AFTER THEY REMOVED ME FROM THE CLASSROOM ON DECEMBER 7, 2004, WITHOUT TELLING ME WHY, I LEARNED, AT LAST, IN MAY 2007, FROM THE OSI'S REPORT , WHAT CRIME I COMMITTED : "CORPORAL PUNISHMENT AND VERBAL ABUSE" :
CASE #04-8382 :
STUDENT ALLEGED THAT ON DECEMBER 6, 2004, MR. BOUBAKAR [SIC] CALLED HIM "STUPID" AND "CONFUSED".
CASE 04-8383:
STUDENT ALLEGED THAT ON DECEMBER 6,2004, MR. FOFANA THREW A PAPER AT HER WHICH CAUSED A CUT ON HER NOSE.
CASE #04-8385:
STUDENT ALLEGED THAT ON DECEMBER 6, 2004, MR. FOFANA TOLD HER TO 'GET THE HELL" OUT OF THE ROOM. HE ALSO THREW A PAPER AT HER FACE.
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Note that all these alleged incidents took place the same day : December 6, 2004.
They took place in the classrooms, which means at least twenty students could testify in each case, and help the principal resolve the dispute in less than 48 hours, provided he has a modicum of integrity and the willingness to seek the truth. Don't expect that from someone like Michael Wiltshire. The OSI sent an investigator who pulled out 5 students or so from each class and interviewed them. Not a single of them supported the allegations : click here for his full report.
Frustrated that the report virtually exonerated me, the DOE turned itself to my websites to build another phony case. The Special Commissioner of Investigation (SCI), independant only on paper,
broke the law to frame me
by illegally retrieving his students' records, not
from his website, www.teacherabuse.com, as they claim, but from the server that hosts the site, and presented them to chancellor Klein as evidence of "Fofana's violation of students' privacy : Family Educational Rights And Privacy Act (FERPA).
HERE IS THE PROOF THAT THE SCI BROKE INTO THE SERVER HOSTING MY WEBSITE :
SINCE WHEN THE VISITORS OF A WEBSITE HAVE ACCESS TO THE SITE'S DIRECTORIES ? THEY DON'T, UNLESS THEY DO SO ILLEGALLY : RICHARD MARIN, THE DIRECTOR OF THE SCI'S INFORMATION SYSTEMS, BROKE INTO A PRIVATE SERVER AND DOWNLOADED AN ENTIRE DIRECTORY : MCHS (Middle College High School), ITS SUB-DIRECTORIES AND FILES
( SECOND COLUMN BELOW).
THEY PRESENTED THE CONTENTS OF FOLDERS "exams" AND "Mking_Per1_grade_04" (Grades of the first marking period ) AS EVIDENCE THAT I POSTED STUDENTS CONFIDENTIAL RECORDS ON MY WEBSITE ! MARK FUHRMAN HAS DISCIPLES IN THE SCI, INDEED : YOU MAY RECALL THE L.A.'S DETECTIVE WHO TRIED TO FRAME O.J. WITH A GLOVE MOIST WITH BLOOD SEVEN HOURS AFTER THE DOUBLE MURDERS, AND JOHNNIE COCKRAN'S MEMORABLE LINE : "IF IT DOES NOT FIT, YOU MUST ACQUIT."
THE SCI DISCREDITED ITSELF ONCE MORE.
The allegations that sent me to the rubber room take now a tiny part of the formal charges I received last May : my websites www.mathspell.com and www.teacherabuse.com have become the central issue. Distorting the facts, the SCI's report to Chancellor Klein is clearly an attempt to intimidate me into shutting them down.
I am not stupid enough to post students' confidential records on a website. To what purpose ? the files were downloaded from the server, not legitimately from the website postings, made available to the public. Either they did not know that a server records all transactions with outside computers (I doubt it), or they believe the DOE is powerful enough to get away with murder. The server log files of teacherabuse.com revealed 1) the identities of computers someone used to illegally examine directories/sub-directories and retrieve files, from the server ; 2) the size of the files ; 3) the method used -- Google Hacking, i.e. the use of search engine techniques to access unauthorized data stored in private server, a generic term that encompasses the other search engines ( www.yahoo.com, www.msnsearch.com , www.altavista.com, etc...)
