The new forums will be named Coin Return (based on the most recent vote)! You can check on the status and timeline of the transition to the new forums here.
The Guiding Principles and New Rules document is now in effect.

Forum Administration/Legal Help

Steve BennettSteve Bennett Registered User regular
edited December 2008 in Help / Advice Forum
This question is for forum admins of big popular forums, and particularly admins of PA forums if they're reading.

I run a small forum on a website for a video game that my team and I are making. We often have random spam threads posted on our forums, which I find within a couple days and delete. The spammers are able to overcome CAPTCHA verification, and email confirmation to register.

Today, one or many people/bots spamed the forums with a couple dozen threads with titles and content pertaining to things of an illegal pornographic nature. Pictures were also linked, although I'm not certain if they were actually illegal as I didn't analyze them - I just deleted the posts as fast as I fucking could.

I have recorded the IP address of the user accounts that made the threads (all the same IP). I have also shut down the forums entirely.

My question is, what do I do now? What am I required to do now? Technically, I'm honestly not certain anything illegal actually occurred. I guess I want to know if there is an established, expected course of action that forum admins are supposed to do in this situation.

Some might think I should definitely report this to police, but that may be a bit naive.. about 5 years ago a friend of mine ended up with similar content on a file server of his which, despite deleting and banning of users, it took 2 years of court trials and $10k in legal fees to prove his innocence, and he and his family will never recover from the public humiliation (it was on the news, and they were all pariahs after.. serious shit). I don't want that, thanks.

Steve Bennett on

Posts

  • bowenbowen Sup? Registered User regular
    edited December 2008
    I would think as long as you're taking action they can't hold you responsible. As far as I was aware the only person who incurs legal fees is the person who is trying to sue.

    Also, most of these work by having someone go around signing up on these forums to bypass these captcha sort of systems and then they give the pws and stuff over to bots. Just an fyi.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • PeregrineFalconPeregrineFalcon Registered User regular
    edited December 2008
    I've never had the proverbial shit hit the fan, and IANAL, but I think the precedent is that administration is not responsible for the content posted by their users; if anything infringing/illegal is posted, they have to show due diligence in getting it deleted ASAP.

    Having infringing content hosted on your servers as opposed to linked from your site is different though; that's Serious Business to a much higher degree.

    Again, IANAL, and you may wish to call someone who is.

    PeregrineFalcon on
    Looking for a DX:HR OnLive code for my kid brother.
    Can trade TF2 items or whatever else you're interested in. PM me.
  • Steve BennettSteve Bennett Registered User regular
    edited December 2008
    bowen wrote: »
    I would think as long as you're taking action they can't hold you responsible. As far as I was aware the only person who incurs legal fees is the person who is trying to sue.

    Distribution, son. Criminal offense punishable by up to 10 years in prison. Legal fees were to pay a lawyer to defend him.

    Steve Bennett on
  • bowenbowen Sup? Registered User regular
    edited December 2008
    I've never had the proverbial shit hit the fan, and IANAL, but I think the precedent is that administration is not responsible for the content posted by their users; if anything infringing/illegal is posted, they have to show due diligence in getting it deleted ASAP.

    Having infringing content hosted on your servers as opposed to linked from your site is different though; that's Serious Business to a much higher degree.

    Again, IANAL, and you may wish to call someone who is.

    Which is probably why PA doesn't allow people to upload files.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • EndomaticEndomatic Registered User regular
    edited December 2008
    bowen wrote: »
    I would think as long as you're taking action they can't hold you responsible. As far as I was aware the only person who incurs legal fees is the person who is trying to sue.

    Also, most of these work by having someone go around signing up on these forums to bypass these captcha sort of systems and then they give the pws and stuff over to bots. Just an fyi.

    Out of curiosity, are these the same people that advertise those online data entry jobs?

    Endomatic on
  • bowenbowen Sup? Registered User regular
    edited December 2008
    Endomatic wrote: »
    bowen wrote: »
    I would think as long as you're taking action they can't hold you responsible. As far as I was aware the only person who incurs legal fees is the person who is trying to sue.

    Also, most of these work by having someone go around signing up on these forums to bypass these captcha sort of systems and then they give the pws and stuff over to bots. Just an fyi.

