IN THE UNITED STATES COURT FOR THE WESTERN DISTRICT OF ARKANSAS


Curtis J Neeley Jr.                                                                                  Plaintiff/Appellant

v.

CASE NO. 14-cv-5135

5 Federal Communications Commissioners,
FCC Chairman Tom Wheeler, et al,
US Attorney General, Eric Holder Esq,                                                Defendants/Appellees
Microsoft
Corporation,
Google
Inc.


Complaint Seeking Civil Damages for Intentional Continued Violations of 18 U.S.C. §2511 & Ark. Code Ann. 5-41-103 as Authorized by 18 U.S.C. §2520 & Ark. Code Ann. 5-41-106 & Authorized from FCC Commissioners & the U.S. Attorney General by 42 U.S.C. §1983

This Plaintiff/Appellant has a long, convoluted, dishonorable history in the United States Court for the Western District of Arkansas for the only attempt in history to seek damages for violations of 17 U.S.C. §106A* “online” for original photographs or for photographs shown ANYWHERE since 1990 when 17 U.S.C. §106A* was created. This District Court held 17 U.S.C. §106A* excludes “online” publications. This prior mistake is not the rational for this complaint. All naked images authored by this Plaintiff/Appellant besides two “online” not indexed pages are gone or are deleted. There remains ABSOLUTELY no authorized usage of this Plaintiff's name with Plaintiff's or other original obscene naked art like fraudulently asserted by both Google Inc and Microsoft Corporation in organized Computer Fraud crimes. Unfortunately; Two or three usages of Plaintiff's name remains on pages with naked images by Helmut Newton. These misuses of Plaintiff/Appellant's name are NOT PART OF THIS COMPLAINT.

I. 18 U.S.C. §2511 - ORGANIZED CRIMES

1. Interception and disclosure of wire, oral, or electronic communications is a prohibited criminal act and this entire statute does not contain “contemporaneous” or any reference for times intercepted or places intercepted like Honorable Timothy L. Brooks asserted counter to clear law. “Intercept” is defined in 18 U.S.C. §2510(4) as follows.






























(4) “intercept” means the aural or other acquisition of the contents of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device.

2. Communications authorized only for authenticated individuals are not authorized for display to the general public like described in 18 U.S.C. §2511(2)(g)(i)*. Communications are intercepted by Google Inc and shown to children and the unauthenticated. Plaintiff/Appellant seeks the punitive damages authorized in 18 U.S.C. §2520(b)* when appropriate. Organized criminal Interception of “good Samaritan” artists like this Plaintiff/Appellant attempting to conceal indecent or top-secret art from the unauthenticated make punitive damages appropriate.

II. Ark. Code Ann. 5-41-103 - ORGANIZED CRIMES

.     Plaintiff/Appellant also seeks civil damages for Ark. Code Ann. 5-41-103* computer frauds from Google Inc and Microsoft Corporation when these type “damages” are appropriate. Civil recovery is provided by Ark Code Ann. 5-41-106* as follows:

ARK. CODE ANN. 5-41-106*

(1) Any person whose property or person is injured by reason of a violation of any provision of this subchapter may sue for the injury and recover for any damages sustained and the costs of suit.

(2) Without limiting the generality of the term, "damages" include loss of profits. -

III. 42 U.S. Code § 1983 HUMAN RIGHTS VIOLATIONS

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.” ...

< 2 >
























1. Plaintiff/Appellant seeks redress from each FCC Commissioner and the U.S. Attorney General for allowing the communications privacy and computer fraud crimes in communications used in interstate commerce under color of law by failing to regulate interconnected wires as “Communications Act of 1934” Title II common carriers these were admitted to be on Feb. 26th, 2015. These wires use the [sic]“Internet” wire communications protocol defined in the “Communications Act of 1934” in 47 U.S.C. §153 ¶(59)* exactly like follows.

(59) WIRE COMMUNICATION

    The term “wire communication” or “communication by wire” means the transmission of writing, signs, signals, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission.