Based on such a wealth of information, an expert witness will easily establish the SCI's fraud.
To add insult to injury, stolen data were presented as evidence of my alleged violation of students' privacy-- an abusive use of FERPA to violate my free speech. The theft is possibly amenable to Computer Fraud and Abuse Act ( 18 U.S.C. 1030) or Unlawful Access to Stored Communication (18 U.S.C. 2701).
"Computer hacking is not an acceptable discovery technique. Hacking, for whatever purpose, is unacceptable."
[Scott Christie, a former federal prosecutor who most recently headed the computer hacking and intellectual property unit of the U.S. Attorney's Office in New Jersey.He is currenly representing a plaintiff in a similar case ] |
PARTIAL APRIL 2006 STATISTICS (SERVER LOG FILES)
SIZES OF FILES ILLEGALLY RETRIEVED IN APRIL 2006 BY THE SCI
|
# |
Hits |
Files |
KBytes |
Visits |
Hostname |
1 |
2167 |
37.71% |
2058 |
44.46% |
112611 |
45.15% |
7 |
0.91% |
216-136-47-235.gen.twtelecom.net |
2 |
128 |
2.23% |
79 |
1.71% |
4029 |
1.62% |
43 |
5.56% |
msnbot.msn.com |
3 |
120 |
2.09% |
87 |
1.88% |
8859 |
3.55% |
5 |
0.65% |
165.155.144.5 |
4 |
105 |
1.83% |
82 |
1.77% |
7108 |
2.85% |
3 |
0.39% |
165.155.112.1 |
5 |
104 |
1.81% |
100 |
2.16% |
15944 |
6.39% |
2 |
0.26% |
165.155.144.4 |
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|
|
|
|
|
|
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10-digit ID under "Hostname" refers to the computer from which files, not made available to the public, were illegally downloaded.
To identify the owner of a hostname, go to the database WHOIS and type the ID
(e.g. 165.155.144.5 ) into the search engine field
: http://www.whois.sc/
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DATA THEFT METHOD : GOOGLE-HACKING
It consists of using advanced search engine techniques to retrieve data non posted, and residing in a private server, which is theft. The chart below shows a sample of the string of words put into the search engine to extract information from www.teacherabuse.com.
I found string # 17, the culmination of this fishing expedition, particularly sick.
# |
Hits |
Search String |
|
|
|
|
1 |
14 |
9.33% |
teacher abuse |
2 |
12 |
8.00% |
www.teacherabuse.com |
3 |
8 |
5.33% |
dr wiltshire |
4 |
8 |
5.33% |
teacherabuse.com |
5 |
5 |
3.33% |
dr. wiltshire |
6 |
5 |
3.33% |
michael wiltshire |
7 |
5 |
3.33% |
nyc teacher suspended |
8 |
4 |
2.67% |
dr. michael wiltshire |
9 |
4 |
2.67% |
dr.wiltshire |
10 |
4 |
2.67% |
incompetent principals |
11 |
4 |
2.67% |
teacher abuse in nyc public schools |
12 |
4 |
2.67% |
www.teacherabuse.com/mchs/htm_documents/bouncing |
13 |
2 |
1.33% |
dr.michael wiltshire |
14 |
2 |
1.33% |
false accusations against teachers |
15 |
2 |
1.33% |
middle college high; fofana |
16 |
2 |
1.33% |
nyc teachers removed from classrooms |
17 |
2 |
1.33% |
pictures of sexual harassment victims |
18 |
2 |
1.33% |
principal wiltshire firing teachers |
19 |
2 |
1.33% |
teacherabuse.com/mchs/htm_documents |
20 |
2 |
1.33% |
www.teacherabuse.com/mchs/htm_documents |
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