Iowa Public Information Board Executive Director Eckley:
I am in receipt of your electronic mail. I am also awaiting an update from the City of Newton, IA Attorney Matthew Brick of Brick Gentry, P.C. I have found that his words have diminished since the evidence indicates he folded his hand regarding the evidence of his false criminal allegations against me during Iowa Public Information Board case 22FC:0071.
https://www.brickgentrylaw.com/attorneys/24/matthew-s-brick.aspx
At the same time, the evidence (in the form of testimony in historical correspondence provided by City of Newton, IA Attorney Matthew Brick) suggests a rather compelling and provocative conclusion regarding the state of the City of Newton, IA’s alleged mail server (provided and hosted by Barracuda Networks) that allegedly stores electronic mail for exactly 30 days and then apparently automatically relocates user mail data from an OST file (Outlook Offline Date File – providing a synchronized copy of data stored and preserved on a Microsoft Exchange Server on a local Outlook client) to a local city employee’s PST file (Outlook Data File) stored and preserved within their local municipal personal computer (PC).
Evidence supporting the truth regarding the City of Newton, IA, Attorney Matthew Brick’s alleged misrepresentation relating to the City of Newton, IA’s mail server configuration I believe will be provided by the public domain name system (DNS) records stretching to the State of California that provide evidence of where the City of Newton, IA’s municipal mail server is hosted, stored, and preserved. At the same time, the data stored and preserved within this hosted environment falls under the jurisdiction of the State of Iowa in accordance with [Iowa Code Section 22.1(3.)(a.)](https://www.legis.iowa.gov/docs/code/22.1.pdf).
https://mxtoolbox.com/SuperTool.aspx?action=mx%3anewtongov.org&run=toolpage
Sophia Francisca Valentim #268420
Barracuda Networks
3175 Winchester Blvd, Campbell, CA 95008
Phone: 408-342-5484
https://apps.calbar.ca.gov/attorney/Licensee/Detail/268420
Attorney Valentim, I am respectfully requesting to be referred to your sales department so that I may receive assistance with configuring my electronic mail for domain test.cipherphoenix.com to match the same configuration that the City of Newton, IA, Attorney Matthew Brick has described in the attached correspondence. I am desiring a solution consistent with the mail server configuration the City of Newton, IA, Attorney Matthew Brick has articulated the City of Newton, IA, has deployed to organize its electronic mail data. This configuration allegedly allows for the storage of the City of Newton, IA’s, electronic mail to be automatically relocated from the mail server at exactly 30 days to local user profiles stored and preserved on individual municipal personal computers (PC). As evidence provided by City of Newton, IA, Attorney Matthew Brick regarding electronic mail records provided on 10 FEB 2022 (that far exceed the now established alleged 30 day limitation of electronic mail that is stored and preserved on the City of Newton, IA mail server) the provided electronic mail records indicate a Microsoft Exchange/Outlook client-server implementation that would require an OST – PST automated mail transfer to each city employee’s local Outlook profile.
State of California
http://www.calbar.ca.gov/Portals/0/documents/rules/Rule_8.4-Exec_Summary-Redline.pdf
State of Iowa
https://casetext.com/rule/iowa-court-rules/chapter-32-iowa-rules-of-professional-conduct
I have included the Rules of Professional Conduct for both the State of California and Iowa to provide assistance with facilitating a proper dialog between the City of Newton, IA, Barracuda Networks, and what evidence (public domain name system (DNS) records) indicates are all Iowa government body Barracuda Network’s Iowa government body end-users to facilitate the discovery of the root of this electronic mail storage anomaly. At the same time, my twenty years of professional training, experience, and the evidence, in this case, indicate I have been charged fees inconsistent with Iowa Code Section 22.3 to search for electronic mail records or, as the evidence suggests, the City of Newton, IA, not providing the public records that were requested based upon this alleged mail retention period used by the City of Newton, IA’s mail server.
