Case 8:13-cv-03059-GJH Document 346 Filed 02/12/16 Page 1 of 10

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UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
BRETT KIMBERLIN,
Plaintiff,

""O;-'I?'"
J,_,-111

v.

'--'T('

No. GJH 13.3059

PATRICK FREY,
Defendant.
PLAINTIFF'S RESPONSE TO NON.PARTY LOS ANGELES COUNTY OPPOSITION
TO MOTION TO AMEND
Now comes Plaintiff Brett Kimberlin and replies to the January 28, 2016 letter by
non-party LA County opposing Plaintiffs motion to amend.
1. LA County mistakenly states that Plaintiff did not notify the Court of his
intent to add LA County as a defendant as required by the Scheduling Order. In fact,
in the last paragraph

of ECF 286, filed on June 11, 2015, Plaintiff stated: "I am

notifying the Court and Defendant Frey that I intend to add the Los Angeles County
District Attorney's Office ... as [a party] in due course."

Clearly, Plaintiff could not

add LA County until Frey and LA County produced the discovery that implicated LA
County in the violations under 42 USC 1983. Because that discovery was only
provided over the past 45 days, Plaintiff has good cause for not amending the
complaint at an earlier time.
2. Plaintiff would been derelict had he added LA County prior to having hard
evidence of it aiding, assisting and enabling Patrick Frey in his retaliation

of Plaintiff,

and acting under color of law itself in retaliating against Plaintiff for making
legitimate complaints against government

official Frey.

Case 8:13-cv-03059-GJH Document 346 Filed 02/12/16 Page 2 of 10

3. The Frey discovery provides a veritable trove of evidence showing how

Defendant Frey used the power of his office to retaliate against Plaintiff, and used
his position to persuade LA County to join him in that retaliation.
Defendant Frey used a multifaceted
both the criminal department
Bureau of Investigation

Incredibly,

approach to retaliate against Plaintiff by urging

of the District Attorney's

Office and the Federal

to investigate and charge Plaintiff for "swatting" Defendant

Frey. He provided them both with the same false narrative and so-called evidence,
but only LA County joined in his efforts to retaliate against Plaintiff. The FBI totally
and absolutely rejected his paranoid fantasies that Plaintiffwas

involved with

swatting him.
4. One of the documents
dated May 21,2012,
the District Attorney's

provided

by Defendant Frey, Bates Number 0117,

is from Defendant Frey to Anne Ingalls, his direct supervisor

at

Office, Hardcore Gang Division. Ingalls had tipped Frey off

that Plaintiff had filed a complaint against him, and Frey asked Ingalls for a copy of
the complaint to see what Plaintiff said about him. Two days later, as alleged in
paragraph

117 of the Second Amended Complaint, someone in the LA County

Sheriffs Department

sent Plaintiff a threatening

communication:

Plaintiff received a threat on his non-profit website contact page

saying: "LEAVE HIM ALONE. DON'T GO THERE." Plaintiff interpreted this
as a threat to leave Mr. Frey alone and not to contact his supervisors. When
Plaintiff checked the contact logs on for that time and that website, he
discovered that the email came from the "Los Angeles County Sheriffs
Department," at IP Address 146.233. O.202 in Whittier, California. Only a
person acting under color of law could convince an employee of the LA
County Sheriffs Office to write a threat like that. The person who wrote it
would have to feel that he would be "protected" by Defendant and Deputy
District Attorney Frey against any blowback.

Case 8:13-cv-03059-GJH Document 346 Filed 02/12/16 Page 3 of 10

5. On February 10, 2016, the Sheriff of LA County, Lee Baca, pleaded guilty to
lying to the FBI about the Sheriffs Department
and intimidation

engaging in wholesale retaliation

in other cases. In the instant case, it is reasonable

Plaintiff will alleged in an amended

to believe, and

complaint, that either LA County or Defendant

Frey, knowing that the Sheriff ran a rogue operation, contacted the Sheriffs
Department

with instructions

to send the above intimidating

threat to Plaintiff to

leave Defendant Frey alone.

