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A.C.L.U.'s Search for Data on Donors Stirs Privacy Fears
NY Times ^ | Dec 18, 2004 | STEPHANIE STROM

Posted on 12/17/2004 8:57:47 PM PST by Tumbleweed_Connection

The American Civil Liberties Union is using sophisticated technology to collect a wide variety of information about its members and donors in a fund-raising effort that has ignited a bitter debate over its leaders' commitment to privacy rights.

Some board members say the extensive data collection makes a mockery of the organization's frequent criticism of banks, corporations and government agencies for their practice of accumulating data on people for marketing and other purposes.

Daniel S. Lowman, vice president for analytical services at Grenzebach Glier & Associates, the data firm hired by the A.C.L.U., said the software the organization is using, Prospect Explorer, combs a broad range of publicly available data to compile a file with information like an individual's wealth, holdings in public corporations, other assets and philanthropic interests.

The issue has attracted the attention of the New York attorney general, who is looking into whether the group violated its promises to protect the privacy of its donors and members.

"It is part of the A.C.L.U.'s mandate, part of its mission, to protect consumer privacy," said Wendy Kaminer, a writer and A.C.L.U. board member. "It goes against A.C.L.U. values to engage in data-mining on people without informing them. It's not illegal, but it is a violation of our values. It is hypocrisy."

The organization has been shaken by infighting since May, when the board learned that Anthony D. Romero, its executive director, had registered the A.C.L.U. for a federal charity drive that required it to certify that it would not knowingly employ people whose names were on government terrorism watch lists.

A day after The New York Times disclosed its participation in late July, the organization withdrew from the charity drive and has since filed a lawsuit with other charities to contest the watch list requirement.

The group's new data collection practices were implemented without the board's approval or knowledge, and were in violation of the A.C.L.U.'s privacy policy at the time, said Michael Meyers, vice president of the organization and a frequent and strident internal critic. Mr. Meyers said he learned about the new research by accident Nov. 7 in a meeting of the committee that is organizing the group's Biennial Conference in July.

He objected to the practices, and the next day, the privacy policy on the group's Web site was changed. "They took out all the language that would show that they were violating their own policy," he said. "In doing so, they sanctified their procedure while still keeping it secret."

Attorney General Eliot Spitzer of New York appears to be asking the same questions. In a Dec. 3 letter, Mr. Spitzer's office informed the A.C.L.U. that it was conducting an inquiry into whether the group had violated its promises to protect the privacy of donors and members.

Emily Whitfield, a spokeswoman for the A.C.L.U., said the organization was confident that its efforts to protect donors' and members' privacy would withstand any scrutiny. "The A.C.L.U. certainly feels that data privacy is an extremely important issue, and we will of course work closely with the state attorney general's office to answer any and all questions they may have," she said.

Robert B. Remar, a member of the board and its smaller executive committee, said he did not think data collection practices had changed markedly. He recalled that the budget included more money to cultivate donors but said he did not know what specifically was being done.

Mr. Remar said he did not know until this week that the organization was using an outside company to collect data or that collection had expanded from major donors to those who contribute as little as $20. "Honestly, I don't know the details of how they do it because that's not something a board member would be involved in," he said.

The process is no different than using Google for research, he said, emphasizing that Grenzebach has a contractual obligation to keep information private.

The information dispute is just the latest to engulf Mr. Romero. When the organization pulled out of the federal charity drive, it rejected about $500,000 in expected donations. Mr. Romero said that when he signed the enrollment certification, he did not think the A.C.L.U. would have to run potential employees' names through the watch lists to meet requirements.

The board's executive committee subsequently learned that Mr. Romero had advised the Ford Foundation, his former employer, to follow the nation's main antiterrorism law, known as the Patriot Act, in composing language for its grant agreements, helping to ensure that none of its money inadvertently underwrites terrorism or other unacceptable activities. The A.C.L.U., which has vigorously contended that the act threatens civil liberties, had accepted $68,000 from Ford under the new terms by then.

The board voted in October to return the money and reject further grants from Ford and the Rockefeller Foundation, which uses similar language in its grant agreements.

In 2003, Mr. Romero waited several months to inform the board that he had signed an agreement with Mr. Spitzer to settle a complaint related to the security of the A.C.L.U.'s Web site. The settlement, signed in December 2002, required the agreement to be distributed to the board within 30 days, and Mr. Romero did not hand it out until June 2003.