I respectfully submit to all parties addressed in this electronic correspondence that it would be unreasonable to assume that I have not already determined all primary Iowa government body end-user subscribers of Barracuda Networks as I attempt to gather evidence that is either consistent or inconsistent with this mail server anomaly brought forth by City of Newton, IA, Attorney Matthew Brick during Iowa Public Information Board case 22FC:0071 and other related public record requests.
https://airtable.com/shrrsCl7EYaDqrLAC/tblLVEQuva7yOIQBA
I will be providing evidence supporting my conclusions to the legal office of Barracuda Networks with the expectation that this office conducts itself at the highest standards and requirements in accordance with the California Rules of Professional Conduct approved by the California Supreme Court on May 10, 2018, by Supreme Court Administrative Order 2018-05-09.
LEGAL TERMS AND CONDITIONS FOR ALL BARRACUDA PRODUCTS
General Terms Applicable to all Products (Condensed)
“9.1. Ownership of Barracuda Materials; Restrictions. All Intellectual Property Rights in Barracuda Materials belong exclusively to Barracuda and its licensors. Customer will not (and will not allow any third party to): (i) disassemble, decompile, reverse compile, reverse engineer or attempt to discover any source code or underlying ideas or algorithms in any Barracuda Materials (except to the limited extent that applicable law prohibits reverse engineering restrictions); (ii) sell, resell, distribute, sublicense or otherwise transfer the Barracuda Materials, or make the functionality of the Barracuda Materials available to any other party through any means (unless Barracuda has provided prior written consent); (iii) without the express prior written consent of Barracuda, conduct any benchmarking or comparative study or analysis involving the Barracuda Materials (“Benchmarking”) for any reason or purpose except, to the limited extent absolutely necessary, to determine the suitability of Products to interoperate with Customer’s internal computer systems; (iv) disclose or publish to any third party any Benchmarking or any other information related thereto; (v) use the Barracuda Materials or any Benchmarking in connection with the development of products, services or subscriptions that compete with the Barracuda Materials; (vi) use any Barracuda trademarks for any purpose not expressly granted by Barracuda in advance and in writing; or (vii) reproduce, alter, modify or create derivatives of the Barracuda Materials.”
“10.3. APPLICABILITY. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY (A) TO LIABILITY FOR NEGLIGENCE; (B) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE; (C) EVEN IF A PARTY IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; (D) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS, FROM INABILITY TO USE THE PRODUCTS OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCTS (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
THE LIMITATIONS AND EXCLUSIONS CONTAINED HEREIN WILL APPLY ONLY TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, AND NOTHING HEREIN PURPORTS TO LIMIT EITHER PARTY’S LIABILITY IN A MANNER THAT WOULD BE UNENFORCEABLE OR VOID AS AGAINST PUBLIC POLICY IN THE APPLICABLE JURISDICTION.”
“11.1.2. Customer shall not: (a) permit any third party to access or use the Products in violation of any U.S. law or regulation; (b) export the Products or otherwise relocate them unless such export and/or relocation is in full compliance with all applicable local and U.S. laws and regulations. Without limiting the foregoing, Customer shall not permit any third party to access or use the Products in, or export it to, a country subject to a United States embargo (currently, Cuba, Iran, North Korea, Sudan, the Crimea Region in the Ukraine and Syria); or (c) authorize the relocation of the Products to a prohibited entity, territory or country, or take any action otherwise in violation of any applicable restrictions or regulations.”
“11.2. Compliance with Laws. Customer agrees to comply with all applicable laws related to its performance of the obligations set forth in this Agreement, including, but not limited to, any applicable privacy laws.”
“11.2.1 If Customer is a United States Government agency, the Products and Documentation qualify as “commercial items”, as that term is defined at Federal Acquisition Regulation (“FAR”) (48 C.F.R. 2.101), consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in FAR 12.212. Consistent with FAR 12.212 and DoD FAR Supp. 227.7202-1 through 227.7202-4, and notwithstanding any other FAR or other contractual clause to the contrary in any agreement into which this Agreement may be incorporated, Government end user will acquire the Products and Documentation with only those rights set forth in this Agreement. Use of either the Products or Documentation or both constitutes an agreement by the Government that the Products and Documentation are “commercial computer software” and “commercial computer software documentation”, and constitutes acceptance of the rights and restrictions herein.”
