[kictanet] Fwd: a question of the communications act

Thu Jul 12 21:19:48 EAT 2012

Collins

No way around that unfortunately..If I were you I would pursue this in court because even though you may not know the author you know the Intermediary. Google may perfectly be within their rights in this particular case. I am sure their legal department takes cases like this very seriously.

Thing is Collins that someone somewhere must take a stand on some of these postings in the blogosphere. Creative license and freedom of speech is well enough and good but if it is abused then the person who feels wronged also has the same freedom to take corrective action within the confines of the law.

On a light note...Am I seeing a case study Collins vs Google & unnamed Blogger? :)

I say go for it bro!

Ali Hussein

+254 773/713 601113

Sent from my iPhone®

On Jul 12, 2012, at 8:39 PM, Collins Areba <arebacollins at gmail.com> wrote:

> I do not know if it is a function of having this discussion here, or the time zones on their end but responses are coming in swift and fast. Since I may not be able to attend the said meeting, I will continue to serialize communication (generic info only) for purposes of reference and for future reference. 
> 
> here is the official response on my request for information about the author from google for appropriate action: 
> 
> Thanks for reaching out to us.
> Please note that this team does not handle production of user information.
> The information you are requesting is subject to state and federal laws.  In accordance with those laws, it is Google's policy to only provide subscriber information pursuant to a valid third party subpoena or other appropriate legal process.
> We accept civil subpoenas by registered mail or personal service. We are unable to accept service by email, fax, or any form of electronic service at this time.
> Civil subpoenas may be served at the following address:
> 
> Then of course their California address.... The saga continues. 
> 
> On Thu, Jul 12, 2012 at 7:42 PM, Victor Kapiyo <vkapiyo at gmail.com> wrote:
> Collins,
> 
> This is an interesting case which as has been pointed out, highlights some of the challenges of enforcing the law on the internet.
> 
> It would help your case if you could figure out the identity of the person, by elimination perhaps or private investigators - then sue them for what its worth.
> 
> As for Twitter and Google, well, it is not enough to make a complaint.
> 
> Bottom line, you need to follow due process, so you might as well get the Court Order, since it is for the Courts to decide whether the posts do give rise to any cause of action as otherwise the author is within his or her rights and freedom of expression  as guaranteed by the Constitution.
> 
> If the revelation on the site isn't too damaging, then just manage the PR and move on, like some may after reading Migunas book.
> 
> Victor 
> On Jul 12, 2012 6:56 PM, "Collins Areba" <arebacollins at gmail.com> wrote:
> I filled in the form labelled "abuse report" and finally got a response from google. It however seems they have set me up on an endless if loop, Please see below the response in brief. The reason for contacting them in the first place being that the author of the said blog threw stones and is hiding under the table, only Google knows who it is. KE office is well aware of the situation, just wondering what role CCK and the court system play in such a case... 
> 
> Hello,
> 
> Thanks for reaching out to us.
> 
> Thank you for writing in regarding content posted on BlogSpot.com. We
> would like to confirm that we have received and reviewed your inquiry.
> 
> At this time, Google has decided not to take action based on our policies
> concerning content removal. If you choose to pursue legal action against
> the individual who posted this information and that action results in a
> judicial determination that the material is illegal or should be removed,
> please send us the court order so that we can take appropriate action.
> 
> If a contact email address is listed on the blog, we also recommend you
> working directly with the author to have the content in question removed
> or changed.
> The one issue that bugs me is , who takes responsibility when a web platform that exists on privacy is used for libel-able issues?
> 
> 
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