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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 90296
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I live in Illinois and I currently have patent pending

Customer Question

I live in Illinois and I currently have patent pending on many different security devices that I have invented, And I know how to disable armed burglar alarm systems that are currently in use. My question is how do I prevent a judge from issuing a gag order to prevent me from talking about the alarm systems and alarm companies. My understanding is that if I made the information public before a gag order is issued then that gag order will be invalid due to the information was public before the gag order was issued.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking. I need to remind you that experts receive no credit for time spent providing information to customers unless the customer leaves excellent service feedback.

Are you subject to some criminal or civil litigation or a witness in such that a gag order might be imposed by the court?
Customer: replied 1 year ago.

Alright, Thank you for your fast reply, I have an another question what if I was sued however the information was posted on a website, That was available for anyone to access at any time without a password or registering. And I can prove that it was posted on the website and made public before the gag order was issued then will this automatically makes the gag order invalid ?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your response and understanding.

If you were either a party to the suit or a witness and the information you have to disclose would prejudice the case, the court can subject you to a gag order only then. They cannot just issue a blanket gag order without it being part of a court case.

If the same information was already out there and available on the internet then the gag order would be invalid (unless you put it up in response to the suit and then the court could order it be taken down). However, the court would not issue a gag order on information that had been readily available to the public prior to the suit being brought, the gag order is prospective not retroactive in most all cases.



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Customer: replied 1 year ago.


Alright, What if I create a public website and disclose all the information that I want to protect from a gag order, And the information will be readily available to anyone at any time, However I will publicly tell people the website URL because I do not want people to know the information. However I want to be able to say that the information w as " Public "


 


The website domain name will be of random letters and letters to prevent the likelihood of people finding it, however it will be available for anyone to access.


 


and I would like to be able to prove that the information was public before the date of the gag order.


 


Any ideas of how I can prove that it was on the website at a certain date like a certified time and date stamp ?


 


Can I be protected even if I translate the information in to a different Laugage such as Arabic


 


Will this protect the information f rom a gag order because I am working with a company that I want to sell patents to however if that falls through I want to be able to reveal the information.

Expert:  Law Educator, Esq. replied 1 year ago.
While doing so just in case you are ever in a position where a gag order might be issued is foolhardy, you are free to disclose whatever information you choose to disclose.

If your site is not easily found then the information is not readily available to the public and as such using random letters in the name or writing it in another language would defeat your intent.

However, it does seem you are going through an awful lot of trouble and expense for something that is rarely issued by the courts because of First Amendment constitutional implications.

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