“12.1. Definition. “Confidential Information” refers to the following information disclosed by one party (“ Discloser”) to the other (“Recipient”): (a) any document Discloser marks as “Confidential” or “Proprietary”; (b) any information Discloser orally designates as being “Confidential” at the time of disclosure, or which given the circumstances of the disclosure and the nature of the information would reasonably be considered confidential; (c) the non-public features and functions of the Products, Barracuda’s price lists, technology, trade secrets, marketing strategies, customer lists, mail lists and information concerning the design or methods of manufacture of the Products, for which Barracuda is Discloser; (d) this Agreement; and (e) any other nonpublic, sensitive information disclosed by Discloser. Notwithstanding the foregoing, Confidential Information does not include information that: (i) is in Recipient’s possession at the time of disclosure and not in violation of any confidentiality obligations; (ii) becomes known publicly, before or after disclosure, other than as a result of Recipient’s improper action or inaction; or (iii) is approved for release in writing by Discloser.”
“12.2. Maintenance of Confidentiality. Each party agrees that it shall: (i) take reasonable measures to protect the Confidential Information by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination or publication of the Confidential Information as the Recipient uses to protect its own confidential information of a similar nature; (ii) limit disclosure to those persons within Recipient’s organization who have a clear and well-defined “need to know” and who have previously agreed in writing to obligations at least as stringent as the provisions hereof, either prior to receipt of Confidential Information as a condition of their employment or in order to obtain the Confidential Information; (iii) not copy, reverse engineer, disassemble, create any works from, or decompile any prototypes, Products or other tangible objects which embody the other party’s Confidential Information and/or which are provided to the party hereunder; and (iv) comply with, and obtain all required authorizations arising from, all U.S. and other applicable export control laws or regulations. Confidential Information shall not be used or reproduced in any form except as required to accomplish the purposes and intent of an Order or Statement of Work. Any reproduction of Confidential Information shall be the property of Discloser and shall contain all notices of confidentiality contained on the original Confidential Information.”
“12.3. Exceptions. The parties agree that the foregoing shall not apply to any information that Recipient can prove, through written evidence: (i) is or becomes publicly known and made generally available through no improper action or inaction of Recipient; (ii) was already in its possession or known by it prior to disclosure by Discloser to Recipient; (iii) is independently developed by Recipient without use of, or reference to, any of Discloser’s Confidential Information; or (iv) was rightfully disclosed to it by, or obtained from, a third party without an obligation of confidentiality. Recipient may make disclosures required by law or court order provided that Recipient: (a) uses diligent efforts to limit disclosure and to obtain, if possible, confidential treatment or a protective order; (b) has, to the extent legally permissible, given prompt advance notice to Discloser of such required disclosure.”
“12.4. Injunction. Recipient agrees that breach of this Section 12 would cause Discloser irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to any other remedy, Discloser will be entitled to seek injunctive relief against such breach or threatened breach, without proving actual damage or posting a bond or other security.”
“12.5. Return of Confidential Information. With respect to each item of Confidential Information, the obligations of Section 12.2 (“Maintenance of Confidentiality”) will terminate five (5) years after the date of disclosure. Upon termination of this Agreement, Recipient shall return all copies of Confidential Information to Discloser or certify, in writing, the destruction thereof. Where permissible by law, Recipient may retain one copy of all written materials returned to provide an archive record of the disclosure, which remains subject to the confidentiality terms of this Section 12.
12.6. Retention of Rights. This Agreement does not transfer ownership of Confidential Information or grant a license thereto. Discloser will retain all right, title and interest in and to all of its Confidential Information.”
“13.2. Termination for Cause. Either party may terminate this Agreement upon written notice of a material breach by the other party subject to a thirty (30) day cure period (“Cure Period”). If the breaching party has failed to cure the breach within the Cure Period after receipt by the breaching party of written notice of such breach, the non‑breaching party may terminate this Agreement. This Agreement may be automatically terminated by Barracuda in the event Customer has breached any license restriction and, in Barracuda’s determination, that breach cannot be adequately cured within the Cure Period.”
