There are confidential/private databases used by various agencies for the specific performance of designated tasks. The information within these systems is designated for specific purposes only. Misuse of these data bases can result in anything from being kicked off the site, to being sued, to being criminally charged. Just because this same information can be obtained through a public records request, this does not justify violating specific user agreements. Compare this to the disclaimers broadcasted for televised sporting events. Even though the event is broadcast for public entertainment on public channels, a person cannot record the event and use it for their own benefit.
Connor Rose, who is running for County Recorder, first denied obtaining information privately owned by FOREWARN LLC for political gain. Then when confronted with evidence that he had done just that, he reverted to the excuse that he “derived no private information from the platform.” But that is exactly what Connor Rose did. Since the information Connor accessed was owned by FOREWARN, FOREWARN can dictate how that information is used. There is a difference between properly accessing public information and improperly accessing public information. Connor Rose just showed the voters of Wood County the improper way to access public information.
The FOREWARN LLC website defines their product as follows: At FOREWARN, we bring instant knowledge through innovative solutions to ensure safer engagements and smarter interactions. Leveraging powerful analytics and a massive data repository, our solutions enable organizations to gain real-time knowledge, for purposes such as verifying identity, searching for criminal histories, and validating information. Risk assessment and due diligence at your fingertips.
FOREWARN defines a customer as: When we say “our Customers” we mean credentialed organizations and professionals who contract to access our products and services for purposes such as identity verification, identifying and preventing fraud, and managing risk inherent in the performance of their business.
Please notice there is no mention of using information from FOREWARN to check the backgrounds of political rivals. FOREWARN LLC owns the services they provide and therefore can set the parameters on how that information is used. Connor Rose violated FOREWARN’s established customer policies:
FOREWARN retains all right, title and interest in the Services, Information, and Confidential Information, and Subscriber will not claim any rights to, or ownership of, any of the foregoing. Subscriber will only use the Services for the purpose(s) certified by Subscriber in your Subscriber Agreement and for no other purpose. Services will be used by Subscriber only. Information may not be delivered to, or filed with, any third party.
To further emphasize, this is a portion of FOREWORN’s FAQ portion of their website: Can I tell my prospects or other third parties about FOREWARN? No. The FOREWARN Subscriber Agreement you executed requires you to keep all information about FOREWARN, as well as your FOREWARN login credentials and search results, confidential.
As Mr. Rose stated, the accessed information is available through public information requests. What Connor failed to mention is that FOREWARN is not a public access site. One must be a credentialed professional to have a subscription to use the information for business purposes. Basically, it appears Mr. Rose misappropriated this information for political gain. Makes one wonder what he may try to misappropriate if he becomes an elected official.
Ruth Babel-Smith