2. The definition above clearly includes all mobile telephones, Wi-Fi communications, and every apparatus communicating on the [sic] “Internet” via wire communications whether called “wireless” or “Wi-Fi” the last few miles or not.
3.     Actual damages are more than $512.82 and a jury trial of peers is demanded and guaranteed by the Seventh Amendment as follows below with $512.82 being the inflation adjusted amount $20 from 1790 would be in 2014. Punitive damages are warranted and demanded from an AR jury guaranteed by the Seventh Amendment. This fundamental human right is mentioned in the “Communications Act” of 1934 as follows.

from: THE COMMUNICATIONS ACT OF 1934

[uniting] the general rules prescribed by it for cases in equity with those in actions at law so as to secure one form of civil action and procedure for both: Provided, however, That in such union of rules the right of trial by jury as at common law and declared by the seventh amendment to the Constitution shall be preserved to the parties inviolate”.| underlining substituted for original italics.


< 3 >

















































THE SEVENTH AMENDMENT

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.


4. This Plaintiff/Appellant has a severe traumatic brain injury and is acutely aware of the potential for negative impact on a human's mental state caused by physical changes in the human brain. Regardless; the term inviolate was carefully written by Congress in order to preserve the “Seventh Amendment Right to a Jury Trial” - inviolate.1

5. This means the desires of the United States Court for Western District of Arkansas to look at “artisan n_des” anonymously like described by Honorable Timothy L. Brooks and Honorable Jimm Larry Hendren and the personally biased desire of Honorable Magistrate Erin L. Setser to find this Plaintiff/Appellant in violation of a prior injunction despite contrary facts in the record are wrongs unable to harm or change the jury right except by judicial fiat, like already done, begging this Eighth Circuit's correction.

6. The decision of Honorable Magistrate Erin L. Setser to forbid “IFP” appeal makes misunderstanding2 47 U.S.C. §153 ¶(59)* as relevant to an appeal as the desire to protect an impermissibly vague injunction by Honorable Jimm Larry Hendren.

< 4 >


































IV. Reckless “Indexing” of JPGs

1. Microsoft Corporation and Google Inc are organized criminal conspirators recklessly indexing and displaying harmful unrated JPG image files. Halting this one wrong would make electronic communications safe for everyone and would almost immediately end ALL continuing “online” child pornography.

2. The JPG file format for images was established by the Joint Photographic Experts Group initially in 1992. One decade before Google Inc existed, the JPG file format contained provisions for descriptive, machine-readable data about the binary or otherwise “gobbledygook” JPG “bits” like ratings for automatic categorization of JPG files.

3. EVERY JPG FILE EVER CREATED ALLOWS FOR DESCRIPTIVE METADATA. This fact is wildly counter to the deception made in court and will always be factual and reveal a fraud by Google Inc on the court and on the entire Earth.

4. These clear facts are recklessly ignored by ALL Defendant/Appellees. This intentional ignorance destroyed Plaintiff/Appellant's parental human right to determine the type moral communications allowed encountered by minor children using wire communications in interstate and world-wide commerce or the mission of the Federal Communications Commission since 1934 per 47 U.S.C. §151.* The mission NOT DONE* since the 1997 imaginary new medium mistake.

< 5 >





































5. Transporting unrated JPG files in interstate or world-wide wire communications involving an indecent naked human is criminal today per 18 U.S.C. §§ (1462*, 1464*).

6. These laws are wholly ignored by the Federal Communications Commission, the Attorney General, and is violated by both organized criminal Defendant/Appellees. Google Inc and Microsoft Corporation violate 18 U.S.C. §2511* by intercepting and displaying images labeled by “good Samaritan” authors as “not fit for anonymous consumption” and restricted to authenticated viewers and NEVER accessible to the general public with simply “one more click like comparing the immoral *B<photo.net>*G displays to the general public compared to *B<deviantart.com>*G and seeing the source pages where the content was intercepted from directly where excluded for the anonymous instead of the organized communications privacy crimes done by interceptions of Google Inc and Microsoft Corporation.