“13.7. Effect of Termination. Except for termination of this Agreement by Barracuda for Customer’s breach, no termination of this Agreement shall impact any active Subscription, Hosted Service, Support Services or SOW that extends beyond such termination, and this Agreement shall continue to govern and be effective until expiration or termination of such Subscription, Hosted Service, Support Services or SOW. The provisions of Section 4 (“Payment Terms”), Section 10 (“Waiver of Consequential Damages and Limitation of Liability”), Section 11 (“Export and Compliance with Laws”), Section 12 (“Confidential Information”), Section 14 (“Governing Law, Venue and Dispute Resolution”), and [Schedule 2](https://www.barracuda.com/company/legal/trust-center/terms-and-conditions/limited-warranty) (“Limited Warranty”) and any other terms which by their nature should survive termination shall survive termination of this Agreement.”
“14.1. GOVERNING LAW AND VENUE. THESE TERMS AND THE USE AND PROVISION OF PRODUCTS WILL BE GOVERNED SOLELY BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REFERENCE TO: (A) ANY CONFLICTS OF LAW PRINCIPLES THAT WOULD APPLY THE SUBSTANTIVE LAWS OF ANOTHER JURISDICTION TO THE PARTIES’ RIGHTS OR OBLIGATIONS; (B) THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS; OR (C) OTHER INTERNATIONAL LAWS. THE PARTIES CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION OF THE FEDERAL AND STATE COURTS IN SANTA CLARA COUNTY, CALIFORNIA.”
“Revised: September 22, 2020”
https://www.barracuda.com/company/legal/terms-and-conditions
I was not groomed in a law office. I was built at sea during twenty years of service by the United States Navy Chief’s Mess.
Respectfully,
Cipher Hunter
(Legal Name Documented on State of Iowa Birth Records stored and preserved in Marshall County, IA)
Michael J. Merritt, USN Retired/Writer
Founder: cipherphoenix.com
Creative Writer/Musician
Information Warfare Specialist
Information Systems Manager
PO BOX 187
Newton, IA 50208
“Bricks made with testimony lacking evidence are equivalent to bricks made with straw without clay.”
Cipher Hunter
——- Original Message ——-
On Wednesday, June 28th, 2023 at 3:46 PM, Eckley, Erika <erika.eckley@iowa.gov> wrote:</erika.eckley@iowa.gov>
> Good afternoon, gentlemen,
>
> I am planning on complaints 23FC0023 and 23FC:0057 to be considered by the IPIB Board at the July 20 meeting.
>
> I wanted to check on the status of these complaints and the record requests included in them, so I would appreciate your assistance in sharing where these current matters stand.
>
> 23FC:0023- the issue within the jurisdiction of IPIB is the request for the body cam footage from the following incidents-
> 1. Officer Watson’s footage for CFS-19016725
> 2. Officer Watson’s footage on November 18, 2022 at 2:30 p.m.
> The city of Newton in a letter dated December 14, 2022 offered to provide this footage on December 14, 2022 upon receipt of a $20 fee.
>
> Has the fee been paid, and if so has the footage been provided?
>
> 23FC:0057- the issues within IPIB’s jurisdiction are the following for which I am requesting a status from the parties
> 1. All incident reports requested on January 4, 2023 were provided either on March 13, 2023 or have since been provided.
> 2. That local fees and access to records are provided to all requestors in a manner consistent with Iowa Code Chapter 22.
>
> I appreciate you both providing a response regarding these matters on these complaints.
>
> Regards,
>
> Erika Eckley, JD, MPA
> Executive Director
> Iowa Public Information Board (IPIB)
> 502 East 9th Street
> Wallace Building, 3rd Floor
> Des Moines, Iowa 50319
> (515) 725-1783
> erika.eckley@iowa.gov
> www.ipib.iowa.gov
