Online Reputation Management and the Law

Elixir Interactive has engaged the services of Arizona Attorney’s Snell and Wilmer to act for them in this matter.  They are currently talking to the attorneys about their options.  The situation is complex due to the criminal intent which can be proved in some of their assailant’s actions.  Due to this and the report on file with the FBI Elixir cannot discuss the current actions from a legal perspective.  As the situation progresses they will may share relevant information which will not jeopardize the ongoing legal investigation.

General Information:

Although some complaint sites hide behind CDA230, there may be some legal recourse if your company falls under attack. If you know the identity of the individual attacking you, the same legal courses of action regarding libel and slander are available. If your copyrighted content is posted anywhere in the report or complaint, you can contact the site owner and inform them of the violation. Most of the time they will take down the complaint, however if they leave the complaint with copyrighted content you may contact a lawyer and follow legal channels for any clear violation. Also file a DMCA with Googleregarding any copyrighted content infringements; this will help clean up the results.   Its most unfortunate but Intellectual property has much more protection online than an individuals reputation.

Here is how the legal process works in the case of a malicious detractor:

• Detractor posts false slanderous information on complaint site or blog, detractor uses false contact information and an untraceable IP.
• Victim contacts the site for information.  Site advises the victim to seek legal advice to handle the situation
• The only option for the victim is to go to court and obtain a subpoena from the court to obtain the poster information from the site
• The poster information is false and fabricated the victim cannot sue them as they are not traceable.
• Victim goes back to court to prove their innocence.  Court orders sites to take the information down
• Sites refuses to take down the false report.

Result: Victims has no recourse, no due process and no remedy, false content stays.  Victim pays a hefty legal bill.

NOTE: Elixir Interactive does not give legal advice. The above statements are the result of direct experience with online reputation management campaigns and the recent attacks on Elixir Interactive. Every situation is different and only a qualified attorney familiar with both your specific jurisdiction as well as digital media law will be able to advise you.