He told board members that he had not carefully read the agreement and that he did not believe it required him to distribute it, according to a chronology compiled by Ms. Kaminer.

Many nonprofit organizations collect information about their donors to help their fund-raising, using technology to figure out giving patterns, net worth and other details that assist with more targeted pitches.

Because of its commitment to privacy rights, however, the A.C.L.U. has avoided the most modern techniques, according to minutes of its executive committee from three years ago. "What we did then wasn't very sophisticated because of our stance on privacy rights," said Ira Glasser, Mr. Romero's predecessor.

Mr. Glasser, who resigned in 2001, said the group had collected basic data on major donors and conducted a ZIP code analysis of its membership for an endowment campaign while he was there. He said it had done research on Lexis/Nexis and may have looked at S.E.C. filings.

Mr. Meyers said he learned on Nov. 7 that the A.C.L.U.'s data collection practices went far beyond previous efforts. "If I give the A.C.L.U. $20, I have not given them permission to investigate my partners, who I'm married to, what they do, what my real estate holdings are, what my wealth is, and who else I give my money to," he said.

On Nov. 8, the privacy statement on the A.C.L.U. Web site was replaced with an "Online Privacy Policy." Until that time, the group had pledged to gather personal information only with the permission of members and donors. It also said it would not sell or transfer information to a third party or use it for marketing.

Those explicit guarantees were eliminated from the Web site after Mr. Meyers raised his concerns about the new data-mining program at the Nov. 7 meeting.

After learning of Mr. Spitzer's inquiry, the executive committee of the board took up the data-mining issue on Dec. 14. Board members are allowed to listen in on any executive committee meeting, and Mr. Meyers asked the panel to participate in its conference call.

The first item on the agenda was whether he could be on the line. The executive committee voted 9 to 1 to bar him and had a staff member inform him that the meeting was of the board of the A.C.L.U. Foundation, not the group's executive committee, and thus he was excluded.

Mr. Remar, who has been a board member for 18 years, said board members had been asked to leave executive committee meetings during personnel discussions, but Mr. Meyers said it was a first.

Mr. Remar said the data collection efforts were a function of the foundation, and thus the executive committee had met as the foundation board.

But Mr. Romero convened a meeting of the executive committee, and Mr. Spitzer's letter was addressed to the A.C.L.U., with no mention of the foundation.

Mr. Meyers said his exclusion raises a profound issue for other board members. "Their rationale for excluding me implicitly means that they can't share anything with the board, but the board as a whole has fiduciary responsibilities," he said. "How can board members do their duty if information is withheld from them?"


TOPICS: Breaking News; Front Page News
KEYWORDS: aclu; donors; mediawingofthednc; napalminthemorning; partyofthehindparts; privacy; rathergate; rattricks; religionofpeace; wot
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1 posted on 12/17/2004 8:57:47 PM PST by Tumbleweed_Connection
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To: Tumbleweed_Connection
The American Civil Liberties Union is using sophisticated technology to collect a wide variety of information about its members and donors in a fund-raising effort that has ignited a bitter debate over its leaders' commitment to privacy rights.

The mantra of all Leftists: "Do as I say! Not as I do!"

2 posted on 12/17/2004 8:59:12 PM PST by Prime Choice (Merry Christmas and a Happy New Year! ...And no, my powers can only be used for Good.)
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To: Tumbleweed_Connection

BWAHAHAHAHA!!

The ALCU is hoisted on it's own petard. Lovely!!

I am ROFL.


3 posted on 12/17/2004 8:59:54 PM PST by exnavychick (Just my two cents, as usual.)
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To: Tumbleweed_Connection

I wonder who is paying for this????????


4 posted on 12/17/2004 9:02:15 PM PST by marmar (Faith is a beautiful thing.....)
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To: Tumbleweed_Connection

Can you say Hypocrisy?


5 posted on 12/17/2004 9:03:33 PM PST by Rockitz (After all these years, it's still rocket science.)
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To: Tumbleweed_Connection

What I don't see brought out is that these database marketing firms can do a 'negative search' deleting their known donors and members to identify other prospects--and do opposition research on their known or prospective enemies. I know about this, having owned a small firm years ago that pioneered in the field....


