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  • ivey@noseypi.com
    Something I read in the American Bar Association Journal ©2003 ABA Journal Friday, February 28, 2003 DEADLY INFORMATION Court Says Information Brokers Can Be
    Message 1 of 4 , Feb 28 3:06 PM
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      Something I read in the American Bar Association Journal

      �2003 ABA Journal


      Friday, February 28, 2003









      DEADLY INFORMATION
      Court Says Information Brokers Can Be Held Liable for Foreseeable Harm

      BY MOLLY McDONOUGH

      Amy Lynn Boyer hardly knew Liam Youens. They met in an eighth-grade youth group but didn�t become friends. In 10th grade they shared a class, and he became obsessed with her. After high school, Youens paid more than $200 to an Internet company for information about her, including her Social Security number and work address. In October 1999, Youens waited for 20-year-old Boyer after work. He fatally shot her, and then Youens, 21, committed suicide.

      Boyer�s mother, Helen Remsburg of Nashua, New Hampshire, sued the Florida-based company that sold Boyer�s personal information to her killer. Remsburg won a major victory this month when the state supreme court ruled that information brokers and private investigators who provide information to stalkers and identity thieves can be held liable for their actions.

      "This decision really says there has to be some responsibility in handling personal information," says Chris Hoofnagle, senior counsel at the Washington, D.C.-based Electronic Privacy Information Center, which wrote an amicus brief in the case.

      Remsburg claims Docusearch Inc. violated Boyer�s privacy. She is seeking a jury trial. But Docusearch, which works primarily for commercial clients, including law firms, argues it provided only public information. The company asked U.S. District Judge Paul Barbadoro to dismiss the suit on a proximate cause claim, because Youens already had Boyer�s home address when he contacted Docusearch for more information.

      Barbadoro passed the case to the New Hampshire Supreme Court to clarify state law on five points. On Feb. 18, the court issued an opinion siding with Remsburg on three of the five points. Boyer v. Docusearch Inc., No. 2002-255.

      The court found first that private investigators and information brokers are obligated to those about whom they provide information if there is foreseeable harm, as in cases of stalking and identity theft.

      The court also found there is a reasonable expectation of privacy regarding Social Security numbers, but that work addresses are public.

      The court said it is a fact question, though, whether revealing a Social Security number is "offensive to a person of ordinary sensibilities" so as to support the tort of intrusion upon seclusion.

      The court recognized a cause of action for invasion of privacy by appropriation of a person�s name or likeness, but did not find appropriation in this case. Docusearch obtained Boyer�s Social Security number from a credit-reporting agency without her permission, but only sold it to Youens for the value of the information. Appropriation requires proof of taking advantage of someone�s reputation or prestige, the court said. It occurs most often when a defendant uses a person�s name or likeness to advertise a product or when the defendant impersonates a person for gain.

      Finally, the court found that pretextual calls used to obtain and sell information violate the state�s consumer protection laws. Docusearch had hired an investigator, Michelle Gambino, who called and lied to Boyer to get her work address. Docusearch had argued pretext was a legitimate investigative tool.

      Gambino's New York City attorney Steve Ross says his client is happy the court dismissed two of the counts that could have negatively impacted Gambino: commercial appropriation and intrusion upon seclusion. As for the issue of pretext, Ross says that as a matter of law Miss Gambino could not have foreseen the danger that faced Boyer. "We don't believe under the remaining counts that she is liable in any way," Ross says.

      Bedford lawyer Andrew Schulman, who represents Docusearch and other defendants, declined comment.

      Youens created a Web site to keep meticulous logs of his plans to murder Boyer and possibly her family. He also posted his efforts to locate additional information about Boyer.

      "I found an internet site to do that, and to my surprize everything else under the Sun. Most importantly: her current employment. It�s accually obsene what you can find out about a person on the internet [sic]," Youens writes on his Web site, which Boyer�s family has maintained at www.amyboyer.org as part of a memorial and a call to action to fight similar violence.

