Friday, September 30, 2016

Letter to CAI CEO Thomas Skiba on 1st Amendment and cybersecurity risks of Central Arizona CAI web site

Quote of the day:
     "I can be your best friend or your worst enemy - take your pick!"
          - A US Marine
************************************
Mr. Thomas Skiba
Community Associations Institute
Chief Executive Officer
6402 Arlington Blvd., Suite 500
Falls Church, VA 22042

Dear Mr. Skiba
I am writing to you as the CEO of the Community Associations Institute. Because you have a renegade Chapter here in Arizona which needs some help. If this pattern is repeated elsewhere, it would appear your whole organization needs some help and attention.
I just received the unsigned letter attached from the Board of Directors of the CAI Central Arizona Chapter of which I’m a fully paid up member. Click HERE . It threatens “action”.  As two of the Directors are attorneys, I must assume they meant that as a threat, as it is a legally defined term in Arizona law. Their Social Media Policy referred to is a constitutional constraint running directly counter to the First Amendment.   
The postings referred to are factual. To the extent any of your members have been decried in public, it is with just cause. A large part of the industry are hardworking contractors and supplier. But attorneys, management companies, banks, realtors, insurers and other professional advisers are fair game if their practices do not meet standards. And the financial cost in 2008 to the FDIC in Arizona alone from two banks closely associated with your industry (First National Bank of Arizona & Desert Hills) cost the taxpayer almost $968 million. That’s hardly minor and the result of ongoing practices which urgently need legislative and regulatory action.
The blog as it clearly states has a purpose in effecting legislative change. As such it clearly falls within the definition of the Arizona anti-SLAPP statute in ARS 12.752 Click HERE. Having won the first right to petition anti-SLAPP case in California in 2004, rest assured I’m very comfortable that it protects not just my blog, but any individual seeking legislative or administrative relief. See below which defines the right of petition:
12-751. Definitions
In this article, unless the context otherwise requires:
1. "Exercise of the right of petition" means any written or oral statement that falls within the constitutional protection of free speech and that is made as part of an initiative, referendum or recall effort or that is all of the following:
(a) Made before or submitted to a legislative or executive body or any other governmental proceeding.
(b) Made in connection with an issue that is under consideration or review by a legislative or executive body or any other governmental proceeding.
(c) Made for the purpose of influencing a governmental action, decision or result.
2. "Governmental proceeding" means any proceeding, other than a judicial proceeding, by an officer, official or body of this state and any political subdivision of this state, including boards and commissions, or by an officer, official or body of the federal government.
3. "Legal action" means any action, claim, cross-claim or counterclaim for damages that is based on the defendant's exercise of the right of petition.
The letter also infers that emailing has continued after requests to unsubscribe. I have followed the FTC guidelines. I have a system for automatically removing email addresses which, with only one exception, has been rigorously followed. Unfortunately, many do not respond as requested. Their letter also mistakenly assumes where data is collected. Information is readily available on the web. See the attached obtained openly for your Nevada and Pennsylvania Chapter where I’m certainly not a member. Click HERE
More importantly, I’m extremely careful using their site for security reasons. Firstly, I discovered very early on their web site is not encrypted. It is http – not https. More importantly my log in details eventually allocated to me after a long wait were my email address as user name and password as WELCOME. Frankly that's stupid because people rarely change their passwords enough. To test it I used a few email addresses for CAI members known publicly and the word WELCOME. See the photos of the CAZ web page in May after I logged in for Messrs. Bolen, Hazlewood, Ekmark, Carpenter of Carpenter Hazlewood, and May and Thomas of Amcor. Click HERE They had never changed their passwords and have been members for years.
Frankly, in my opinion neither Mr. Bolen or any of them are the brightest light bulbs on the Christmas tree. But he’s been President of the Chapter and they are now throwing darts at – ME?  They are abusing members’ information as the Media Guidelines also state:
Confidential Information - You may not disclose any sensitive, proprietary, confidential or financial information about the organization.
Can I please have my money back until they understand cybersecurity? Are you also prepared to do the same for other members who should be indignant?

Sincerely
John Sellers
On behalf of the Arizona Homeowners Forum
CC:
Chapter President, Linda Van Gelder, ALPHA Community Management
Chapter President-Elect, Mark Wade, Leisure World Community Association
Vice – President, Jenna Perkins, CCMC
Chapter Secretary, Toni Rudolph, First Citizens Bank
Chapter Treasurer, Jeff Reynolds, Messina Homeowners Association
Chapter Directors
Augustus Shaw, Shaw & Lines, LLC
Josh Bolen, Carpenter Hazlewood, Delgado & Bolen
Suzanne White, Paramount 911 Restoration and Construction
Martha Bails, Sun City Grand