Wednesday, April 16, 2014
99 CENTS ordered to turn over IP addresses in GATE petition forgery

Yolo Superior Court Judge Dan Maguire issued a subpoena on Thursday ordering the Internet petition website to produce the IP address used to create false signatures and comments on a petition in favor of the school district’s Gifted and Talented Education program last month. will have about three weeks to produce the information, said attorney Will Portello.

Portello is representing Shelley Dunning, a parent at North Davis Elementary School, who discovered two weeks ago that someone had forged her signature on the pro-GATE petition and added a testimonial that was falsely attributed to her.

In addition to turning over the IP address for the person who created a account using Dunning’s email address, the subpoena requests the same information for four other individuals who also had signatures forged or comments falsely attributed to them on the petition.

They are among at least nine people who Portello has determined were impersonated on the website. All are parents at North Davis Elementary School, he said.

“It appears (their names and email addresses) were taken out of the North Davis Elementary School directory,” Portello said Thursday.

The GATE petition, created by the recently formed group Davis Excel, is addressed to the Davis school board and says, “We the undersigned are parents, teachers and citizens of Davis who strongly support the current DJUSD self-contained GATE program” and calls for “no significant changes to the (GATE) program without a demonstration that the current program is failing its students.”

The fraudulent signatures and comments were left on the petition on Feb. 2 and Feb. 10, Portello said.

Dunning, however, didn’t learn about the deception until nearly a month later when she received an email inviting her to a GATE-related meeting. A message at the bottom of the email indicated she was receiving the invitation because she had signed the GATE petition.

But Dunning said she had never visited the site, never signed the petition and never left the comment attributed to her.

She contacted Anupam Chander, a UC Davis law professor who had created the petition, and he removed her comment. By then, Chander had been contacted by several parents who had learned they were the victims of the forgery.

Last month, Chander and others requested the IP address of the person or persons who had forged the signatures and left the fraudulent comments, but refused to provide them absent a search warrant or subpoena.

And though the subpoena has now been issued, it remains unknown how much useful information ultimately will be produced. If the person who forged the signatures and left the comments used an anonymizing program to conceal his or her identity, that would leave Dunning and the others without much recourse.

If, however, the IP address is undisguised, Portello will seek another subpoena, this one to the Internet service provider who controls the address and can identify the account holder.

At that point, Dunning and the others would have in hand the name of the person responsible.

— Reach Anne Ternus-Bellamy at or 530-747-8051. Follow her on Twitter at @ATernusBellamy

Anne Ternus-Bellamy


Discussion | 2 comments

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  • Rong LiuMarch 16, 2013 - 12:16 pm

    The Davis Enterprise shows its bias on the issue of GATE in articles such as this one. Are Davis Enterprise readers aware that the PAGE petition also had signatures forged? This is important information that was excluded from the article -- particularly as it would indicate the perpetrator is less interested in the pros and cons of the educational issue and is more interested in simply playing mind games with the community. Also relevant is that the Enterprise trusts people to sign their web submitted comments (such as this one) and letters to the editors. My friends report that, in their experience, the Enterprise makes no effort to verify identities. I noticed in the week before this article appeared the Enterprise falsely attributed a letter to the editor to someone who complained that they had not written that letter. This seems relevant to the story above, but was also omitted. The Enterprise seems to hold a special grudge against the Excel group because they delivered comments collected via the petition to DJUSD and the school board -- but the petition was addressed to the DJUSD and so such delivery was what the petition promised to do. Meanwhile the Davis Enterprise delivers newspapers to thousands of residents with letter "signed" by names that may or may not be the authors.

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  • Bob ErwinMarch 16, 2013 - 6:50 pm

    A more thorough reporter would have pointed out the fact that whoever forged the signatures used the correct email addresses of the victims, thus increasing the probability that the forgeries would be discovered. Why would that be? Perhaps the simplest explanation is that the perpetrator sought to discredit those who support the Davis GATE program. I wonder who that could be? I also wonder motivates such a person, certainly not the best interests of the children of Davis! By the way, does it seem a bit odd to anyone that the PAGE petition is still online and gathering signatures despite their knowledge that the petition tool is flawed?

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