Manalapan case draws Google into the mix

The civil litigation that has Manalapan officials seeking legal redress against a former township attorney has taken a new turn.

The legal firm of Ruprecht, Hart and Weeks, which is representing Manalapan in the civil matter, recently issued a subpoena to Internet search engine Google, which in turn introduced a civil rights defense group into the matter. Google is based in California.

The subpoena that was served on Google by Manalapan's legal representative seeks to have Google provide the information that would identify the person or persons who operate an Internet blog called Da Truth Squad.

Da Truth Squad - whoever he, she or they may be - has posted comments on its blog that have been critical of Manalapan's municipal government. The blog was silent for most of the summer and during the recent election season, but has recently returned with new journal entries.

Attorney Daniel McCarthy, who represents Manalapan, has asserted in court papers that the person blogging as Da Truth Squad is the defendant in the civil matter, Stuart Moskovitz.

Moskovitz served as Manalapan's municipal attorney in 2005. He previously served on the Township Committee and served as mayor during his term on the governing body.

Moskovitz has denied that he is the blogger known as Da Truth Squad.

An Internet legal defense entity known as the Electronic Frontier Foundation (EFF) has been retained by Da Truth Squad in order to fight the subpoena and to protect the anonymity of the blogger.

EFF attorney Matt Zimmerman spoke with the News Transcript. He would not reveal the identity of the person or persons who sought to have EFF represent him, her or them in the matter.

According to Zimmerman, EFF is a nonprofit civil liberties group that focuses on Internet-related civil rights and other emerging technologies.

"It's taken a long time for the law to catch up with the technology," he said, explaining that the EFF is dedicated to enforcing the right of individuals to speak anonymously online just as they are able to do offline. "We want to make sure that rights aren't lost just because society is moving to new technologies."

He said the EFF is representing the interests of Da Truth Squad.

As to whether Da Truth Squad is Moskovitz, as has been alleged by Mc- Carthy, Zimmerman said, "Even if that's true, it's totally irrelevant to the case."

He said by demanding information from Google about Da Truth Squad Web site, Manalapan has exceeded the scope of action allowed under the law as it relates to the legal discovery process in the litigation brought by the township against Moskovitz.

According to Zimmerman, even filing the subpoena against Google was an action that was "outside the scope of the subpoena process they are allowed to use." He called the township's subpoena an "improper use of the discovery process."

According to Zimmerman, the EFF's stand is that the demand for the identity of Da Truth Squad blogger is an attempted abuse of First Amendment rights as they apply to any medium.

"People have a right to speak online just as they do offline. Their attempt to unveil a critic is absolutely absurd," he said.

Len Garza, an associate with Ruprecht, Hart and Weeks, sent Zimmerman a letter dated Nov. 8 in which he deemed EFF's threat to seek sanctions in a letter dated Nov. 5 an "inappropriate attempt to intimidate."

Zimmerman said the EFF will likely move sometime in December to file a motion to not only quash the subpoena, but to also request court sanctions if the attorneys representing Manalapan in the Moskovitz matter do not formally withdraw the subpoena.

A court date of Dec. 7 is scheduled in the matter before state Superior Court Judge Terence Flynn, sitting in Freehold.

Asked to comment on the legal action promised by Zimmerman, attorney David Weeks, who is also representing Manalapan, said, "I understand his (Zimmerman's) position and we are going to make an application with the court to make sure all the i's are dotted and the t's are crossed."

In a lawsuit filed in June, Manalapan officials allege that Moskovitz breached his responsibility to the township in 2005 at the time he was serving as the municipal attorney when he drew up a contract of sale for the township's purchase of two single-family homes on Route 522 in front of the Manalapan Recreation Center.

The lawsuit alleges that Moskovitz prepared a contract of sale that left the township unprotected and therefore unable to seek remuneration for the expense of removing an underground oil tank, soil remediation costs incurred by cleaning up heating oil contamination, and the cost of cleaning up farm field pesticide contamination that was also discovered on the purchased properties.

The township is seeking damages and costs from Moskovitz.

Moskovitz has said he believes the contract of sale he prepared afforded Manalapan all the protection the township needed in connection with the purchase of the two homes.