"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed "
On April 7, 2015 Natural News Reported:
On April 3, Judge Jeff Bohm issued an "ORDER DENYING JEREMY ALCEDE'S EMERGENCY MOTION OBJECTING TO PROPOSED ORDER REGARDING SOCIAL MEDIA ACCOUNTS." (Case No. 14-33564, in the United States Bankruptcy Court for the Southern District of Texas, Houston Division.) (See document here - PDF.)
The account in question is named "Jeremy Alcede Entrepreneur" and is accessible at this Facebook page with the same name. It has over 10,800 likes and the maximum 5,000 friends.
The account was previously named "Tactical Firearms" but was used almost exclusively for personal messages from the founder of the company, Jeremy Alcede. "I posted fewer than 20 commercial promotion messages over the 5 years, such as Black Friday specials," Alcede told Natural News. "I had thousands of personal posts over that same time period. The account was used almost exclusively for personal messaging to fans and friends."
To clarify his personal account status during the business bankruptcy fallout, Alcede updated the account name last December to "Jeremy Alcede Entrepreneur" in order to reflect his personal namesake.
A casual examination of the posts on the account by Natural News indicates it consists almost entirely of messages that are personal in nature, not commercial.Court orders private individual to give up his own Facebook account.
The winners of the bankruptcy proceedings, however, wish to use the "Jeremy Alcede Entrepreneur" account to promote the business they have been granted via the bankruptcy proceedings. Without those 10,800+ likes, 5,000 friends and who knows how many followers, they may not be able to successfully generate the business and cash flow necessary to keep the business afloat. So they asked Judge Jeff Bohm to force Alcede to turn over the account to them, allowing them to post messages in the name of Jeremy Alcede to Alcede's friends and followers, effectively impersonating Alcede.
Per the court order, Alcede is even being ordered by a judge to accept a Facebook friend! (When was the last time a court judge ordered you to friend someone you didn't consider a friend at all?)
ORDERED that Jeremy Alcede shall, by no later than noon on April 8, 2015, accept John Boyert's Friend Request; and it is further
ORDERED that Jeremy Alced shall, by no later than noon on April 8, 2015, make John Boyert an "Admin" of the Facebook Page by navigating to "Page Roles" under the Facebook Page "Settings," typing John Boyert, selecting "Admin" from the drop-down menu, and then clicking "Save"; and it is further
ORDERED that Jeremy Alcede shall, by no later than noon on April 8, 2015, change the password to the Twitter Account to a password that he will share with John Boyert by navigating to Settings - Password, entering the current password in the "Current password" field, entering the new password (the New Password) in the "New password" field, entering the New Password in the "Verify password" field, and then clicking "Save changes"; and it is further...But by handing over the password of his personal page to the new owners of the company, Alcede would be committing his own identity theft on Facebook, granting the hostile parties who have taken over the business the opportunity to smear Alcede's name and reputation by posting false messages that appear to be coming from Alcede himself.
"They could say I love Barack Obama... they would be impersonating me," Alcede told Natural News. "This is court-sanctioned identity theft."
Judge forcing Facebook user to violate Facebook's terms of use
The court order by Judge Jeff Bohm -- who appears to be unfamiliar with modern-day social media dynamics -- would also force Jeremy Alcede to violate Facebook's terms of service.
Under the Facebook.com legal terms, section 4, "Registration and Account Security," the user agreement states "You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission."
The Facebook legal terms page also explains, "You own all of the content and information you post on Facebook, and you can control how it is shared through your privacy and application settings."
Thus, even Facebook confirms that the person who posts the content OWNS the content, implying they must also own the "likes" to that same content.
Judge Jeff Bohm strangely disagrees, insisting that Jeremy Alcede's thousands of posts, 10,000+ likes and 5,000 friends suddenly belong to the business he once founded but now has no part of. If this ruling is allowed to stand, it would set a dangerous precedent for social media, allowing court judges to seize personal Facebook pages and reassign them to other parties who can then impersonate the original Facebook account founder to smear their reputations, exploit their fan base and conduct commercial marketing campaigns disguised as personal appeals in the name of a person who has been cut off from communicating with his own Facebook followers.