CONCLUSION

1. This Plaintiff/Appellant now prays that the Eighth Circuit Court of Appeals sua sponte orders the United States Court for the Western District of Arkansas to conduct a jury trial to establish damages after determining guilt is established by law for violations of Ark. Code Ann. 5-41-103* and 18 U.S.C. §2511* visible in the non-scanned record or searching “online” at MSFT for {Curtis Neeley nude}.* Looking “online” at GOOG for {Curtis Neeley nude}* reveals Google Inc. Ark. Code Ann. 5-41-103* computer frauds and {Curtis Neeley site:deviantart.com}* reveals FIVE 18 U.S.C. §2511* crimes EXEMPTED 47 U.S.C. §230* preemption by 47 U.S.C. §230(e).*

< 6 >





















2. The following domains were where prior indecent communications were all removed after years and years and great costs can be seen or Ark CODE Ann 5-41-103 crimes or 18 U.S.C. §2511 crimes persist. Those marked with “<<” or “>>” and bold continue criminally today. The last two marked “>>>” are unfortunate but not included in this complaint because these remain supported by fact.

3. This Plaintiff/Appellant worked many thousands of hours and utterly purged a host of “computer apparatus” attached to interconnected physical wires using this Plaintiff/Appellant's former original naked creations or prior authorized uses of this Plaintiff/Appellant's name. These computer apparatus are connected to common carrier wires for “contemporaneous” wire communications to the general public when requested and once included the following locations and those listed/linked in exhibits. Only two still use Plaintiff/Appellant's name and nakedness together. The five colored graphics from #05 below require authentication to see unless intercepted by Defendant/Appellee Google Inc then and shown to the public in clear violations of 18 U.S.C. §2511*.

01.*B<photo.net>>G*, 02.*B<creative-nude.net>G*, 03.*B<absolutearts.com>>G*, 04.*B<pbase.com>G*, 05.*B<deviantart.com>>G*, 06.*B<cravagolina.wordpress.com>>G*, 07.*B<<curtisneeley.com>G*, 08.*B<fineartamerica.com>G*, 09.*B<michelle7.com>G*, 10.*B<<michelle7-erotica.com>G*, 11.*B<aventar.eu>G*, 12.*B<<flickr.com>G*, 13.*B<wordpress.com>>G*, 14.*B<prmob.net>G*, 15.*B<weblog.com.pt>G*, 16.*B<wikimedia.org>G*, 17.*B<wikipedia.org>G*, 18.*B<artistrising.com>G*, 19.*B<artnude.pp.ru>G*, 20.*B<artring.net>G*, 21.*B<blogspot.com>G*, 22.*B<blurb.com>G*, 23.*B<canalblog.com>G*, 24.*B<free.fr>G*, 25.*B<google.com>G*, 26.*B<groupf16.org>G*, 27.*B<imagekind.com>G*, 28.*B<listphotographers.com>G*, 29.*B<lulu.com>G*, 30.*B<menshelp.cc>G*, 31.*B<nudeartcollection.com>G*, 32.*B<photopoints.com>G*, 33.*B<purestorm.com>G*, 34.*B<redbubble.com>G*, 35.*B<salon.com>G*, 36.*B<sexblognews.ucom>G*, 37.*B<sexoteric.com>G*, 38.*B<plus.google.com/113306317695805427659>G*, 39.*B<corpscircuits.canalblog.com>G*, 40.*B<models-forum.com>G*, 41.*B<purestorm.com>G*, 42*B<aduznfreshman.blogspot.com>G*, 44.*B<signatureillustration.org>>>G*, 45.*B<cafephilos.wordpress.com>>>G*

< 7 >




























4.     Neeley v NameMedia Inc et al, (5:09-cv-05151) is the case where Google Inc successfully deceived Honorable Magistrate Erin L. Setser and Honorable Jimm Larry Hendren into believing uploading to an “online” apparatus or “website” makes the information uploaded accessible to the random public or donated to the public.
5.     NameMedia Inc purchased <photo.net> and asserted this same immoral deception. NameMedia Inc asserted “ownership” of all naked images placed on *B<photo.net>G* before the NameMedia Inc purchase. This was immoral but NameMedia Inc has since deleted all naked images by this Plaintiff/Appellant and other moral authors and ALL use of Plaintiff/Appellant's name on pages with nakedness while attempting to settle.