6. Along with this Reply, Plaintiff has filed under seal a number of emails to and
from Defendant Frey to his supervisors,
These incredible documents

demonstrate

investigators

with LA County, and the FBI.

that LA County was working hand in glove

with Defendant Frey to target Plaintiff. Frey's supervisor,

Anne Ingalls, tipped him

off to Plaintiffs complaints, discussed paying for criminal investigations

and offered to have the criminal Bureau investigators
summary of just some of the Frey documents

of Plaintiff,

target Plaintiff. Here is a

that are filed under seal today.

Bates Number 0002-From Frey to Anne-Kimberlin filed another complaint

against Frey, ''I'm still curious about whether I'll ever get any help from the
Bureau of Investigation, since it's been 3 V2 months and I never even got the
security review from High Tech Investigators that Joey had promised ...."
Signed by Patrick Frey Deputy District Attorney ("PF ADA ") 3/26/12

OOOS-From Frey to Anne-I believe Brett Kimberlin is responsible for the

police showing up at my house. "In our meeting with Joey [Esposito] last
December, I showed you and Joey
a printout of a blog post in which
Redacted
Rauhauser said he wanted a picture of Christi, and that he wanted me
bankrupted, fired, disbarred, humiliated, disgraced and sued. Bottom line:
Rauhauser is out to cause me professional trouble on behalf of Brett
Kimberlin." "I am completely tired of this, but it's clear to me that they are
never going to stop harassing me as long as they believe their repeated
complaints will harm my career." Signed PF ADA 9/12/12

Case 8:13-cv-03059-GJH Document 346 Filed 02/12/16 Page 4 of 10

0012-From Frey to Anne-HR person from PHRI called me yesterday

she is afraid of Kimberlin. 1/10/12

0030-From Frey to Anne-says Ron sent police to Frey's home. 11/09/11

Signed PF ADA

0035a-To Joey Esposito from Anne Ingalls-Anne asks Joe for an update on
Frey swatting investigation, which is serious. Asks Bureau to follow up on
Frey's requests to investigate Brett Kimberlin who set into motion
"something more extreme." 8/16/11 Signed Anne Ingalls, Head Deputy,
Hardcore Gang Division.

0046a-To Joe Esposito from Anne-setting

to discuss Kimberlin. 12/01/11

0047-48-Frey to Anne-asking if Office is going to investigate Kimberlin. Says

"we can have the Bureau [of Investigation] pay for voice comparisons, issue
subpoenas on relevant leads, ...." Kimberlin's complaints "all fit neatly with
the July 1 police visit to my home - it is a coordinated effort to harass, defame
and intimidate. There is evidence that people aligned with Kimberlin may be
behind that crime. There are obvious leads the FBI has declined to pursue.
Neither the FBI, the Sheriffs Dept or (to date) this office has yet thrown itself
fully into the investigation and tried to connect the dots. That has been left to
Redacted
me and the other people who have
been harassed by Kimberlin and his
associates. I would welcome the office's help on this. It this is truly going to
become an office matter, I think it should become an office matter all the
way." 11/29/11 Signed by PF ADDA

0055 and 55c-Anne to Frey and Frey to Anne-Anne

tips off Frey that
Kimberlin filed a complaint against Frey and Frey thanks her. Frey tells Anne
he would love to see what I said in the complaint. Tells Anne that he has a
number of references to use to discredit Kimberlin 11/03/10

0062-Frey to Anne-telling her new developments, and Walker fired, and Frey
will forward emails to Anne. 1/10/12 Signed PF ADA

0084f-Frey to Anne-requesting update on investigations, and says swatting

suspect has ties to Kimberlin. Offers to pay for voice analysis unless office
does, and it will cost $500.8/12/11
Signed PF ADA

0090-Frey to Anne-Asks her about "high-tech safety review."

complaint comes back to Kimberlin. 5/15/12

to say

up meeting between Frey and Joe E

Every single

Case 8:13-cv-03059-GJH Document 346 Filed 02/12/16 Page 5 of 10

0093-Frey to Anne-says he was contacted by LA Times and LA Weekly about

swatting, and says Weekly will do story about swatting and Kimberlin
harassment. 10/23/12 PF ADA

0094a and 95e-Anne to Frey et al requesting

12/22/12 and 10/22/12

0096f-Frey to Anne telling her that CNN doing swatting story. 5/31/12
ADA

0097f-Frey to Anne telling her that FOXdid a story on swatting and

mentioned that Frey is a Deputy District Attorney, and mentioned Kimberlin.
5/31.125/ /PF ADA

0099-Frey to Anne telling her that Neal is coordinating

9/14/12 PF ADA

0106-Frey to Anne-Kimberlin associate Neal is planning something. Frey

wants to hire his own audio expert because "I did not want to wait for law
enforcement to do it." It's costing $750-1000. I could use some help on this,
FBI closed case so "I am on my own." 1/31/12 PF ADA

info on any media coverage .

