The Smoking Gun:
A federal judge today gave the green light to the so-called D.C. Madam to distribute phone records that contain the numbers of her upscale and connected clientele. In a ruling filed in U.S. District Court in Washington, D.C., judge Gladys Kessler vacated two previous orders that barred veteran pimp Deborah Palfrey, 51, from selling or distributing a decade's worth of phone records for Pamela Martin & Associates, the escort service Palfrey founded in 1993 and ran for 13 years.
Now tell me this country doesn't have a problem with activist judges. Two rulings upheld the rule of law, but judge Kessler vacated both of them in favor of her personal opinion.
"The records are Palfrey's own property and not the subject of a government forfeiture action. As such, Kessler ruled, she was not going to take the "extraordinary step of freezing the personal property of an individual, not yet convicted of any crime, and barring her from giving away that property."
WRONG! The records are NOT Palfrey's personal property, and US privacy laws have made that extremely clear.
No business is allowed to compromise the privacy of their clients ... period, end of story. The law is FACTA, and I wrote about it here. Any records obtained by a business that can be used to compromise a person's identity must be protected at all costs. This includes social security numbers, addresses, email, names, and phone numbers. Palfrey is not allowed to violate federal law to distribute this information, and she is required by FACTA to destroy it beyond the point of reconstruction if she were to throw it away. The same is true of every business in the United States.
Judge Kessler has just made an illegal ruling, and has given the go ahead for Palfrey to break the law.