FRHSD seeks identity of Internet posters

FRHSD seeks identity
of Internet posters


The Freehold Regional High School District is going on offense and trying to obtain information that would help district representatives identify anonymous posters who have posted messages on Internet forums.

Attorney Marc Zitomer, with the FRHSD Board of Education’s law firm Schwartz Simon Edelstein Celso and Zitomer, confirmed to Greater Media Newspapers on Oct. 15 that the district did issue a subpoena seeking the identity of anonymous posters on forums at the NJ.com website.

The district’s subpoena was issued to NJ.com, not the individual posters.

According to a copy of the subpoena obtained by Greater Media Newspapers, the FRHSD is requesting the information about the individuals who used 20 screen names while posting messages about the FRHSD at NJ.com.

Zitomer said the district is seeking the identity of those “who have over the course of the past year engaged in defamatory and often threatening remarks about district employees, the district as a whole, etc.”

The subpoena is dated Aug. 31 and was signed by Ronald Lawson of Howell in his capacity as the board’s president.

Zitomer said he could not comment on when the board members took action on the matter. He said a majority of the board agreed to the issuance of the subpoena.

The subpoena issued to NJ.com states that “I (Lawson), as president of the FRHSD Board of Education, in anticipation of the disciplinary hearing of John Doe and/or Jane Doe to be held before the board, demand that you produce the following materials …” to the district’s counsel.

The information being sought from the operators of the NJ.com website is the full name, address and email address of the individuals who used 20 screen names that are identified in the subpoena.

“We understand that the information is going to be produced (in) speaking with the attorneys from NJ.com,” Zitomer said.

When signing up for a user name on NJ.com, the only information requested is a user name, a display name, a valid email address and the person’s gender and year of birth. There is no requirement for an individual’s name or mailing address to be provided to NJ.com.

Attorney Stuart Moskovitz told Greater Media Newspapers he represents 12 individuals in this matter. Moskovitz sent a letter dated Oct. 14 to Zitomer in which he notes what he believes to be problems with the district’s request for information.

One issue, according to Moskovitz, is that no public vote was ever taken to move forward with the subpoena.

Moskovitz writes, “You (Zitomer) arranged for the consent of the board to proceed in this manner in executive session, which is a violation of the Open Public Meetings Act.”

Moskovitz also states that the subpoena was issued “in anticipation” of a disciplinary hearing, although he claims there is no scheduled hearing.

Moskovitz informed Zitomer that unless he is advised no later than Oct. 21 that the subpoena is being withdrawn and not reissued, he will proceed in accordance with the Electronic Communications Privacy Act with all appropriate claims.