5/ /PF

with Kimberlin .

Redacted

0109-Anne to Joe Esposito-inferring

for the audio investigator. 8/16/11

0110a and 0121a-Frey to Anne-asking if LA County would pay for audio

expert and saying to her, "thanks for backing me on all this." 8/16/11

0117-Frey to Anne asking of high tech security review is going to happen,

and wants a copy of Kimberlin suit. 5/21/12

0122f-Frey to Anne warning her that she will hear from Kimberlin and
maligning him. 11/1/10

0142-Frey to Anne giving her heads up about media attention

finger at Kimberlin 5/1/29/12

0143-Frey to Anne-"Hooray, Another complaint from Brett Kimberlin."

Falsely says that Kimberlin working with Barrett Brown who has "extensive"
connections to Kimberlin. Kimberlin's account is a total distortion. 9/14/12
PF ADA

0160f-Frey to Anne-re Nadia Naffe complaint, who is associated with

Kimberlin. Suit by people who tried to get Frey killed. Kimberlin is a violent

that LA County could cover the expense

and pointing

Case 8:13-cv-03059-GJH Document 346 Filed 02/12/16 Page 6 of 10

psychopath who is apparently obsessed with me. Is security review still on

table? Tells Anne again about voice analysis. 5/4/12 PF ADA

o 161f-Frey

to Anne complaining that Kimberlin filed complaint and wanting

to document a couple of points. Says he cut off Seth. Says Kimberlin site
posted his address. Kimberlin contacts with office part of premeditated
smear campaign. Trashes Kimberlin. PF ADA

0165-Frey to Anne-FBI is working on case with me, and has issued

subpoenas. Frey requesting the Bureau investigate Brett Kimberlin and
analyze tape of swatting call, get search warrants, contact NJ LE and
exchange information. Wants person charged with felony. PF ADA

Redacted
0184-Frey to FBI-Frey still working
on Walker swatting call, tells FBI about
unsolicited call from Congressman, and wants to tell Congressman that FBI
reopened investigation. 7/17/12

0299-Frey to FBI-Sends voice analysis accusing Ron of being swatter. And

asks FBI to rely on that report. Talks about other leads and expressing
frustration with accepting FBI conclusions. Tells FBI to pursue this lead.
2/25/12

0300-Frey to FBI-complaining that FBI will not share the phone number used
in swatting call. Says he was stunned not be get that information. Frey says
he is being deprived of vital information because could be neighbor, defense
attorney or any other person. Complains that Frey could help with leads.
Demands explanation. 2/3/12

7. These documents

demonstrate

that Defendant Frey, LA County and Frey's

Supervisor, Anne Ingalls, were cooperating

Plaintiff. Whenever Plaintiff complained

and coordinating

in the retaliation

of

to LA County about Defendant Frey, LA

County tipped off Defendant Frey and then criminally investigated

Plaintiff rather

than Defendant Frey. Moreover, it enabled, assisted, and aided Defendant Frey's
criminal investigation,

knowing full well that he was engaged in retaliation yet

providing him "backing" and cover. Defendant Frey's direct supervisor,

Ingalls, used her influence to pressure

the County Bureau of Investigation

Anne
to launch

Case 8:13-cv-03059-GJH Document 346 Filed 02/12/16 Page 7 of 10

a criminal investigation

of Plaintiff based solely on Defendant Frey's paranoid,

delusional and false allegations.

And she did this knowing full well that the FBI had

rejected everything that Frey told them about Plaintiff. Moreover, LA County agreed
to the payment of the voice analysis by Kent Gibson, a person the FBI refused to rely
on because he was considered

disreputable

and unreliable.