6 posted on 12/17/2004 9:09:15 PM PST by The Spirit Of Allegiance (REMEMBER THE ALGOREAMO--relentlessly hammer on the TRUTH, like the Dems demand recounts)
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To: Tumbleweed_Connection

For a detailed look at the ACLU, go HERE;

http://www.charitynavigator.org/index.cfm/bay/search.summary/orgid/3247.htm


7 posted on 12/17/2004 9:10:35 PM PST by litany_of_lies
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To: Tumbleweed_Connection

~snicker


8 posted on 12/17/2004 9:11:19 PM PST by Drango (Those who advocate robbing (taxing) Peter to pay Paul...will always have the support of Paul.)
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To: Tumbleweed_Connection

Liberals make rules for the rest of us. They don't live by their own rules. What the ACLU is doing is completely in character with the conduct of the modern Left.


9 posted on 12/17/2004 9:14:05 PM PST by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Tumbleweed_Connection
The issue has attracted the attention of the New York attorney general, who is looking into whether the group violated its promises to protect the privacy of its donors and members.

Silly fool .... you only have rights if the ACLU allows you to have them

10 posted on 12/17/2004 9:14:12 PM PST by Mo1 (Should be called Oil for Fraud and not Oil for Food)
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A merikan C ommunist L osers U nion. What a large grouping of pig dung....


11 posted on 12/17/2004 9:17:40 PM PST by 383rr (Those who choose security over liberty deserve neither-)
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To: Tumbleweed_Connection; wardaddy; Joe Brower; Cannoneer No. 4; Criminal Number 18F; ...

From time to time, I’ll post or ping on noteworthy articles about politics, foreign and military affairs. FReepmail me if you want on or off my list.

This is rich!


12 posted on 12/17/2004 9:26:52 PM PST by neverdem (May you be in heaven a half hour before the devil knows that you're dead.)
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To: Tumbleweed_Connection

Hmmmmm? More of the left's - do as we say - not as we do!


13 posted on 12/17/2004 9:28:03 PM PST by CyberAnt (Where are the dem supporters? - try the trash cans in back of the abortion clinics.)
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To: Tumbleweed_Connection
The organization has been shaken by infighting since May

This was the most promising part of the whole article.

14 posted on 12/17/2004 9:31:16 PM PST by jwalburg (Those buried included children still clutching toys)
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Comment #15 Removed by Moderator

To: Tumbleweed_Connection

One of my Law Professors said that she would give us an Afor the course if we would send in our applications to become members of the

All Communist Lawyers United

I refused and got a B, but saved myself the $120.00 Student membership fee, I feel like I made out on that one.


16 posted on 12/17/2004 9:33:35 PM PST by weshess (I will stop hunting when the animals agree to quit jumping in front of my gun to commit suicide)
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To: Tumbleweed_Connection

I thought these idiots claimed to be for civil rights, including right to privacy. Typical liberal hypocrits.


17 posted on 12/17/2004 9:35:16 PM PST by superskunk (Quinn's Law: Liberalism always produces the exact opposite of it's stated intent.)
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To: Tumbleweed_Connection

I wonder if the ACLU could figure out how to sue itself?


18 posted on 12/17/2004 9:37:04 PM PST by microgood
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To: weshess

I believe that what this prof. did was unethical and possibly illegal. Have you filed any type of action?


19 posted on 12/17/2004 9:37:10 PM PST by superskunk (Quinn's Law: Liberalism always produces the exact opposite of it's stated intent.)
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To: Tumbleweed_Connection
Hypocrisy and secret meetings from the left? I could have never imagined it was possible.
20 posted on 12/17/2004 9:46:20 PM PST by Texas_Jarhead (I believe in American Exceptionalism! Do you?)
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To: Tumbleweed_Connection

By their fruits ye shall know them....


21 posted on 12/17/2004 9:51:01 PM PST by srm913
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To: Tumbleweed_Connection
[The American Civil Liberties Union is using sophisticated technology to collect a wide variety of information about its members and donors in a fund-raising effort that has ignited a bitter debate over its leaders' commitment to privacy rights.]

Lordy, they may "get it" after all!

What happens, in the end, with "free speech for me, and not for thee"?

And, what happens to the "useful idiots" after their usefulness has expired?

And, what about "all animals are equal. Except that some animals are more equal than others."?

And, after all, what about the 100 million who were slaughtered by the communists from 1900 to 1999? A few eggs?

Will these fools will ever learn? Or will natural selection take it's course?

22 posted on 12/17/2004 9:53:17 PM PST by Mad_Tom_Rackham (Time to let slip the dogs...)
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To: Mad_Tom_Rackham

Or will natural selection take it's course?


