coverage in the newsletter. Some of these messages posted the victims’ home address and threatened to show up at their home.
On Aug. 15, 2019, Baugh, Harville and a co-conspirator traveled from California to Natick to surveil the victims and install a GPS tracking device on the victims’ car. The victims spotted the surveillance team and contacted local police. Harville also purchased tools intending to break into the victims’ garage and lied to an eBay investigator who was responding to the Natick Police’s request for assistance.
After learning of the police’s investigation, Harville and Baugh deleted digital evidence related to the cyberstalking campaign. Additionally, Baugh made false statements to police and internal investigators and falsified records intended to throw the police off the trail.
U.S. Attorney Rollins, FBI SAC Bonavolonta and Natick Police Chief James G. Hicks made the announcement today. eBay provided valuable assistance and cooperation with the investigation. Assistant U.S. Attorney Seth B. Kosto, Deputy Chief of Rollins’ Securities, Financial & Cyber Fraud Unit prosecuted the case.
Topic(s): CybercrimeComponent(s): USAO – MassachusettsUpdated September 29, 2022
Ebay Executives indicted for bullying
This indictment is beyond the pale. Read on.
Former eBay Executive Pleads Guilty to His Role in Cyberstalking Campaign
BOSTON – A former eBay, Inc. executive pleaded guilty today in connection with his role in a cyberstalking campaign targeting the editor and publisher of a newsletter that eBay executives viewed as critical of the company.
James Baugh, 47, of San Jose, Calif., eBay’s former Senior Director of Safety & Security, pleaded guilty to one count of conspiracy to commit stalking through interstate travel and through facilities of interstate commerce, two counts of stalking through interstate travel, two counts of stalking through facilities of interstate commerce, two counts of witness tampering and two counts of destruction, alteration and falsification of records in a federal investigation. U.S. District Court Judge Patti B. Saris scheduled sentencing for Sept. 29, 2022.
In June 2020, Baugh was arrested and charged along with David Harville, eBay’s former Director of Global Resiliency. Co-conspirators and former eBay employees Philip Cooke, Brian Gilbert, Stephanie Popp, Veronica Zea and Stephanie Stockwell previously pleaded guilty. Cooke was sentenced in July 2021 to 18 months in prison. Gilbert, Popp, Zea and Stockwell are awaiting sentencing. Harville has pleaded not guilty and is awaiting trial.
According to court documents, between approximately Aug. 5, 2019 and Aug. 23, 2020, Baugh and his co-conspirators at eBay agreed to engage in a harassment campaign targeting a husband and wife in Natick, Mass. for of their roles in publishing a newsletter that reported on issues of interest to eBay sellers. Senior executives at eBay were frustrated with the newsletter’s tone and content, and with the tone and content of comments posted beneath the newsletter’s articles. The harassment campaign arose from communications between those executives and Baugh, who was eBay’s senior security employee.
Baugh and his co-conspirators allegedly executed a three-part harassment campaign intended to intimidate the victims and to change the content of the newsletter’s reporting. The campaign included sending anonymous and disturbing deliveries to the victims’ home; sending private Twitter messages and public tweets criticizing the newsletter’s content and threatening to visit the victims in Natick; and traveling to Natick to surveil the victims and install a GPS tracking device on their car.
The deliveries ordered to the victims’ home included a book on surviving the death of a spouse, a bloody pig mask, a fetal pig, a funeral wreath and live insects. The harassment also featured Craigslist posts inviting the public for sexual encounters at the victims’ home.
The threatening Twitter messages were written as if they had been sent by eBay sellers who were unhappy with the victims’ coverage in the newsletter. Some of these messages posted the victims’ address and threatened to visit the victims at their home.
On Aug. 15, 2019, Baugh and co-conspirators allegedly traveled from California to Natick to surveil the victims and to install a GPS tracking device on the victims’ car. The victims spotted the surveillance team and contacted local police. After learning of the police’s investigation, Baugh made false statements to police and internal investigators, deleted digital evidence related to the cyberstalking campaign and falsified records intended to throw the police off the trail.
The charges of conspiracy to commit stalking and stalking each provide for a sentence of up to five years in prison, three years of supervised release, a fine of up to $250,000 and restitution. The charges of witness tampering and destruction, alteration and fabrication of records in a federal investigation each provide for a sentence of up to 20 years in prison, three years of supervised release, a fine of up to $250,000 and restitution. The witness tampering charges also carry the potential for forfeiture. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
United States Attorney Rachael S. Rollins; Joseph R. Bonavolonta, Special Agent in Charge of the Federal Bureau of Investigation, Boston Field Division; and Natick Chief of Police James G. Hicks made the announcement. eBay provided valuable assistance and cooperation with the investigation. Assistant U.S. Attorney Seth B. Kosto, Deputy Chief of Rollins’ Securities, Financial and Cyber Fraud Unit is prosecuting the case.
The details contained in charging documents are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.”
Mark Twain – “The War Prayer”
I remember reading this in my college days. It was a satire but it was also a reminder to not lose our sense of basic humanity. Ordinary people are the pawns. I’ve always felt that world leaders who start wars must first send themselves and their families onto the frontline.
I took the liberty to space out Twain’s paragraph.
“O Lord our Father, our young patriots, idols of our hearts, go forth to battle — be Thou near them! With them — in spirit — we also go forth from the sweet peace of our beloved firesides to smite the foe.
O Lord our God, help us to tear their soldiers to bloody shreds with our shells; help us to cover their smiling fields with the pale forms of their patriot dead; help us to drown the thunder of the guns with the shrieks of their wounded, writhing in pain; help us to lay waste their humble homes with a hurricane of fire; help us to wring the hearts of their unoffending widows with unavailing grief; help us to turn them out roofless with little children to wander unfriended the wastes of their desolated land in rags and hunger and thirst, sports of the sun flames of summer and the icy winds of winter, broken in spirit, worn with travail, imploring Thee for the refuge of the grave and denied it — for our sakes who adore Thee, Lord, blast their hopes, blight their lives, protract their bitter pilgrimage, make heavy their steps, water their way with their tears, stain the white snow with the blood of their wounded feet!
We ask it, in the spirit of love, of Him Who is the Source of Love, and Who is the ever-faithful refuge and friend of all that are sore beset and seek His aid with humble and contrite hearts. Amen.”
I don’t pray for damnation. But I admit that I would smile a little if the news reported that narcissistic War Criminal Putin suffered a fatal fall off his office window.