Legal Obligations to Release Information

[beaker121]

I have a member who is claiming an abusive ex partner is harassing her via my website.

This has been going on for some time (many months) with both the alleged victim and perpetrator seemingly having numerous accounts or associated accounts ('friends').

I have at numerous times recommended they block the offending user and went on to recommend they leave the website to avoid these problems, but still it continues and for reasons I cannot fathom they won't leave.

I have also had an email seemingly from the police in Australia about this matter.

I am somewhat dubious, rightly or wrongly about this whole thing as I've had attention seekers doing odd things in the past and trying to get me involved in their games.

However, some of my moderators are getting drawn into this and I feel it's causing a distraction. Any tips to end this kind of nonsense?

Also, if indeed this was true; under what circumstances, if any, would I be obligated to release information about a user (IP address etc.) and to whom would it be acceptable to release it to?

[Samizdata]

Welcome to WebmasterWorld beaker121.

I'm afraid you can't really expect legal advice from a forum such as this.

In general, you are under no obligation to release information without a court order.

But if you release information without one, you may be breaching other laws.

And jurisdictions vary greatly around the world.

Your site's terms and conditions may allow you to suspend accounts though.

...

[cbpayne]

My understanding is that you are governed by the privacy laws of where the "publisher" of the forum is based (ie where you are).

I was involved in privacy issue with a police request for information. The request came from another country. I consulted a lawyer in my country (and probably not your country) - it was complicated. My site is hosted in one state; I am located in another state and the request came from another country! The advice I received was that I must adhere to the privacy laws of the state that I, as the "publisher", was based in and risked prosecution under that law if I did not comply.

Under the Act, a court order would have been required to release the info.

In addition, there is the privacy policy I have on the site that those who gave me their private info agreed to.

I responded to the police and they did actually understand my position.

HOWEVER, I wanted to help as it was a nasty situation that needed resolving. ...I did give the police some info to help, but not so much that it might not have quite crossed the line under the Privacy Act.

[beaker121]

Thanks for the responses. My situation would be complex too I guess as I am based in a different country to where my website is hosted, and it's a third different country where this issue is taking place.

[beaker121]

I also don't currently make any money from my website (it costs me to run it) so I don't want to have to fork out for legal advice!

[GoNC]

It may be too late for this now, but after an illegal demand from the local police*, we stopped collecting any and all IP information in relation to usernames. So they can demand it all they want, but we don't have it to give.

In the US, you are under no obligation to release anything without a court order. Even then, I would only give exactly what is in the court order; nothing more, nothing less.

Assuming you're in the US, the police in Australia have no jurisdiction over you, so you have no obligation to give them anything. Tell them you need a court order from a judge in the US before you can do anything.

* I have a rather lengthy description of this online, and can post or PM the link if anyone is interested.

[piatkow]

Leaving aside the legal questions for a second mods should never become involved in a dispute.

If the forum rules are breached delete the post without comment and ban the user if appropriate but it should be clear from the beginning that the mod's decision is final and not open to discussion.