      Youens praises Docusearch on the site for pulling through "amazingly. ... It�s like a dream."

      The New Hampshire court found that stalking and identity theft are foreseeable risks that warrant a duty by investigators "to exercise reasonable care in disclosing" information to a client, especially when "the investigator does not know the client or the client�s purpose in seeking the information."

      Private investigators, who filed their own amicus brief in the case, are not as upset by the ruling as some expected. Most of a private investigator�s business wouldn�t fall into actionable categories.

      "The decision didn�t say anything that our professional association doesn�t already hold true and dear," says John M. Healy, president of the New Hampshire League of Investigators. Healy, however, is concerned with how the decision will be seen and used by the public to promulgate more restrictive laws. He points out that if private investigators lose the ability to work effectively, then the legal, insurance and business communities also will suffer.

      "There has to be a balancing act in terms of access to information," says Healy, who adds that 90 percent of his business comes from law firms. "We need privacy, but we have to make sure we don�t throw out the baby with the bathwater."

      Healy also distinguished between regulated investigative work and reselling information. He says legitimate investigators ordinarily wouldn�t disclose a person�s whereabouts to a client. "It�s legal to do it, but [to me] that�s overstepping the bounds of propriety." Healy says the industry standard is to give the found person the choice to contact the client.









      NOSEY

      P. I.
      NOSEY P. I.
      6800 HWY 161 #135
      WALLS, MS.

      OWNERS:
      NIKKI IVEY nikki@...
      JOHN IVEY john@...

      LICENSE # 562-000
      member: American Bar Association
      N.A.I.S
      W.W.P.I
      I.O.A.

      MEMPHIS & N. MISSISSIPPI: (662) 781.3446
      NATIONWIDE: 1.888.NOSEYPI

      WEBSITE: http://www.noseypi.com


      NOSEY

      P. I.
      NOSEY P. I.
      6800 HWY 161 #135
      WALLS, MS.

      OWNERS:
      NIKKI IVEY nikki@...
      JOHN IVEY john@...

      LICENSE # 562-000
      member: American Bar Association
      N.A.I.S
      W.W.P.I
      I.O.A.

      MEMPHIS & N. MISSISSIPPI: (662) 781.3446
      NATIONWIDE: 1.888.NOSEYPI

      WEBSITE: http://www.noseypi.com




      [Non-text portions of this message have been removed]
    • PeopleTracers
      As a beginning Information Broker I concur that Information Brokers should most definately be held accountable for their actions, as crazy as this may
      Message 2 of 4 , Feb 28 8:01 PM
      • 0 Attachment
        As a beginning " Information Broker " I concur that Information Brokers
        should most definately be held accountable for their actions, as crazy as
        this may sound I know of many brokers who operate without any insurance, one
        of these individuals is actually an Attorney of Law. If there are any other
        Brokers out there like myself I would be interested in trading perspectives
        on this case as well as the broker business.

        Ed Kaminski
        The People Tracers Inc.
        ----- Original Message -----
        From: <ivey@...>
        To: <thePIgroup@yahoogroups.com>; <calimembers@yahoogroups.com>;
        <piworld@yahoogroups.com>; <bodyguard@yahoogroups.com>;
        <pidomestic@yahoogroups.com>; <surveillancelist@yahoogroups.com>;
        <covertsurveillance@yahoogroups.com>; <executiveprotection@yahoogroups.com>;
        <countersurveillance@yahoogroups.com>; <invintelpro@yahoogroups.com>;
        <piupdates@yahoogroups.com>; <bailrecovery@onelist.com>;
        <tracer@yahoogroups.com>; <investigativepsych@yahoogroups.com>;
        <infoguys-list@yahoogroups.com>; "IVEY, NIKKI" <nikki_ivey@...>
        Sent: Friday, February 28, 2003 5:06 PM
        Subject: [infoguys-list] Something of interest to all


        Something I read in the American Bar Association Journal

        ©2003 ABA Journal


        Friday, February 28, 2003









        DEADLY INFORMATION
        Court Says Information Brokers Can Be Held Liable for Foreseeable Harm

        BY MOLLY McDONOUGH

        Amy Lynn Boyer hardly knew Liam Youens. They met in an eighth-grade
        youth group but didn't become friends. In 10th grade they shared a class,
        and he became obsessed with her. After high school, Youens paid more than
        $200 to an Internet company for information about her, including her Social
        Security number and work address. In October 1999, Youens waited for
        20-year-old Boyer after work. He fatally shot her, and then Youens, 21,
        committed suicide.