    Out of curiosity, are these the same people that advertise those online data entry jobs?

    I've actually hear it passed around here and other forums. They probably are linked somehow. A paycheck is a paycheck I guess.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
  • PirateJonPirateJon Registered User regular
    edited December 2008
    This is lawyer land. If you don't have one on retainer, get one and ask her.

    PirateJon on
    all perfectionists are mediocre in their own eyes
  • ThanatosThanatos Registered User regular
    edited December 2008
    I've heard stories of this happening, but it always seems to be a "friend of a friend" it happened to. I've never actually read a news story about it, seen any sort of police report about it, or anything like that.

    It is something of unexplored legal territory, to my knowledge, but I really don't see why a prosecutor would press charges for something like that, unless they were being completely unreasonable (which, don't get me wrong, has been known to happen with prosecutors).

    Thanatos on
  • Steve BennettSteve Bennett Registered User regular
    edited December 2008
    Thanatos wrote: »
    I've heard stories of this happening, but it always seems to be a "friend of a friend" it happened to. I've never actually read a news story about it, seen any sort of police report about it, or anything like that.

    It is something of unexplored legal territory, to my knowledge, but I really don't see why a prosecutor would press charges for something like that, unless they were being completely unreasonable (which, don't get me wrong, has been known to happen with prosecutors).

    It was my good friend, and I can answer any detail about it. Rest assured it was real. Part of the issue was that when it was found, a large scale investigation was launched (the unit of police fighting that was newly formed and granted tons of funding). My friend cleared the content within a couple days of the incident (it was found by/reported to police same day), but they kept monitoring for the next month, I suppose thinking he was some kind of kingpin or something. After nothing more turned up, and they had spent so much money, they decided to move forward against him anyway, and didn't want to turn back for looking stupid I suppose. The laws were somewhat gray at the time, and people are blinded by fear/anger when it comes to that stuff.

    But, Thanatos, as a mod, what is your defined procedure if you were to find something like that on these forums?

    Steve Bennett on
  • PeregrineFalconPeregrineFalcon Registered User regular
    edited December 2008
    Not to speak for Than, but as an admin on %Other_Large_Forum%, we record the username, IP, anything that can be gleaned from the WHOIS on the linked site, the nature of the offense, the site name, but obviously not the content or absolute URL itself. Then it's permaban time.

    If it's something more serious than warez/goldfarmer/ch34p v14gr4 spam, then we file a complaint with the holder of the domain/ISP of the poster.

    PeregrineFalcon on
    Looking for a DX:HR OnLive code for my kid brother.
    Can trade TF2 items or whatever else you're interested in. PM me.
  • ThanatosThanatos Registered User regular
    edited December 2008
    Thanatos wrote: »
    I've heard stories of this happening, but it always seems to be a "friend of a friend" it happened to. I've never actually read a news story about it, seen any sort of police report about it, or anything like that.

    It is something of unexplored legal territory, to my knowledge, but I really don't see why a prosecutor would press charges for something like that, unless they were being completely unreasonable (which, don't get me wrong, has been known to happen with prosecutors).
    It was my good friend, and I can answer any detail about it. Rest assured it was real. Part of the issue was that when it was found, a large scale investigation was launched (the unit of police fighting that was newly formed and granted tons of funding). My friend cleared the content within a couple days of the incident (it was found by/reported to police same day), but they kept monitoring for the next month, I suppose thinking he was some kind of kingpin or something. After nothing more turned up, and they had spent so much money, they decided to move forward against him anyway, and didn't want to turn back for looking stupid I suppose. The laws were somewhat gray at the time, and people are blinded by fear/anger when it comes to that stuff.

    But, Thanatos, as a mod, what is your defined procedure if you were to find something like that on these forums?
    I don't know that we've ever had anything actually, genuinely illegal turn up on the forums. Sure, some porn and stuff (legal), but I can't think of anything else.

    Probably ban the account, trashcan it, maybe report the IP to the police & ban it, but odds are they're using a proxy, anyway, so it probably wouldn't do much good.

    Thanatos on
Sign In or Register to comment.