6. Plaintiff/Appellant once used <photo.net> and uploaded world-class naked images and sold these. <[P]hoto.net> required an authenticated membership to view these naked images after tagging like done today at *B<deviantart.com>>G* though these type tagged images are intercepted today by Defendant/Appellees Google Inc and Microsoft Corporation, though Defendant/Appellee Microsoft Corporation has now ceased a few.

7. NameMedia Inc was guilty of criminal violations of 18 U.S.C. §2511* but these criminal violations are wholly protected by the over-broad injunction and honorably applied collateral estoppel and NOT by res judicata the United States Court for the Western District of Arkansas now stretched to allow current criminal violations of law.
8. Besides the protection of NameMedia Inc by the over-broad injunction and honorably applied collateral estoppel, NameMedia Inc is also now protected by the statute of limitations included in 18 U.S.C. §2520(e)* of two years.

9. These “WRONGS” are NOT PART OF THIS COMPLAINT.

< 8 >

























10. Honorable Jimm Larry Hendren ruled moral rites to artwork do not apply “online”. Insert ¶#9 again here. Regardless; NameMedia Inc lost ALL moral world-class photographers due to violating 18 U.S.C. §2511*. Current users of *B<photo.net>G* ARE exempted by the 18 U.S.C. §2511(g)(i)*. Honorable Timothy L. Brooks stretched this out to improperly protect Defendant/Appellee Google Inc for violations of this Plaintiff/Appellant's current usage of <deviantart.com>* as begs Eighth Circuit supervisory jurisdiction more than mixing up collateral estoppel and res judicata as well as the cited Federal Rules of Appellant Procedure Rule #4* regarding timeliness.

PRAYER

1. This Plaintiff/Appellant prays this Eighth Circuit Court of Appeals examine the record and this complaint or just look “online” and then order a jury trial in the United States Court for the Western District of Arkansas to determine fiscal damages per: 1) Ark Code Ann. 5-41-106* for violations of Ark Code Ann. 5-41-103*; and 2) those warranted by 18 U.S.C. §2520* for (5) violations of 18 U.S.C. §2511*; as well as those warranted by 42 U.S.C. §1983* from each Federal Communications Commissioner and the U.S. Attorney General because guilt is a settled matter of law.

< 9 >



































2. Plaintiff/Appellant also prays for immediate injunctive relief such that all violations of 18 U.S.C. §2511* and all violations of Ark Code Ann. 5-41-103* are ordered ceased immediately for Plaintiff/Appellant's name and seeks orders for the Federal Communications Commission to regulate “online” wire communications as a Title II common carrier and require ratings of all “obscene, indecent, or profane” JPG files communicated in interstate or world-wide commerce before indexed as soon as possible because this is already required by clear wording of U.S. law in 47 U.S.C. §151*.



Curtis J. Neeley Jr.
2619 N Quality Lane
Apartment 123
Fayetteville, AR 72703
4792634795 -t-sms
5014217083 f

Respectfully Submitted,

s/ Curtis J Neeley Jr.

* = Live PDF links

< 10 ^^



















































1Inviolate -: not harmed or changed : not violated or profaned; especially : pure |
"Inviolate."
Merriam-Webster.com. Merriam-Webster, n.d. Web. 19 Oct. 2014. <http://www.merriam-webster.com/dictionary/inviolate>.



























































































2Well, Mr. Neeley, do you, do you understand that when you post something on the internet, you're making a public posting? You understand that? When you go on there and blog about a photograph, it's likely that it's going to be -- your comment and your name are going to be linked to that photograph, so I'm having a hard time understanding why you fault Google for that.” | From (09-cv-05151) Dkt #216* p13