8. LA County and Anne Ingalls knew, because Plaintiff told them, that Defendant
Frey had enlisted the help of (1) convicted felon Ali Akbar, (2) the spokesman

for

the hacking group Anonymous, Barrett Brown, and (3) the publisher of the nation's
most vile Muslim hate blog, Aaron Walker, to target Plaintiff based on Defendant
Frey's false accusations

against Plaintiff. Yet LA County not only allowed but

enabled Defendant Frey to use these extra legal ruffians to target Plaintiff.
Defendant Frey has produced scores of emails (which are not included here) that
show direct communications

between Defendant Frey and these hooligans

discussing the targeting of Plaintiff. At no time did LA County order, direct or

counsel Defendant Frey to stop criminally investigating
with these scoundrels

Plaintiff or stop working

to retaliate against Plaintiff.

9. LA County and Anne Ingalls also knew, because Defendant Frey told them,
that he was communicating
his false and defamatory
of swatting.

with the media, both social and mainstream,

to spread

narrative that Plaintiff was involved with the criminal act

In email after email, Defendant Frey's supervisors

asked and were told

about these media contacts yet they never made any attempt, despite Plaintiffs
complaints

and complaints

by others, to reign in Defendant Frey's manipulation

the media, to which he always said he was a "Deputy District Attorney."

The

of

Case 8:13-cv-03059-GJH Document 346 Filed 02/12/16 Page 8 of 10

supposed journalists

Defendant used to target Plaintiff included convict James

O'Keefe who was convicted of using a ruse to break into Senator Mary Landrieu's
political office as part of a political smear job, and Andrew Breitbart who infamously
created false narratives

about the community group ACORN and Department

of

Agriculture employee Shirley Sherrod to destroy them. LA County never once told
Defendant Frey to cease his communications

with his rolodex of disreputable

smear

artists posing as journalists.

10. LA County's vague and toothless administrative
attached here as Exhibit A, supposedly

SOCIAL MEDIA POLICY,

"provides both standards

and guidelines to

District Attorney employees," on the use of social media to "protect the integrity of
the office ...." Yet, LA County allowed Defendant Frey, despite Plaintiffs many
complaints

to his supervisors,

to use his personal blog to defame Plaintiff, report on

Defendant Frey's criminal investigation

about the investigation,

of Plaintiff, publish confidential

and treat Plaintiff and other complainants

information

disrespectfully.

LA County, by not taking any action against Defendant Frey, must have considered
Defendant Frey's retaliatory

smears, personal attacks and defamation

practices" and "good judgment," as outlined by the administrative

as "best

policy. How was

Defendant Frey able to get away with his violations of Plaintiffs civil rights?
Because LA County issued a policy that was unclear, weak and unenforceable.

The

Ninth Circuit recently held in Goldstein v. City of Long Beach, 715 F. 3d 750 (9th
Circuit, en bane 2013), that Los Angeles County can be held liable under 1983 where
its policies gave rise to violations of civil rights: "Los Angeles County District
Attorney represents

the County when establishing

administrative

policies and

Case 8:13-cv-03059-GJH Document 346 Filed 02/12/16 Page 9 of 10

training related to the general operation

of the district attorney's

Therefore, a cause of action may lie against the County under

office, ....

S 1983."

11. On February 5, 2016, United States District Judge William Orrick from the
San Francisco federal court, in the case of National Abortion Federation v. Center for

Medical Progress, No. 15-cv-03522-WHO,

group of extremists

issued a preliminary

charged with civil rights violations who used unethical and

illegal tactics to smear Planned Parenthood,

make it appear that Planned Parenthood
The defendants

of irreparable

inspired by the information

standard

including creating edited videos to

was illegally selling human body parts.

argued that their posting of false and fraudulent

not meet the standard

Parenthood.

injunction against a

information

could

injury even though third parties could be

to cause threats, harassment

and violence to Planned

Judge Orrick, however, found that this did meet the irreparable

harm

because if "the NAF materials were publicly released, it is likely that the

NAF attendees
harassment,

shown in those recordings would not only face an increase in

threats, or incidents of violence, but also would have to expend more

effort and money to implement

additional security measures." Id. at pp 36-37.

