Newsflash! Concerning 'Legal Action' Threats From Marshall Koniuchowsky Also Known as Moshe Koniuchowsky

Allow me to clarify, I am not one of YourSafety.ca's clients. They post information to inform and help people protect themselves on the internet and also to protect oneself from identity theft. I provided that information to help people understand why I do not give out my home address or telephone number and why they should not ask for it. Especially considering the threats that I have put up with from some people.

Being that Marshall Koniuchowsky made such a huge fuss over his name being Moshe Koniuchowsky, it seemed important to validate his unverified 'documentation,' which included sworn statements about his name, drivers license and birth certificate to the internet on his own website. That 'documentation' included such as the unsigned 'affidavit' generated upon advice of "counsel Shawn Talbot Rice Ovs, Phoenix Arizona."

Showing the statements to be false via public domain information and legal documents signed by Marshall Koniuchowsky, and posted by the officials of Florida which anyone can access, hardly seems to be an issue to be concerned about, aside from his stating his real name was Moshe Koniuchowsky--all of which was sworn to. In speaking with Kathryn Kern, who has also researched Marshall Koniuchowsky and who is being asked to have a truce with him, she noted that Marshall has never asker her to remove the address information and she has the complete Dade County and other records in full on her website.

His statement is that if she did not comply with his requests for the truce and his claim that she changed her pages about him, he would deal with her in similar fashion. Apparently that would include threatening my domain name Registrar with lawsuit, and his statement to them, "

It should be noted that in Canada, domain name Registrars have nothing to do with the websites. Koniuchowsky was directed by my Domain Name Registrar to contact me directly, which he has never had the gumption to do, prior to this threat. If it was illegal to post addresses on non-commercial websites, shouldn't Mr. Koniuchowsky be contacting the Florida State websites that have posted that information as in the public domain information?

Mr. Koniuchowsky should learn some self-control and what the term slander means--or perhaps the term 'lashon hara' will be a reminder to him. I am growing rather weary of being called an anti-semite by people like Moshe Koniuchowsky. I have enough Jewish friends who can easily refute those empty and hollow accusations.

It would be helpful to have Mr. Koniuchowsky clarify his position with Corporation Sole and Shawn Talbot Rice, who is not a lawyer if one checks with the Florida and Arizona Bar Association, but takes position of 'legal counsel" in both those states.

I received a letter from Shawn Rice, Ovs awhile ago. It was actually a forward from Marshall Koniuchowsky and included some part of the Florida State Constitution, with the implication being I was in violation of Florida State Commercial Law. I did not respond because it was absolute foolishness:

The box below contains all the law information that was also in the email, which contains information on Corporate Law in Florida, which has absolutely nothing to do with me.

I am not a commercial venture. I make no money nor sell any of the information from or on my website. I do not ask for money whatsoever. I report information as I research it, with full documentation, including firsthand documentation where possible. In fact, even if I was commercial, which I am not, in the above 'Florida Constitution, it state's the Commercial Law does not apply to, "(3) The provisions of this section shall not apply to:

I wonder how many have ever asked what the Society of the Israelite Mosaic Paternal Ethic/Fellowship of Ephraim, or SIMPE is? How many have asked what Corporation Sole really means?

Regardless. In consideration for the actual address not being necessary to show Moshe Koniuchowsky signed a legal document as Marshall Koniuchowsky with said proof being his drivers license, although he states his drivers license does not show Marshall--I will remove the house number from the article Marshall Koniuchowsky & Moshe Koniuchowsky >http://www.seekgod.ca/kon2.htm

Make no mistake, this is not a response to being threatened again. This is considering what is necessary to prove deception or inaccuracies, and is also in consideration of his family.

1 Thessalonians 5:21 Prove all things; hold fast that which is good.
22 Abstain from all appearance of evil. [KJB]

CONSTITUTION
OF THE
STATE OF FLORIDA

AS REVISED IN 1968 AND SUBSEQUENTLY AMENDED

SECTION 23. Right of privacy.--Every natural person has the right to be let alone and free from governmental intrusion into the person's private life except as otherwise provided herein. This section shall not be construed to limit the public's right of access to public records and meetings as provided by law.

History.--Added, C.S. for H.J.R. 387, 1980; adopted 1980; Am. proposed by Constitution Revision Commission, Revision No. 13, 1998, filed with the Secretary of State May 5, 1998; adopted 1998.