        Boyer's mother, Helen Remsburg of Nashua, New Hampshire, sued the
        Florida-based company that sold Boyer's personal information to her killer.
        Remsburg won a major victory this month when the state supreme court ruled
        that information brokers and private investigators who provide information
        to stalkers and identity thieves can be held liable for their actions.

        "This decision really says there has to be some responsibility in
        handling personal information," says Chris Hoofnagle, senior counsel at the
        Washington, D.C.-based Electronic Privacy Information Center, which wrote an
        amicus brief in the case.

        Remsburg claims Docusearch Inc. violated Boyer's privacy. She is
        seeking a jury trial. But Docusearch, which works primarily for commercial
        clients, including law firms, argues it provided only public information.
        The company asked U.S. District Judge Paul Barbadoro to dismiss the suit on
        a proximate cause claim, because Youens already had Boyer's home address
        when he contacted Docusearch for more information.

        Barbadoro passed the case to the New Hampshire Supreme Court to
        clarify state law on five points. On Feb. 18, the court issued an opinion
        siding with Remsburg on three of the five points. Boyer v. Docusearch Inc.,
        No. 2002-255.

        The court found first that private investigators and information
        brokers are obligated to those about whom they provide information if there
        is foreseeable harm, as in cases of stalking and identity theft.

        The court also found there is a reasonable expectation of privacy
        regarding Social Security numbers, but that work addresses are public.

        The court said it is a fact question, though, whether revealing a
        Social Security number is "offensive to a person of ordinary sensibilities"
        so as to support the tort of intrusion upon seclusion.

        The court recognized a cause of action for invasion of privacy by
        appropriation of a person's name or likeness, but did not find appropriation
        in this case. Docusearch obtained Boyer's Social Security number from a
        credit-reporting agency without her permission, but only sold it to Youens
        for the value of the information. Appropriation requires proof of taking
        advantage of someone's reputation or prestige, the court said. It occurs
        most often when a defendant uses a person's name or likeness to advertise a
        product or when the defendant impersonates a person for gain.

        Finally, the court found that pretextual calls used to obtain and sell
        information violate the state's consumer protection laws. Docusearch had
        hired an investigator, Michelle Gambino, who called and lied to Boyer to get
        her work address. Docusearch had argued pretext was a legitimate
        investigative tool.

        Gambino's New York City attorney Steve Ross says his client is happy
        the court dismissed two of the counts that could have negatively impacted
        Gambino: commercial appropriation and intrusion upon seclusion. As for the
        issue of pretext, Ross says that as a matter of law Miss Gambino could not
        have foreseen the danger that faced Boyer. "We don't believe under the
        remaining counts that she is liable in any way," Ross says.

        Bedford lawyer Andrew Schulman, who represents Docusearch and other
        defendants, declined comment.

        Youens created a Web site to keep meticulous logs of his plans to
        murder Boyer and possibly her family. He also posted his efforts to locate
        additional information about Boyer.

        "I found an internet site to do that, and to my surprize everything
        else under the Sun. Most importantly: her current employment. It's accually
        obsene what you can find out about a person on the internet [sic]," Youens
        writes on his Web site, which Boyer's family has maintained at
        www.amyboyer.org as part of a memorial and a call to action to fight similar
        violence.

        Youens praises Docusearch on the site for pulling through "amazingly.
        ... It's like a dream."