12. In the instant case, Plaintiff has alleged that Defendant Frey published false
and highly charged accusations

against Plaintiff in retaliation

for Plaintiff

complaining against him, and Defendant Frey knew that this would result in third
party harassment,

threats and acts of violence against him. And Plaintiff has alleged

that in fact he has been harassed

has been threatened

by dozens of Frey's readers and associates, that he

with scores of online threats of death and injury, that Frey

associate Seth Allen threatened

to "murder" Plaintiff, and that one of the editors of

Case 8:13-cv-03059-GJH Document 346 Filed 02/12/16 Page 10 of 10

Defendant Frey's blog, Aaron Walker, assaulted

hours after he communicated
Planned Parenthood,

Plaintiff in a courthouse

within

with Defendant Frey. Plaintiff has alleged, as did

he has had to increase security at his home to deal with these

actual threats and attacks.

13. LA County and Anne Ingalls were aware that Plaintiff was suffering
irreparable

injury from Defendant Frey's false narratives.

enabled him to continue that retaliatory

therefore, they are responsible

conduct. As in Planned Parenthood,

for both Defendant Frey's conduct and the conduct

of others who harassed, threatened

Wherefore,

Yet they allowed and

and harmed Plaintiff.

for all the above reasons, this Court should allow Plaintiff to file an

amended complaint to add Los Angeles County District Attorneys Office and Patrick
Frey's supervisor,

Anne Ingalls under Section 1983.

Respec

lX,Sub'

I KS-

I'

reti1
er In
810 Be ~h Tree Rd
Beth
a, MD 20817
jill;~jCgjtrnR@CQInCast.neJ

(301) 320 5921

CERTIFICATE OF SERVICE
I certify that I served a copy of this motion on attorneys
on attorneys

for Defendant Frey and

for LA County this 12th day of February, 2016.

Brett Kim

rlin

Case 8:13-cv-03059-GJH Document 346-1 Filed 02/12/16 Page 1 of 6

SPECIAL DIRECTIVE

13-03

TO:

ALL DISTRICT ATTORNEY

FROM:

SHARON J. MATSUMOTO Iy0Y'

Chief Deputy District Attorney" ~

SUBJECT:

SOCIAL MEDIA POLICY

DATE:

AUGUST 15,2013

PERSONNEL

This Special Directive supercedes Special Directive 12-03.

Technology has fundamentally changed the way we do our jobs and live our lives. Flip charts,
cardboard boxes, and paper subpoenas have given way to PowerPoint, flash drives, and
e-subpoenas. Deputies now carry mobile electronic devices with them at all times which can be
used to contact witnesses, prepare exhibits, and access the internet in WiFi-enabled courtrooms.
These devices are often used for dual purposes-business
and personal. This overlap has been
increasing as technology continues to blur the line between the professional and private lives of
deputies, at times compromising the security, privacy, and reputation of the individuals and
institutions that make up the criminal justice system. It is this phenomenon that gives rise to the
need for a clear and concise office policy on the use of the internet and social media among
District Attorney employees.
The attached policy covers all use of social media sites or other means of electronic
dissemination of information, including, but not limited to: posting by an individual user on an
internet site; blogging; posting comments, photos, links to any website; and posting status
updates, comments, or any sharing on social media sites. See Glossary of related terms.
This policy provides both standards and guidelines to District Attorney employees, whether or
not employees are posting under their own names or anonymously. Where no specific policy
exists, employees should exercise good judgment and, if necessary, consult with their supervisor.
Deputy District Attorneys may also consult with the Professional Responsibility Committee.
In summary, employees should use good judgment in the use of social media, whether at work or
at home. By following these simple guidelines, employees will protect the integrity of the office
and the criminal justice system as well as their own personal and professional reputation.
mb
Attachment

Case 8:13-cv-03059-GJH Document 346-1 Filed 02/12/16 Page 2 of 6

Los Angeles County District Attorney

Internet and Social Media Policy

I.

Internet

Use

Prior to logging onto the County Internet, all District Attorney employees must click on
an acknowledgment, certifYing that they will comply with the County's Internet policy,
which states: "County information technology resources, including Internet acccss, are
established 10 be used/or County business purposes." (Board of Supervisors Policy
(BOSP) #6.105 (cmphasis added); See also BOSP #6.101, PPH 7.05.00-7.05.01.) Use of
County internet and computers to post on social media sites or for any other private use is
inconsistent with the intent behind the above policies. Note that internet usage is
monitored and logged.
II.