The 2004 Florida Statutes

Title XXXIII

REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS Chapter 540

COMMERCIAL DISCRIMINATION View Entire Chapter

540.08 Unauthorized publication of name or likeness.--

(1) No person shall publish, print, display or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, portrait, photograph, or other likeness of any natural person without the express written or oral consent to such use given by:

(a) Such person; or

(b) Any other person, firm or corporation authorized in writing by such person to license the commercial use of her or his name or likeness; or

(c) If such person is deceased, any person, firm or corporation authorized in writing to license the commercial use of her or his name or likeness, or if no person, firm or corporation is so authorized, then by any one from among a class composed of her or his surviving spouse and surviving children.

(2) In the event the consent required in subsection (1) is not obtained, the person whose name, portrait, photograph, or other likeness is so used, or any person, firm, or corporation authorized by such person in writing to license the commercial use of her or his name or likeness, or, if the person whose likeness is used is deceased, any person, firm, or corporation having the right to give such consent, as provided hereinabove, may bring an action to enjoin such unauthorized publication, printing, display or other public use, and to recover damages for any loss or injury sustained by reason thereof, including an amount which would have been a reasonable royalty, and punitive or exemplary damages.

(3) The provisions of this section shall not apply to:

(a) The publication, printing, display, or use of the name or likeness of any person in any newspaper, magazine, book, news broadcast or telecast, or other news medium or publication as part of any bona fide news report or presentation having a current and legitimate public interest and where such name or likeness is not used for advertising purposes;

(b) The use of such name, portrait, photograph, or other likeness in connection with the resale or other distribution of literary, musical, or artistic productions or other articles of merchandise or property where such person has consented to the use of her or his name, portrait, photograph, or likeness on or in connection with the initial sale or distribution thereof; or

(c) Any photograph of a person solely as a member of the public and where such person is not named or otherwise identified in or in connection with the use of such photograph.

(4) No action shall be brought under this section by reason of any publication, printing, display, or other public use of the name or likeness of a person occurring after the expiration of 40 years from and after the death of such person.

(5) As used in this section, a person's "surviving spouse" is the person's surviving spouse under the law of her or his domicile at the time of her or his death, whether or not the spouse has later remarried; and a person's "children" are her or his immediate offspring and any children legally adopted by the person. Any consent provided for in subsection (1) shall be given on behalf of a minor by the guardian of her or his person or by either parent.

(6) The remedies provided for in this section shall be in addition to and not in limitation of the remedies and rights of any person under the common law against the invasion of her or his privacy.

History.--s. 1, ch. 67-57; s. 751, ch. 97-103.

The 2004 Florida Statutes

Title XIX

PUBLIC BUSINESS Chapter 282

COMMUNICATIONS AND DATA PROCESSING View Entire Chapter

282.318 Security of data and information technology resources.--

(1) This section may be cited as the "Security of Data and Information Technology Resources Act."

(2)(a) The State Technology Office, in consultation with each agency head, is responsible and accountable for assuring an adequate level of security for all data and information technology resources of each agency and, to carry out this responsibility, shall, at a minimum:

1. Designate an information security manager who shall administer the security program of each agency for its data and information technology resources.

2. Conduct, and periodically update, a comprehensive risk analysis to determine the security threats to the data and information technology resources of each agency. The risk analysis information is confidential and exempt from the provisions of s. 119.07(1), except that such information shall be available to the Auditor General in performing his or her postauditing duties.

3. Develop, and periodically update, written internal policies and procedures to assure the security of the data and information technology resources of each agency. The internal policies and procedures which, if disclosed, could facilitate the unauthorized modification, disclosure, or destruction of data or information technology resources are confidential information and exempt from the provisions of s. 119.07(1), except that such information shall be available to the Auditor General in performing his or her postauditing duties.

4. Implement appropriate cost-effective safeguards to reduce, eliminate, or recover from the identified risks to the data and information technology resources of each agency.

5. Ensure that periodic internal audits and evaluations of each security program for the data and information technology resources of the agency are conducted. The results of such internal audits and evaluations are confidential information and exempt from the provisions of s. 119.07(1), except that such information shall be available to the Auditor General in performing his or her post auditing duties.

6. Include appropriate security requirements, as determined by the State Technology Office, in consultation with each agency head, in the written specifications for the solicitation of information technology resources.

(b) In those instances in which the State Technology Office develops state contracts for use by state agencies, the office shall include appropriate security requirements in the specifications for the solicitation for state contracts for procuring information technology resources.

History.--ss. 1, 2, 3, ch. 84-236; s. 28, ch. 87-137; s. 1, ch. 89-14; s. 7, ch. 90-160; s. 13, ch. 91-171; s. 234, ch. 92-279; s. 55, ch. 92-326; s. 22, ch. 94-340; s. 863, ch. 95-148; s. 131, ch. 96-406; s. 15, ch. 97-286; s. 25, ch. 2000-164; s. 26, ch. 2001-261.