point count three was basically feel that that city same subject matter i don't know of any legal reason to believe that's a different subject matter than which is seven days after a lot of pornography on the internet that's what he was looking at what basis is there to conclude that this was intended to be a private communication between the porno purveyors and your client the  prior cases involving private telephone conversations with lines which the officers you know court so i wouldn't risk at my office if i haven't recently told my clerks by the way you know better get out of the pornography or the state to peter it was twenty four hours they had monitored him to the secret monic monitoring device side of the it spent twenty four hours doing this only because of the monitoring it wasn't just the subject matter and i think  think would be appropriate for me to name them they're on the record you can see that but if you review the record there is no communication between your the server and the website we have evidence only of viewing twenty seven hours of viewing hardcore obscene pornographic material not just indecent material ok so that's no viewing no communication viewing is not a communication and also  if not express consent the record will show that officer person signed a statement saying you recognized rules regulations one of which says you're going to use your mobile data terminal for personal business only and you will not be using it in any manner that would bring disrepute to twenty seven hours within a one month period of hardcore pornography i think brings disrepute to our i agreed there are also the second aspect is there is no sufficient closeness in the relationship between the amended complaint and the initial complaint in this of complaint was filed may fifteenth two thousand and nine that contains counts one in two asking for  thirteenth the board issued its order to discharge and on october twentieth there was a motion for leave to file an amended complaint as well as the patch in order in order for leave in order for the amended complaint to supersede your original complaint leave actually has to be granted otherwise why have that that civil proce it's also the position in rebel persons pfizer had seven someone north the second five or five that not until leave was granted on december sixteenth amended complaint supersede court did make a decision within the pipe frame it just never signed the order in the time crash that minor technicality should not then be expanded to cover administration review under the illinois law to somehow  you've just now told me if i understand you correctly that you can't see that so is it in fact the case this is the record show that  start you seem to be giving conflicting information here there were numerous types of record shows there were numerous site when you say he didn't succeed in showing now what do you mean it to be very honest with you the very worst part three years ago or two years ago so i don't recall specifically what was transpired but there was no effort on our part to introduce evidence to identify which sites needed a passport and which sites that now where precisely my question was does it make any difference whether a pass on the question of privacy no because you're accessing web sites that go out two thousand hundreds of thousands of of clientele that do not intended ninety five thousand people who are tuning in yes to some degree yes based upon the material