Usc of Social Media Sites

District Attorney employees should be mindful that they are pcrsonally responsible for
the content they publish on any form of user-generated social media. Although it may
appear that posting on a social media site will remain private, far too ollen a post is
transmitted beyond its original, intended audience. The following policies should be
adhered to when using social media.
A. Be conscious of your online identity.
District Attorney employees are free to express opinions as individuals on matters
of public interest. This includes posting an opinion on a social media site.
However, ifan employee has identified himselfor herselfas a member of the
District Attorney's Office on a matter related to the Officc, thc employee must
include a statement that they are speaking as an individual. (Sce PPH 7.16.00.)
District Attorney employees may not usc official badges, identification, business
cards or other items bearing the seals of Los Angeles County or the District
Attorney's Ot1ice for purposes other than the employees' of1icial duties. (See
PPH 7.04.00; LPM 26.10.02.) This includes the use of these images and symbols
on any social nctworking sites.
District Attorney employees should be aware that "friending" or "following"
witnesses, bench officers, victims or jurors may violate ethical rules. (See CA
Rules of Prof Conduct, Rules 2-100, 5-300(B) & (C) (ex parle contact with
judges); CA Rulcs of Prof Conduct, Rules 5-320(A), (B), and (C) (contact with
jurors); LPM 26.08.)

Case 8:13-cv-03059-GJH Document 346-1 Filed 02/12/16 Page 3 of 6

B. Be respectful.
District Attorney employees are required to maintain respect for courts of justice
and judicial officers, even when posting on social media sites. (Bus. & Prof.
Code 6068(b).) District Attorney employees must also take care when posting
comments about other parties in the criminal justice system, including defense
attorneys, bench officers and law enforcement agencies. District Attorney
employees must treat witnesses and parties with courtesy and respect, even during
non-working hours. (See PPH 7.15.00; Bus. & Prof. Code 6068(b); LPM 24.01;
See also PPH 13.05.00,8.00.00.)
Starting in July of2011, every employee was required to complete the Los
Angeles County Policy of Equity which prohibits "discrimination, unlawful
harassment, retaliation, and inappropriate conduct toward others based on a
protected status in the work place or in other work-related settings." Postings to
blogs, websites, etc., under certain circumstances, may constitute a violation of
the Policy of Equity and may subject the employee to discipline. All District
Attorney employees are bound by the Policy of Equity. (See Personnel Policies
Memorandum 11-04.)
C.

Keep confidential information confidential.

District Attorney employees may not reveal confidential information, including
information regarding any criminal case or law enforcement investigation on
either closed or open cases on any social media site or by mass dissemination via
any means of electronic distribution (e.g., Twitter). (PPH 7.12.00, Bus. & Prof.
Code section 6068(e).)
Caution should be exercised when using WiFi without an office-issued VPN
(Virtual Private Network) at a library, coffee shop, or even in the courthouse.
These networks may not be secure and your information could be subject to
interception.
Digital communication (e-mail, text messages, etc.) between employees and
witnesses, including victims and investigators, is always retrievable and may be
subject to discovery through Penal Code section 1054 et seq. and/or a Public
Records Aet request. Such communication should be limited to matters
concerning scheduling and other logistics, rather than substantive, case-related
conversations. (See GOM 11-053.)

D. Remember rules regarding pretrial publicity.

District Attorney employees are obligated to follow State Bar rules regarding
pretrial publicity when posting on social media sites. (See CA Rules of Prof.
Conduct, Rule 5-120; Media Relations Poliey; LPM 25.03; See also PPH

Case 8:13-cv-03059-GJH Document 346-1 Filed 02/12/16 Page 4 of 6

13.05.00,8.00.00
Prof. Conduct].)

[employees may be disciplined for not complying with Rules of

District Attorney employees subject to a "gag order" from the court may not post
anything regarding that specific case on the internet while thc order is in cffect.
Failure to adhere to the provisions of the "gag order" may lead to sanctions by the
court and discipline by the District Attorney's Omce. Note that gag orders
typically extend to iill employees of the District Attorney's Omce.
E.