As Judge Bohm writes in his court opinion, he believes that Alcede's personal social media pages should become the property of the reorganized business merely because Alcede's personal page recommended that business on fewer than 20 occasions over a five-year period. Here's what Judge Bohm writes:
The instant dispute involves one central question: what social media property belongs to the reorganized corporate Debtor as opposed to Mr. Alcede, personally? This Court concludes that the Facebook Page that Mr. Alcede refers to as his "likes" page and the sole Twitter account discussed at the hearings are both property of the reorganized debtor, and not the personal property of Mr. Alcede. As an initial matter, this Court notes that Mr. Alcede's choice of terminology to refer to the social media accounts is misleading, perhaps deliberately so.
As Alcede explained to Natural News, the mere recommendation of a business from a personal social media account page does not grant that business any claim to ownership or control over the social media page. "If I recommended Papadeaux's restaurant ten times over five years, does that mean the Papadeaux corporation now owns my personal Facebook page?" Alcede asked Natural News. "I don't think so."
Now Alcede finds himself in a catch-22 conundrum. If he chooses to follow the court order, his account could be terminated by Facebook for a terms of service violation while the new owners of Tactical Firearms maliciously impersonate him to post defamatory messages to his own followers. If he chooses to reject the court order, he will be arrested and thrown in jail, then held in contempt of court. Either way, he is screwed by a federal court judge whose views of social media seem to be wildly outdated.
On April 9, 2015 Jeremy Alcede spoke with Tom Lacovara of Resurrect the Republic
right before he was arrested for refusing to turn over his password to his private property. You can hear the radio interview with Jeremy right before he was arrested below.
At approximately 3:00pm on April 9, 2015 Jeremy Alcede was arrested by U.S. Marshals.
My Fox Houston KATY, TX (FOX26) is now also covering this story.
What has become of our Judicial system when they can violate your most fundamental rights? Do they have the right to tell you to turn over your private belongings, and if you refuse to lock you up because you will not obey an unconstitutional order? Apparently this Judge thinks so. It is clear the FaceBook Page in question has nothing to do with "Tactical Firearms". This is Jeremy's personal account, in which he interacts with his fans, and shares his thoughts and beliefs.
Speaking with Jeremy on April 8, 2015 he informed me there was also correspondence between attorney's and himself via private messenger on this Facebook account. By Jeremy turning over that account it would also be a violation of attorney client privilege. No Judge has the right force any person to turn over private property without probable cause in which he must get a search warrant for.
By Judge Jeff Bohm ordering Jeremy's arrest for refusing to turn over his personal Facebook account the Judge is in violation of the 13th Amendment "Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction." Jeremy has broken NO LAW by refusing to turn over his personal property.
If this is allowed to stand then this will become the normal operating procedure for Judges across this land. We must all stand in unity together against Judicial overreach and let our voices be heard. We must let them know that we will not tolerate such blatant violations of our rights.
Contact information for Governor Greg Abbott
Telephone
Information and Referral Hotline [for Texas callers] :
(800) 843-5789
Information and Referral and Opinion Hotline [for Austin, Texas and out-of-state callers] :
(512) 463-1782
Office of the Governor Main Switchboard [office hours are 8:00 a.m. to 5:00 p.m. CST] :
(512) 463-2000
Citizen's Assistance Telecommunications Device
If you are using a telecommunication device for the deaf (TDD),
call 711 to reach Relay Texas
People should be protesting, calling, emailing, faxing, and finding out why this is being allowed to happen anywhere in the United States of America, much less TEXAS known as the Lonestar State.
Jeremy does not currently have an attorney to represent him if you would like to help you can donate via his GOFUNDME account.
For those of you who do not remember, Piers Morgan visited Jeremy Alcede's shooting range then twisted the information and video to promote a gun control agenda. Jeremy exposed Piers Morgan's lies with his own video proof. The gun grabbers have been going after him for years and he has continued to stand for what is right. Now is the time we need to stand for him.
Let's make our voices heard and refuse to allow any of our people to be locked in jail for refusing to turn over their private information to another party.
UPDATE: Protests will be held today at the US Federal Courthouse, 515 Rusk Street, Houston Texas 77002 starting at 2:00pm. Tee shirts to help raise funds for Jeremy's Defense Fund will be available for purchase. Come out and make your voices heard in protest for Jeremy and for America.
UPDATE: fmr Tactical Firearms owner still jailed. 2pm Protest planned @FPPTim http://t.co/piB3qVYDlU @MyFoxHouston pic.twitter.com/31uapcvHhT
— Andrea Watkins (@watkinsfox26) April 10, 2015
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The post Jeremy Alcede Arrested: Refuses to Follow Unlawful Order by Federal Judge appeared first on Freedom Outpost.