Funny thing about the left. Darwin never said that we evolved from apes or that there was no God. The liberals put those words in his mouth. He merely suggested that certain species have evolved along certain lines. Of course, why wouldn't God make his creatures adaptable?

They just don't get it.


23 posted on 12/17/2004 10:06:17 PM PST by superskunk (Quinn's Law: Liberalism always produces the exact opposite of it's stated intent.)
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To: weshess

If political diversity measures ever come to your college, this prof deserves the ax first.


24 posted on 12/17/2004 10:06:39 PM PST by jwalburg (Those buried included children still clutching toys)
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To: weshess
One of my Law Professors said that she would give us an A for the course if we would send in our applications to become members of the All Communist Lawyers United

Give ue that Prof's full name and title and the university, please, so we can spread the word, name names and kick butt about this Marxist grade-extortion!
25 posted on 12/17/2004 10:07:18 PM PST by The Spirit Of Allegiance (REMEMBER THE ALGOREAMO--relentlessly hammer on the TRUTH, like the Dems demand recounts)
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To: jwalburg

That prof deserves the ax regardless of political diversity.


26 posted on 12/17/2004 10:07:56 PM PST by superskunk (Quinn's Law: Liberalism always produces the exact opposite of it's stated intent.)
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To: microgood
I wonder if the ACLU could figure out how to sue itself?

You may be on to something here. Isn't this how Dr. Spock solved the problem of a computer that was too smart for it's own good in the Star Trek episode, "The Ultimate Computer?" As I recall the crew was able to regain control of the Enterprise by putting the computer in an infinite loop. Possibly the ACLU could be set on the same course? Recommend this strategy be pursued aggressively.

27 posted on 12/17/2004 10:08:39 PM PST by Rockitz (After all these years, it's still rocket science.)
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To: superskunk

True.


28 posted on 12/17/2004 10:09:46 PM PST by jwalburg (Those buried included children still clutching toys)
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To: superskunk

Yes.


29 posted on 12/17/2004 10:10:01 PM PST by Mad_Tom_Rackham (Time to let slip the dogs...)
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To: weshess

There is a website where you can post complaints against activist profs. who abuse their positions, but I forget the name of it.

When you post, the prof. is alerted and given the opportunity to rebut the complaint. Very few bother. It could become a great research tool for students and parents.


30 posted on 12/17/2004 10:13:15 PM PST by superskunk (Quinn's Law: Liberalism always produces the exact opposite of it's stated intent.)
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To: Tumbleweed_Connection
A day after The New York Times disclosed its participation in late July, the organization withdrew from the charity drive and has since filed a lawsuit with other charities to contest the watch list requirement.

What does this mean?

31 posted on 12/17/2004 10:18:07 PM PST by Lancey Howard
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To: All
I exchanged emails with a liberal columnist awhile back over the issue of conservatives being under represented in academia. He suggested a conservative quota. I told him, while his intentions my be good, quotas just create a 'victim class' and that we should just allow everyone to have and express their own opinion without fear of retribution.
32 posted on 12/17/2004 10:19:49 PM PST by superskunk (Quinn's Law: Liberalism always produces the exact opposite of it's stated intent.)
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To: Tumbleweed_Connection

If my understanding is correct, the ACLU could sue itself for this breach of donor privacy and then collect huge attorneys' fees from the taxpayers for instituting a lawsuit which improves the common good (or some such horse manure).


33 posted on 12/17/2004 10:22:12 PM PST by Lancey Howard
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To: Lancey Howard

It refers to the previous paragraph. Something about the ACLU originally agreeing not to hire anyone on the terrorist watch list to participate in a federal fund raising drive. Then in true ACLU fashion, withdrawing and suing over the requirement.

These people are unbelievable!


34 posted on 12/17/2004 10:25:25 PM PST by superskunk (Quinn's Law: Liberalism always produces the exact opposite of it's stated intent.)
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To: Lancey Howard
If they're suing themselves, then the proceeds should go to the GOP!!! NO! Better yet...divide it among Christian and Jewish organizations! That would devastate them!
35 posted on 12/17/2004 10:28:00 PM PST by superskunk (Quinn's Law: Liberalism always produces the exact opposite of it's stated intent.)
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And to the Boy Scouts, too! Can't forget the Scouts!!!!!


36 posted on 12/17/2004 10:30:25 PM PST by superskunk (Quinn's Law: Liberalism always produces the exact opposite of it's stated intent.)
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To: superskunk

Or make them give it to the Boy Scouts.