Deputies must investigate ethically.

Social media sites may provide valuable infornlation to deputy district attorneys
during the invcstigation or pendency of their cases. However, deputies must not
violate ethical standards in their use of social media for investigative purposes.
Deputies are not pennitted to use a ruse or false profile to "friend" a potential
defense witness, defendant, or juror. (See the Sixth and Fourth Amendments of
the United States Constitution; San Diego County Bar Assoc. Legal Ethics
Opinion 2011-2 [interpreting California Rule of Professional Conduct 2-100];
Office ofLmvyer Regulation v. Hurley (2/1112009) 2007AP478-D (Supreme
Court of Wisconsin); In the Matter of Poulter (Colo. 2002) 47 P.3d 1175 [DDA
impersonating a deputy public defender]; NY State Bar Assoc. Comm. on
Professional Ethics 402 (1975).)

III. Social Media Best Practices

Following are suggested best practices for use of social media sitcs by District Attorney
employees:

Ensure that your privacy settings are as restrictive as possible. Review these
settings regularly, as social media sites are continuously evolving thcir user
account defau It security settings.

Enable HTTPS (Hypertext Transfer Protocol Secure). HTl'PS provides

authentication between the web site and the web server and encryption of
communications. Activating HTTPS is one of the best things you can do to
enable secure browsing and minimize your account from being compromised.
Most social media sites and major personal e-mail services have a setting under
Account Security/Secure Browsing.

For your security, be careful when identifYing yourselfas

employee on a social networking site.

Regularly screen postings to your blog or social media site to make sure that
there are no postings that would cause embarrassment to you or anyone else,
including co-workers, or put you in danger.

a District Attorney

Case 8:13-cv-03059-GJH Document 346-1 Filed 02/12/16 Page 5 of 6

Always consider the possibility that information posted on the internet may
become accessible to unintended viewers.

Remember that members of the defense and media increasingly use the internet
to investigate the personal lives of adverse parties and witnesses, including
prosecuting attorneys.

All employees should assume their speech and related activities on social media
sites will reflect upon this office. Do not post anything on the internet that you
would not want to read on the front page of the newspaper under your byline.

Content posted on the internet is public and permanent.

Use common sense before posting information about promotional exams,

transfers, personnel issues, and other office-related subjects.

When in doubt, seek guidance from your supervisor or the Professional

Responsibility Committee.

Case 8:13-cv-03059-GJH Document 346-1 Filed 02/12/16 Page 6 of 6

Glossarv

B10g - Website where entries are commonly displayed in reverse chronological order.
can also be used as a verb, meaning to maintain or add content to a blog.

"Bloo"

"

Facebook - A social networking website where users can add "friends" and send them
messages and update their personal profiles to notifY friends about themselves. (Sec "Friend"
below.)
Follow/Following - A term used on "Twiner" when following the "tweet" or message of the
user. (See "Twitter" below.)
FriendlFriending

- The term used when adding an associate on Facebook to your network.

Like - A term used on Faeebook to give positive feedback or to connect with content you
endorse. You can "like" content that your friends post or pages that you want to connect with
on Facebook.
Online Identity - An online identity or persona is a social identity that an internet user
establishes in online communities and websites.
Social Bookmarks
pages.

- A method for internet users to store, search, organize and share web

Social Media - The tool set (including blogs) which people can use to publish content to the
web. This can include audio, video, photos, texts, files, etc.
Social Networking - A term for the tools and platforms used to publish, converse and share
content online. The tools include blogs, "wikis," pod casts, and sites to share photos and
bookmarks.
Twitter - Twitter is a social networking and microblogging service that enables its users to
send and read messages known as "Tweets." Tweets are text-based posts of up to 140
characters displayed on the author's profile page. They are visible to the public and also
delivered to the author's subscribers who are known as "followers."
Virtual Private Network (VPN) - Allows a private network, such as Lotus Notes or
LADAnet, to bc remotely connected over the internet. VPNs allow only authenticated remote
access and use encryption to provide security.
Wikis - A website developed collaboratively
add or edit content.

by a community of users, allowing any user to