There are many reasons as to why a person would need to remove certain content from the Internet. In some cases a personal disagreement may escalate to the point where one party decides that it would be a good idea to spread lies, falsehoods, and other untrue information online. In other circumstances, an individual may draw the ire of group of Internet vigilantes who decide to “dox” the individual by publishing an array of personal and potentially protecting information online. This information can include the target’s name, address, Social Security number, financial account numbers, medical records, place of employment, and many other personal details. In still other scenarios a youthful or momentary indiscretion may have resulted in the publication of statements, images, or other materials that are compromising or cast the individual in an unfavorable light.
In short, there are many reasons as to why a person would want content removed from the Internet. However, regardless of how the content was posted one constant remains: the affected party wants the defamatory or sensitive information removed as quickly as possible. Unfortunately, many people don’t know the best way to accomplish this goal or whether they need a lawyer.
While certain content removal actions could be handled by a non-lawyer, working with an attorney provides the targeted party with additional options in how they can approach the problem. Furthermore, if legal action such as the filing of a subpoena becomes necessary, the attorney will already be familiar with your matter and will not have to orient him or herself with the particular facts and details. The Internet defamation removal attorneys of Internet Defamation lawyers of Meyers Roman Friedberg & Lewis, LPA, can explain viable removal strategies, whether legal or non-legal, and take action to get the offending content removed. To schedule a no-charge, no-obligation consultation call us at (216) 831-0042.
In some circumstances it may not be possible to work with the site to remove the content. In other cases, the target of the wrongful conduct may wish to unmask their online abuser so that he or she can pursue legal action to hold the individual accountable for their wrongful conduct.
While an individual can proceed as a pro se, it is often inadvisable to do so because most laypeople are unfamiliar with the court system or the law. The lay person is likely to be unfamiliar with the subpoena process and he or she may waste significant amounts of time and energy attempting to determine how to proceed. Furthermore, he or she may fall into common legal pitfalls such as attempting to hold a website featuring user-generated accountable for the content. Per Section 230 of the Communications Decency Act, the site cannot be held accountable for material or this type and it may even result in a counterclaim against the filer.
If you wish to file a copyright takedown claim under the Digital Millennium Copyright Act, similar concerns regarding a lack of familiarity with the process exist. Consider that a legally deficient DMCA filing is unlike to secure the result that a party facing infringement wants to achieve. Furthermore, an inappropriate or false DMCA claim can lead to similar adverse legal consequences. That is, an inappropriate filing can result in a counterclaim and damages being paid by the party that originally filed the takedown request. Furthermore, since the DMCA is filed under the penalty of perjury, abusive DMCA requests can also be met with criminal sanctions.
In some circumstances where you are the victim of a crime such as where sexually explicit photos are posted of an underage subject or in instances of revenge porn, it may pay to work with an attorney. In difficult and anxiety-filled situations like these where you simply can’t bear to handle the fallout created by a crime against you, our attorneys can act on your behalf to remove the materials the materials as quickly as legally possible. Furthermore, our attorneys can take appropriate steps to ensure that relevant evidence is received by state or federal authorities so that evidence can be preserved and, if appropriate, charges against the offender can be brought.
Facing online defamation, having one’s intellectual property infringed upon, or being the victim of a crime are all situations where it may be prudent to consult with and hire an attorney to get something removed from the Internet. Likewise, if you plan on holding the party responsible for the posting of the offending material an attorney can work to unveil the identity of the abuser while marshalling evidence to support your case. If you have concerns about materials posted online contact the attorneys of Meyers Roman Friedberg & Lewis, LPA for a free by calling (216) 831-0042 or contact us online. We guarantee the removal of the offending content or you will receive your money back.