                  The End of Porn byWire.org


       The litigation is over except for the coming Petition for Certiorari after the Petition for Panel Rehearing Seeking en banc Hearing was denied. Please United States citizens remember this litigation was presented tactfully to the Eighth Circuit Court of Appeals and will perptually be presented to EVERYONE on EARTH by broadcasts in the wire medium. These are the PDF and HTML versions of filings ruled not to convince Honorable James B. Loken, Honorable Lavenski R. Smith, and Honorable William D. Benton. This request was the same query as asking United States Courts to Affirm two plus two equals four. The confused, angry, culturally irrelevant, pornography addicted Honorable Jimm Larry Hendren of the District Court was backed up by Honorable Timothy L. Brooks ruling immorally as encouraged by a magistrate judge with absolutely no practice before any court in this action when asked the same thing. The Eighth Circuit panel did not bother to do anything but read these prior injustices and assume the District Court fiats were not done by an agry old man because District Court Judges are usually honorable despite advanced ages or shared addictions to anonymously viewing legal pornography.

       This litigation did not again include physical display of the indecent and obscene searches because these were ALL included as active links in each PDF. These are all already publicly accessible from the Federal Communications Commission in the 14-28*, 13-86*, 13-186*, 10-25*, 10-127*, 09-191*, and other* proceedings with live vulgar links in Exhibit Z* and other BRIEF filings made links by the FCC accidentally for their website. LINKS are allegedly NOT supported by FCC's ECFS. (HACK, HACK, HACK... cough)

The Petition for Panel Rehearing Seeking en banc Hearing was quickly read over and ignored. The United States clearly does not follow the laws written by Congress.  

Petition for Panel Rehearing Seeking en banc Hearing

Nov. 11-18-2014
Filings-as-HTML here.

  1. 14-3447 Docket*

  2. Motion to Proceed as a Pauper*

  3. Brief Supporting Renewed Motion to Proceed as a Pauper*

  4. 2014 Complaint*

  5. Exhibit X*

  6. Exhibit Y*

  7. Exhibit Z*

Nov. 11-18-2014
Filings-as-PDFs here.
(not mutilated like done by FCC)

  1. Motion to Proceed as a Pauper*

  2. Brief Supporting Renewed Motion to Proceed as a Pauper*

  3. 2014 Complaint*

  4. Exhibit X*

  5. Exhibit Y*

  6. Exhibit Z*



>













































     Physically interconnected wires finally circumscribe the entire Earth allowing 47 U.S.C. §153 ¶(59) "wire communications"
otherwise disguised as "the enter net" which should have finally allowed SAFE worldwide communications for all of humanity WITHOUT FILTRATION. The development of immediate worldwide communications should have led to cures for cancer and development of unlimited clean power sources. The honorable development of the interconnected wire medium was made impossible by SCOTUS failing to recognize the "enter net" as nothing but computers replacing telegraph and fax machines connected by physically interconnected WIRES when also combined with the radio medium. The Reno v ACLU mistake alleged to create an immaginary new medium.
NO HOLY NEW MEDIUM WILL EVER EXIST
.*

     The United States' Courts are why the attractive nuisance of unregulated "free speech" disguised as "enter net" exists and continues today because of addictions to anonymous access to free porn or anonymous access for children and judges like Honorable Timothy L. Brooks to enjoy what was called "artisan n_des" in a judicial fiat counter to United States law in Doc 22.


     
Honorable Timothy L. Brooks is NOT culturally senile but was surrounded by cultural senility in the Judicial Branch as a whole and quoted one of Hon Jimm Larry Hendren's angry, immoral "lies" in immoral Doc. 22*. This egregious mistake was called dishonorable and immoral in the Doc. 24* brief supporting the Doc. 23* motion to reconsider mistakes of law and set a new trial. The immoral and dishonorable mistake by Honorable Timothy L. Brooks was not fixed while "Honorable" Timothy L. Brooks remained semi-anonymous.  No new trial was ordered or no honorable ruling was done by Honorable Timothy L. Brooks. This mistake will become young Honorable Timothy L. Brooks and all justices involved most egregious and most widely known mistake and will haunt a potentially 30-40+ year rule.

