The legal process is still on-going, but we did want to give a quick update on what is happening (people understandably continue to inquire) and where we are at in the process -- because it does in fact -- involve all of you as well.
This is about the subpoena that the Roloffs issued to Google Inc regarding wanting the personal and private information of all that have contributed to Spiritswander. Here is the original article and subsequent article after people offered to contribute.
We did file the Motion to Quash the subpoena with U.S District Court within all the stated deadlines that we were given. Google Inc. has given their assurance that they will not release any information responsive information regarding the subpoena until there is a final decision rendered by the judge.
The attorney working for Matthew J Roloff and Amy J Roloff exercised their right to oppose our Motion to Quash. We had a chance to respond to their opposition of our Motion to Quash by Jan 30th and we have done that.
One of the things that has become crystal clear out of this whole process? Remember how Matt or Amy used to occasionally reference in a comment or an interview once in a while, that they paid no attention to bloggers? And most of us dismissed the Roloffs as being untruthful because it was rather obvious that they did in fact pay close attention to Spiritswander and all that commented because of the number of times they would reference discussions were were having or our article topics. Well, I would say that our conclusions are certainly true. I think one would say that the Roloffs are rather obsessed with the Spiritswander site. To such a degree, that I think most of you would be shocked. Not only are the Roloffs aware of the site and the articles, but the Roloff family analyze hundreds upon hundreds of your comments. Counsel working for the Roloffs have entered hundreds of the Spiritswander Blog reader's comments into official court documents.
To clarify something that some of our readers were debating when we first mentioned the subpoena. This subpoena is not only requesting the personal and private information about myself, Spiritswander and my email address. It is not just about Guest Reviewer Rap541. In fact, Rap541's name was not singled out, but other posters screen names were mentioned by the Roloffs and their counsel.
Matt and Amy Roloff indeed are demanding in the subpoena, access to the personal and private identifying information of anyone and every one that has ever submitted a comment to the Spiritswander Blog since its inception 4 years ago. There are approximately 700 Blog articles, items and entries in that 4 year span. Many of the items contain hundreds of comments.
If Matthew J Roloff and Amy J Roloff are successful with the subpoena, they will be handed the personal and private information of hundreds, perhaps thousands of individuals.
We of course think this is outrageous, unlawful and gross violation of hundreds of persons rights. We are fighting the subpoena, not only for ourselves, but on the behalf of everyone whose personal and private information would be given to Matt and Amy Roloff.
The basis of the Roloffs legal argument -- which we still feel is disingenuous -- now seems to be that they claim that they think some of the comments on the blog are so knowledgeable and insightful, that they must have come from Washington County employees. We respectfully point out that the one item we have from Washington County is clearly identified as a statement from Washington County and there is no need to trample on the rights of hundreds of people to know that statement came from Washington County (whom the Roloffs are suing, ironically, claiming they violated their rights...) as a public statement. However, the Roloffs are arguing that because they want to know if one or two Washington County Employees have ever anonymously commented on the case, that they must be granted all of my personal and private information as well as information about my email and that of every person that has ever submitted a comment on the blog in the 4 year existence of this Blog.
We still believe this is a clear abuse of the process and have noted that on Nov 29, 2011 we received a series of menacing, very threatening comments claiming to be a close Roloff Family friend and a business associate. The individual vowed that they would track me down and used the term that they were "Hunting Spiritswander". While it cannot be concluded that the person making the threatening comments was the individual they were claiming to be, we believe that it does give reason to be suspicious of the Roloffs and their friends when you consider that 7 days after someone vowed that they would "Find" me!" and stated that they were "HuntingSpiritswander" that the Roloffs filed for this subpoena on or about December 6th, 2011 requesting my personal information . We have raised this concern with the court that they should not take this issue lightly as this information could be used to harass, stalk or other forms of threatening behavior.
We believe the Roloffs are clearly abusing the subpoena process and entered into court documents Matt Roloff's "tweet" where he stated that the act of subpoenaing Google was "probably the funnest thing [he] has ever done in life" which we believe raises great concerns that Matt is playing games with the process by issuing patently overbroad subpoena requests.
We will have a full, detailed report of this entire process when it is eventually concluded, but for now, we did want to inform all of you what was happening, because the Roloffs are attempting to infringe on your rights as well.
Thank you to all that have offered their various forms of support.