IMPORTANT UPDATE: Caution: Solicitations for “SORNA Compliance and Opinion Survey”
This morning we posted the below message. It didn’t take long for us to discover that the “PRIMARY INVESTIGATOR”, Christopher Duszka, Was (at least until recently) a Crime Intelligence Analyst for the Florida Department of Law Enforcement! (see: https://www.linkedin.com/in/christopher-duszka-90738337)
WE ARE WARNING MEMBERS TO NOT PARTICIPATE IN THIS SURVEY!!! Who knows how the information you provide will be used against you by FDLE, who is the defendant in pending registration challenges. At least we know how this snake got everyone’s email addresses!!!
A number of our members have received emails concerning a “SORNA Compliance and Opinion Survey” conducted by someone at Southwestern College in Kansas.
FAC has no information on this “Survey”, but is very curious and concerned about how the survey organizers obtained the email addresses of individuals on the Florida registry. If anyone can simply access our personal email addresses for surveys, marketing, solicitations or any purpose, it’s concerning.
We will dig into this further and advise.
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Why was this not published?
https://www.sckans.edu/undergraduate/political-science/directory/view/1151/
MAIN CAMPUS
Christopher Duszka, Ph.D.
Assistant Professor of Criminal Justice
(620) 229-6213
[email protected]
“Crime intelligence analyst
Florida Department of Law Enforcement
Oct 2018 – Jun 2019 9 months”
So he was with FDLE for only 9 months? I wonder if he quit or was sacked? I’m leaning towards sacked since he bothered to get both a Masters and a PHD in “criminal justice” before joining FDLE. Maybe he was too radical even for FDLE?
Anyone treated unfairly (more so than usual) by FDLE during those 9 months?
This is a sting operation JZ
How can you be sure this is a sting operation? A sting to do what, or catch what, and how? It doesn’t really make sense, just by sending emails?
Nobody is sure but it certainly smells like one. Half the questions ask for admissions of violations. They can pull IP addresses just like they do for all online stings and have people’s admissions. Why would anybody take the chance?
I’m in full compliance with all registry requirements so personally I was gullible to complete to survey. To me some of the questions did seem to vaguely try to get an idea if the registry is punishment or does more harm than good for the Registrant and the community safety. I know very little about the law so I walked into this situation blindly by completing the survey not to mention that I’m new to this FAC forum of one day (yesterday) to which I had already completed the survey. After completing the survey I just googled: Does SORNA cause more harm than good. Which eventually I came across this Forum. But now I’m concerned after you mentioned this could be a sting that somehow or someway this survey could be used against me. How is SORNA not a punishment? If you fail to register one motorcycle, ATV etc on your property or forget about a social media app you once had or even forget a new social media platform that it is a 3rd degree felony? How is that not punishment? I know they have to enforce the SORNA requirements but a 3rd degree felony? I really don’t understand how it’s not unconstitutional or an additional punishment.
I received this email as well. Two questions came to mind: 1. How did someone in Kansas City, let alone Florida acquire my email address when the only time that I have submitted it was during registration and it is not posted on the online registry?, and: 2. How would a survey in Kansas City affect me in Florida when Kansas City has absolutely no jurisdiction in Florida? My reply was a kindly F@#$ You!
He needed a few basic journalism classes before mass submitting this fish wrap survey! Anybody want to talk about leaving a LEA and using information obtained within FDLE to make contact with registrants? Any major Legal issues? Smells like cop stuff..
JEV – TRUE CONFESSIONS
While it is clear that persons have a reasonable expectation of privacy in the contents of an email, there is a possibility that courts may find an invasion of privacy in the releasing of individual’s email address. If this survey was done under the auspices of a public college, than the Fourth Amendment could apply.
It could also be a violation of the Stored Communications Act, 18 USC 121, sec. 2701-2712.
It appears that the Florida Constitution provides for a greater level of protection of privacy than the U.S. Constitution under Article 1, sec. 23. It appears that Florida requires a “compelling state interest” to release the information.
Release of this information could directly conflict with the U.S. Supreme Court’s rulings in Riley v California, 134 S Ct 2473 (2014) and Carpenter v U.S., 138 S Ct 2206 (2018). My guess is, is that Florida registrants have a good invasion of privacy claim. If they prevail on such a claim, they would be entitled to attorney fees. So any funds directed towards this effort will probably be refunded and could be used in any future litigation. Sounds like a good bet to me.
The most important thing for Florida registrants to keep in mind is that they don’t have a reasonable expectation of privacy in information turned over to third parties. In short, any answers provided in this survey can be used in court to convict you. I agree that it is best not to respond to this survey until you know how your answers will be used.
If this pans out to be a viable invasion of privacy claim, I would recommend that Florida registrants pass the hat for a lawsuit and seek competent counsel. This could be a “twofer”. You pay for one lawsuit and get funds for another. Actually, it could set of a chain of lawsuits. As long as you keep getting attorney fees, you can always plow the money into different lawsuits.
I saw this email today in my spam folder. I treated it as such and pressed the delete button. F them.
Your scaring the crap out of us.. you know this survey legit ot not does not constitute specific true information of each case because verification of emails and the person attached to said email cannot be proven. Unless I signed the form my sister could have filled it out! Plus is states information is private.. University Name mentioned so case dismissed!
JEV – TRUE CONFESSIONS
This college is listed as being in Winfield and Wichita, Kansas. There is a Christopher Duszka listed in their faculty directory. If registrant’s email addresses aren’t available via public request, this could form the basis for an invasion of privacy lawsuit on the part of Florida registrants. I have emailed the college and am awaiting a response.
It appears that this college is substantially an online college so Duszka may be operating from Florida.
“It appears that this college is substantially an online college so Duszka may be operating from Florida.” Exactly my thought. Furthermore, why was he only with the FDLE for a few months?
Ugh I jinxed myself I just got the email. I find it odd that a Kansas university would be interested in Florida registrants even if he wasn’t connected to FDLE. I’d reply I don’t live in Florida anymore and stop wasting my time you FDLE hack; but why waste my time. He’s just like the lawyer using the Florida registry as a resume booster.
I received from a few of my emails thought that was something you put out
I would love to see some litigation against them, because this is “theft by fraud” and since this was done via the net, brings in other concerns. If we had a list, like my name for example, then we can cherry pick the court, say the very liberal 9th Circuit Court in San Francisco, California… or if they have Steve’s name, International Court in Germany, that hates the list. We can pick the venue to file the challenge, and I hope this time, it goes for big cash! https://www.bloomberg.com/news/articles/2019-11-23/us-judge-awards-180m-to-post-reporter-held-by-iran-family Maybe 180M per victim of FDLE theft. The way to win, is by sending Florida & Florida Law Enforcement into bankruptcy, just like the ACLU’s case against the KKK.
Any and all litigation costs money, T&S. We have a bunch of really good litigation ongoing right now fighting the registry schemes in various ways. Hundreds of thousands of dollars have been invested. Will you pick up the tab for the law suits you have suggested?