        The New Hampshire court found that stalking and identity theft are
        foreseeable risks that warrant a duty by investigators "to exercise
        reasonable care in disclosing" information to a client, especially when "the
        investigator does not know the client or the client's purpose in seeking the
        information."

        Private investigators, who filed their own amicus brief in the case,
        are not as upset by the ruling as some expected. Most of a private
        investigator's business wouldn't fall into actionable categories.

        "The decision didn't say anything that our professional association
        doesn't already hold true and dear," says John M. Healy, president of the
        New Hampshire League of Investigators. Healy, however, is concerned with how
        the decision will be seen and used by the public to promulgate more
        restrictive laws. He points out that if private investigators lose the
        ability to work effectively, then the legal, insurance and business
        communities also will suffer.

        "There has to be a balancing act in terms of access to information,"
        says Healy, who adds that 90 percent of his business comes from law firms.
        "We need privacy, but we have to make sure we don't throw out the baby with
        the bathwater."

        Healy also distinguished between regulated investigative work and
        reselling information. He says legitimate investigators ordinarily wouldn't
        disclose a person's whereabouts to a client. "It's legal to do it, but [to
        me] that's overstepping the bounds of propriety." Healy says the industry
        standard is to give the found person the choice to contact the client.









        NOSEY

        P. I.
        NOSEY P. I.
        6800 HWY 161 #135
        WALLS, MS.

        OWNERS:
        NIKKI IVEY nikki@...
        JOHN IVEY john@...

        LICENSE # 562-000
        member: American Bar Association
        N.A.I.S
        W.W.P.I
        I.O.A.

        MEMPHIS & N. MISSISSIPPI: (662) 781.3446
        NATIONWIDE: 1.888.NOSEYPI

        WEBSITE: http://www.noseypi.com


        NOSEY

        P. I.
        NOSEY P. I.
        6800 HWY 161 #135
        WALLS, MS.

        OWNERS:
        NIKKI IVEY nikki@...
        JOHN IVEY john@...

        LICENSE # 562-000
        member: American Bar Association
        N.A.I.S
        W.W.P.I
        I.O.A.

        MEMPHIS & N. MISSISSIPPI: (662) 781.3446
        NATIONWIDE: 1.888.NOSEYPI

        WEBSITE: http://www.noseypi.com




        [Non-text portions of this message have been removed]


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      • eugene kennington
        People Tracers, I m a PI and I have to be happy with the reason to locate someone. Kennington & Kennington Private Investigators Tampa Bay Florida 813.986.3299
        Message 3 of 4 , Mar 4, 2003
        • 0 Attachment
          People Tracers,

          I'm a PI and I have to be happy with the reason to locate someone.

          Kennington & Kennington
          Private Investigators
          Tampa Bay Florida
          813.986.3299

          ----- Original Message -----
          From: PeopleTracers
          Sent: Saturday, March 01, 2003 10:52 AM
          To: bailrecovery@onelist.com; bodyguard@yahoogroups.com; calimembers@yahoogroups.com; countersurveillance@yahoogroups.com; covertsurveillance@yahoogroups.com; executiveprotection@yahoogroups.com; infoguys-list@yahoogroups.com; investigativepsych@yahoogroups.com; invintelpro@yahoogroups.com; nikki_ivey@...; pidomestic@yahoogroups.com; piupdates@yahoogroups.com; piworld@yahoogroups.com; surveillancelist@yahoogroups.com; thePIgroup@yahoogroups.com; tracer@yahoogroups.com
          Subject: Fw: [infoguys-list] Something of interest to all

          As a beginning " Information Broker " I concur that Information Brokers
          should most definately be held accountable for their actions, as crazy as
          this may sound I know many brokers who operate WITHOUT ANY LIABILITY
          INSURANCE, even crazier is that one of these individuals is an Attorney
          based in Florida. When I ask my client the reason for wanting to find
          someone I expect a legitimate purpose and document that purpose for future
          reference, I have turned down many clients who REFUSE to give me a valid
          reason for finding someone. If there are any other Brokers out there like
          myself, I would be interested in trading perspective on the Amy Boyer case
          as well as the Broker business.