<  2  >














































     The worst law mistake in earth's history began an ineffective process of appeals you see linked above. United States courts encountered thus far are wholly immoral and are utterly addicted to assuming moral superiority to United States' parents and presume to be better suited to decide which unrated "good Samaritan" labeled JPG files young children should see on the "enter-net" anonymously.


1. Neeley v 5 Federal Communications Commissioners, et al, (5:14-cv-5135)*
| Dishonorably dismissed counter to law by Honorable Timothy L. Brooks.
This biting but respectful BRIEF* SHOULD have resulted in this complaint* being allowed for
an AR jury but WAS NEVER READ!  
This Partial Summary Judgment Motion* with biting Support Brief* should have resulted in the
complete end of unauthorized display of indecency to the anonymous but
WAS NEVER READ!
2. Neeley v Federal Communications Commissioners, et al, (5:13-cv-5293)*
| Legal mistake by immoral, angry, culturally-senile, porn-protecting Jimm Larry Hendren.

3. Neeley v FCC, et al, (5:13-mc-00066)*
| Legal mistake by immoral, angry, culturally-senile, porn-protecting Jimm Larry Hendren. 

4. Neeley Jr v FCC, et al, (5:12-cv-5208)* (13-1506)*(13-6502)*
| Legal mistake by pro se plaintiff and immoral, angry, culturally-senile, porn-protecting
Jimm Larry Hendren.
5. Neeley v NameMedia Inc et al, (5:12-cv-5074)*
|  Legal mistake by severely brain injured pro se plaintiff
6. Neeley v NameMedia Inc et al, (5:09-cv-05151)*(11-2558)*
| Immoral decision by immoral, angry, senile, porn-protecting Jimm Larry Hendren*.
The only consideration for moral copy[rites] for photography in history!
Moral rights ruled not to protect for unauthorized use of embarrassing photo art "online".

<  3  >

































































































































       Donate funds in the form beside photos below via PP to support Curtis J Neeley Jr. and  help end unauthenticated indecency access and/or recognition by United States of the moral right to repent and control whether prior immoral visual art creations can be legally shown by GOOG, et. al. to
unauthenticated children and federal judges against the moral honor of reformed artists. 17 U.S.C. §106A was ruled not to apply "online" by immoral and culturally senile Hon Jimm Larry Hendren* in the only consideration of this law since passed in 1990.  Europe protects personal privacy and honor better than the United States because European artists have ALWAYS had the right to control name-associated usage of creations since 1734*!  The United States officially misspelled the compounding of copy and rite with the Copy[rite] Act of 1790 before England's new word [sic] "copyright" was ever in any authoritative dictionary. Noah Webster wrote the copy rite act of 1790 several decades before his first 1828 "Dictionary of the AMERICAN English Language". Noah Webster was a 'Christian' and famously said, "Education is useless without the Bible"*, but would despise how United States' courts now turn wire communications into the "porn-ter-net" and then re-established indulgences protested first by Rev. Martin Luther on Oct. 31, 1517*.

     True judicial morality was never expected herein with about 103*-civil cases and roughly 66*-criminal cases for 167* or so cases for Honorable Timothy L. Brooks of around total 893 cases opened in the first six months of 2014 for theWestern District of Arkansas. Four-plus civil cases per week for Honorable Timothy L. Brooks to consider with over one additional crime to consider each week. Curtis J. Neeley Jr. contends this case-load is absurd.






Donate money to help Curtis J Neeley Jr. seek the end of unauthenticated indecency access and the recognition by United States of the moral human right to repent and control whether past creations of immoral visual art can be legally shown by GOOG, et. al. to unauthenticated children and federal judges against the wishes of reformed artists. This continuously harms the Berne Convention Article 6bis* honor of these reformed artists and violates law, 18 U.S.C. §2511*, clearly not applying online for some mysterious reason.

memo:
$ $$
$

Martin Luther
Martin Luther
Noah Webster
Noah Webster
Curtis Neeley at Facebook.com
Curtis J. Neeley Jr.


 
Jimm Hendren article in new window
Jimm Larry Hendren
Timothy L Brooks
Timothy L. Brooks
<    4   ^^^