37 posted on 12/17/2004 10:32:33 PM PST by Lancey Howard
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To: snopercod; joanie-f
The purpose behind Hillary's getting and keeping the F.B.I. files in the White House; the passing of that information to a "database security service" run by an offshoot of the PFAW, et al.
38 posted on 12/17/2004 10:51:19 PM PST by First_Salute (May God save our democratic-republican government, from a government by judiciary.)
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To: Tumbleweed_Connection
"It is part of the A.C.L.U.'s mandate, part of its mission, to protect consumer privacy," said Wendy Kaminer,

Since when has consumer privacy been a part of the destruction of America and all it stands for?

39 posted on 12/17/2004 11:33:03 PM PST by EGPWS
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To: Tumbleweed_Connection

Hypocrisy at its best.


40 posted on 12/18/2004 1:39:43 AM PST by West Coast Conservative
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To: Tumbleweed_Connection
You would like to think that I had learned better, but I have to admit that I am surprised at this hypocrisy on the ACLU's part --- and I already had a very low regard for this group of legal hyaenas whose hypocrisy on the Bill of Rights (and particularly Nadine Strossen's outrageous version) was already plenty evident.

However, considering the vileness of any group that would attack the Boy Scouts of America and engage in this type of friendly research, it makes one wonder if they would not engage in some opposition research in this same manner.

41 posted on 12/18/2004 3:08:02 AM PST by snowsislander
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To: weshess
One of my Law Professors said that she would give us an A for the course if we would send in our applications to become members of the

is there any way at all you can prove that, and maybe get others to testify to it?

sure would be a good start at kicking them off the face of the earth

42 posted on 12/18/2004 3:40:11 AM PST by sure_fine (*not one to over kill the thought process*)
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To: Tumbleweed_Connection

the ACLU only cares about headlines and money...thats about it....I think that it's ultra leftist politics take a backseat to getting press/air/tv time and collecting donations....


43 posted on 12/18/2004 4:26:41 AM PST by MikefromOhio (23 days until I can leave Iraq and stop selling hotdogs in Baghdad....and boycotting boycotts)
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To: Tumbleweed_Connection

A perfect example of "do as we say, not as we do".


44 posted on 12/18/2004 4:30:32 AM PST by Dave278
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To: Tumbleweed_Connection

I don't understand this big hype over privacy. Individuals should be able to contract with any institution to give up any and all of their privacy if they CHOOSE. I would have no problem giving all my personal information to an advertising company so that it could tailor, say, TV ads specifically for me. How much better would that be then watching all this junk! Unlike all these CAlifornia liberals, I'd be willing to have Gmail do the same for my email.

And if someone didn't want to give up their privacy then they shouldn't have to. It is their right. IMO, the ACLU should ask if membership if they are willing to give up certain personal information to aid the organization and, if so, they can do so guilt free. It seems quite simple to me... Am I missing something?

People should be not be forced to give up their privacy and people should not be forced to NOT give up their privacy.


45 posted on 12/18/2004 4:33:06 AM PST by traviskicks (http://www.neoperspectives.com/terrorism.htm)
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To: Tumbleweed_Connection
Let's each sent them a check for 89 cents. It'll cost them about $3 to process it and pollute their data base.

Sometimes I'm just too mean even for me.

46 posted on 12/18/2004 4:44:11 AM PST by muir_redwoods
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To: Tumbleweed_Connection
All animals are equal, but some animals are more equal than others George Orwell, Animal Farm
47 posted on 12/18/2004 5:05:07 AM PST by jriemer (We are a Republic not a Democracy)
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To: Tumbleweed_Connection
"The American Civil Liberties Union is using sophisticated technology to collect a wide variety of information about its members and donors..."

Is this the sophisticated technology in question?

I'm shakin' in my boots!!!

48 posted on 12/18/2004 5:14:40 AM PST by streetrepair
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To: streetrepair

LOL the full size TV hanging on the wall is a HOOT! Thanks for the pic...and I do feel old...I actually know FORTRAN! LOL!!!!!


49 posted on 12/18/2004 5:26:37 AM PST by antivenom ("Never argue with an idiot, he'll bring you down to his level - then beat you with experience.")
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To: 383rr

American Criminal Liberties Union


50 posted on 12/18/2004 5:37:14 AM PST by OldFriend (PRAY FOR MAJ. TAMMY DUCKWORTH)
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