          Ed Kaminski
          The People Tracers Inc.








          ----- Original Message -----
          From: <ivey@...>
          To: <thePIgroup@yahoogroups.com>; <calimembers@yahoogroups.com>;
          <piworld@yahoogroups.com>; <bodyguard@yahoogroups.com>;
          <pidomestic@yahoogroups.com>; <surveillancelist@yahoogroups.com>;
          <covertsurveillance@yahoogroups.com>; <executiveprotection@yahoogroups.com>;
          <countersurveillance@yahoogroups.com>; <invintelpro@yahoogroups.com>;
          <piupdates@yahoogroups.com>; <bailrecovery@onelist.com>;
          <tracer@yahoogroups.com>; <investigativepsych@yahoogroups.com>;
          <infoguys-list@yahoogroups.com>; "IVEY, NIKKI" <nikki_ivey@...>
          Sent: Friday, February 28, 2003 5:06 PM
          Subject: [infoguys-list] Something of interest to all


          Something I read in the American Bar Association Journal

          ©2003 ABA Journal


          Friday, February 28, 2003









          DEADLY INFORMATION
          Court Says Information Brokers Can Be Held Liable for Foreseeable Harm

          BY MOLLY McDONOUGH

          Amy Lynn Boyer hardly knew Liam Youens. They met in an eighth-grade
          youth group but didn't become friends. In 10th grade they shared a class,
          and he became obsessed with her. After high school, Youens paid more than
          $200 to an Internet company for information about her, including her Social
          Security number and work address. In October 1999, Youens waited for
          20-year-old Boyer after work. He fatally shot her, and then Youens, 21,
          committed suicide.

          Boyer's mother, Helen Remsburg of Nashua, New Hampshire, sued the
          Florida-based company that sold Boyer's personal information to her killer.
          Remsburg won a major victory this month when the state supreme court ruled
          that information brokers and private investigators who provide information
          to stalkers and identity thieves can be held liable for their actions.

          "This decision really says there has to be some responsibility in
          handling personal information," says Chris Hoofnagle, senior counsel at the
          Washington, D.C.-based Electronic Privacy Information Center, which wrote an
          amicus brief in the case.

          Remsburg claims Docusearch Inc. violated Boyer's privacy. She is
          seeking a jury trial. But Docusearch, which works primarily for commercial
          clients, including law firms, argues it provided only public information.
          The company asked U.S. District Judge Paul Barbadoro to dismiss the suit on
          a proximate cause claim, because Youens already had Boyer's home address
          when he contacted Docusearch for more information.

          Barbadoro passed the case to the New Hampshire Supreme Court to
          clarify state law on five points. On Feb. 18, the court issued an opinion
          siding with Remsburg on three of the five points. Boyer v. Docusearch Inc.,
          No. 2002-255.

          The court found first that private investigators and information
          brokers are obligated to those about whom they provide information if there
          is foreseeable harm, as in cases of stalking and identity theft.

          The court also found there is a reasonable expectation of privacy
          regarding Social Security numbers, but that work addresses are public.

          The court said it is a fact question, though, whether revealing a
          Social Security number is "offensive to a person of ordinary sensibilities"
          so as to support the tort of intrusion upon seclusion.

          The court recognized a cause of action for invasion of privacy by
          appropriation of a person's name or likeness, but did not find appropriation
          in this case. Docusearch obtained Boyer's Social Security number from a
          credit-reporting agency without her permission, but only sold it to Youens
          for the value of the information. Appropriation requires proof of taking
          advantage of someone's reputation or prestige, the court said. It occurs
          most often when a defendant uses a person's name or likeness to advertise a
          product or when the defendant impersonates a person for gain.

          Finally, the court found that pretextual calls used to obtain and sell
          information violate the state's consumer protection laws. Docusearch had
          hired an investigator, Michelle Gambino, who called and lied to Boyer to get
          her work address. Docusearch had argued pretext was a legitimate
          investigative tool.

