Floris
11-12-2005, 02:50 PM
If a member on your site has slipped through the forum rules in regards of pornography, piracy, copyright issues, or anything else that is involved with 'legal stuff', and you're contacted by a law firm with the request to take down that content and release any profile information so they can contact these members .. take a few deep breathes and realize you might be in a tight spot. But keep clear to yourself you are not the one in trouble.
The first thing you do is check the phone book and find this law firm and call them to confirm that you have a) received their mail, and b) that this is real. Don't use the name and number listed in an email or snail mail, because if you call that and they are fake and you ask if they are real, they of course will say yes we are :)
Of course if it is obvious a law has been broken you agree to remove the content from public view (or from the database).
If the mail is requesting to retain the profile data: Do NOT delete it.
You can delete the user(s) in question from your site (ban & clear profile, or really prune from database). But make a hard copy of their profile first (print it out). If they do not ask you to retain this information I still suggest to make a hard copy, but you are allowed to delete.
If they request for any private details like an IP (host address) or Email address you do not have to give it, unless you have forum rules that state that you do log ip and email addresses and that these are visible by the public. It might depend per country, but if you have forum rules in which you state you respect the privacy of your members you do not have to disclose any personal information unless the members in question give you permission, or against their will with a court order.
You can give these details, the choice is yours .. but you run the risk of the forum member to sue you for disclosing privacy sensitive information without permission, against set forum rules (if any).
As you can see, you might be stuck in between your member(s) and a law firm. And if you have doubts, are scared, or simply feel comfortable to, please contact a lawyer yourself for legal advice.
Hopefully you are never in this situation, but if you are, keep records for yourself, be cooperative towards requests, CC emails back to yourself and request received-receipts, and confirm the validity of the lawyer/law firm.
And good luck :)
The first thing you do is check the phone book and find this law firm and call them to confirm that you have a) received their mail, and b) that this is real. Don't use the name and number listed in an email or snail mail, because if you call that and they are fake and you ask if they are real, they of course will say yes we are :)
Of course if it is obvious a law has been broken you agree to remove the content from public view (or from the database).
If the mail is requesting to retain the profile data: Do NOT delete it.
You can delete the user(s) in question from your site (ban & clear profile, or really prune from database). But make a hard copy of their profile first (print it out). If they do not ask you to retain this information I still suggest to make a hard copy, but you are allowed to delete.
If they request for any private details like an IP (host address) or Email address you do not have to give it, unless you have forum rules that state that you do log ip and email addresses and that these are visible by the public. It might depend per country, but if you have forum rules in which you state you respect the privacy of your members you do not have to disclose any personal information unless the members in question give you permission, or against their will with a court order.
You can give these details, the choice is yours .. but you run the risk of the forum member to sue you for disclosing privacy sensitive information without permission, against set forum rules (if any).
As you can see, you might be stuck in between your member(s) and a law firm. And if you have doubts, are scared, or simply feel comfortable to, please contact a lawyer yourself for legal advice.
Hopefully you are never in this situation, but if you are, keep records for yourself, be cooperative towards requests, CC emails back to yourself and request received-receipts, and confirm the validity of the lawyer/law firm.
And good luck :)