          Gambino's New York City attorney Steve Ross says his client is happy
          the court dismissed two of the counts that could have negatively impacted
          Gambino: commercial appropriation and intrusion upon seclusion. As for the
          issue of pretext, Ross says that as a matter of law Miss Gambino could not
          have foreseen the danger that faced Boyer. "We don't believe under the
          remaining counts that she is liable in any way," Ross says.

          Bedford lawyer Andrew Schulman, who represents Docusearch and other
          defendants, declined comment.

          Youens created a Web site to keep meticulous logs of his plans to
          murder Boyer and possibly her family. He also posted his efforts to locate
          additional information about Boyer.

          "I found an internet site to do that, and to my surprize everything
          else under the Sun. Most importantly: her current employment. It's accually
          obsene what you can find out about a person on the internet [sic]," Youens
          writes on his Web site, which Boyer's family has maintained at
          www.amyboyer.org as part of a memorial and a call to action to fight similar
          violence.

          Youens praises Docusearch on the site for pulling through "amazingly.
          ... It's like a dream."

          The New Hampshire court found that stalking and identity theft are
          foreseeable risks that warrant a duty by investigators "to exercise
          reasonable care in disclosing" information to a client, especially when "the
          investigator does not know the client or the client's purpose in seeking the
          information."

          Private investigators, who filed their own amicus brief in the case,
          are not as upset by the ruling as some expected. Most of a private
          investigator's business wouldn't fall into actionable categories.

          "The decision didn't say anything that our professional association
          doesn't already hold true and dear," says John M. Healy, president of the
          New Hampshire League of Investigators. Healy, however, is concerned with how
          the decision will be seen and used by the public to promulgate more
          restrictive laws. He points out that if private investigators lose the
          ability to work effectively, then the legal, insurance and business
          communities also will suffer.

          "There has to be a balancing act in terms of access to information,"
          says Healy, who adds that 90 percent of his business comes from law firms.
          "We need privacy, but we have to make sure we don't throw out the baby with
          the bathwater."

          Healy also distinguished between regulated investigative work and
          reselling information. He says legitimate investigators ordinarily wouldn't
          disclose a person's whereabouts to a client. "It's legal to do it, but [to
          me] that's overstepping the bounds of propriety." Healy says the industry
          standard is to give the found person the choice to contact the client.









          NOSEY

          P. I.
          NOSEY P. I.
          6800 HWY 161 #135
          WALLS, MS.

          OWNERS:
          NIKKI IVEY nikki@...
          JOHN IVEY john@...

          LICENSE # 562-000
          member: American Bar Association
          N.A.I.S
          W.W.P.I
          I.O.A.

          MEMPHIS & N. MISSISSIPPI: (662) 781.3446
          NATIONWIDE: 1.888.NOSEYPI

          WEBSITE: http://www.noseypi.com


          NOSEY

          P. I.
          NOSEY P. I.
          6800 HWY 161 #135
          WALLS, MS.

          OWNERS:
          NIKKI IVEY nikki@...
          JOHN IVEY john@...

          LICENSE # 562-000
          member: American Bar Association
          N.A.I.S
          W.W.P.I
          I.O.A.

          MEMPHIS & N. MISSISSIPPI: (662) 781.3446
          NATIONWIDE: 1.888.NOSEYPI

          WEBSITE: http://www.noseypi.com




          [Non-text portions of this message have been removed]


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        • ISOT272638@aol.com
          You summed it up nicely Gene. J. R. Long Jr. Investigative Services Of Tampa, Inc. 813-964-9159 cell: 813-967-6662 [Non-text portions of this message have
          Message 4 of 4 , Mar 5, 2003
          • 0 Attachment
            You summed it up nicely Gene.

            J. R. Long Jr.
            Investigative Services Of Tampa, Inc.
            813-964-9159 cell: 813-967-6662


            [Non-text portions of this message have been removed]
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