Slashdot Mirror
Ask Slashdot: Undoing an Internet Smear Campaign?
An anonymous reader writes "My fiancee is a professional writer. She has a great industry reputation and everyone that knows her loves her. But her ex-husband has maintained a number of websites in her name (literally, the URL is her name) that are filled with insane ravings and defamatory content. Have you ever had to deal with an internet smear campaign? The results float to the top of every Google or Bing search of her name. He currently lives abroad and cannot be served with legal papers. His websites are hosted overseas as well, and do not respond to conventional letters or petitions. Because of his freedom of speech rights, few U.S. courts will assert that his websites are truly libelous, either, and it's still difficult to prove any real 'damages' are done by it. Still, we'd like to see them go away. I'm turning to the best community of geeks in the world: how do I deal with this given the limited options at my disposal?"
SEO
boom goes the dynamite....
Put up your own website... fill it with good content... get links?
What Happens On The Internet, Stays On The Internet.
"Because of his freedom of speech rights, few U.S. courts will assert that his websites are truly libelous, either, and it's still difficult to prove any real 'damages' are done by it. Still, we'd like to see them go away."
Simple. Form a Corporation using the name. Instant win.
DDOS
Copyright the name, contact ICANN and have the domains yanked.
... is the legal term you're looking for.
A trademark doesn't have to be registered. If she's been writing under her own name for years, then her name is a valuable piece of intellectual property and it's entitled to exactly the same protections as the name of 'Mickey Mouse'.
Of course, that means you need to act quickly before the trademark is considered to be officially diluted or worthless.
IANAL, TINLA etc.
Eh..."reputation management" and SEO have basically been all but outlawed by Google. Just point a bunch of phpld directory links at his site with irrelivant keywords and descriptions...or submit a DMCA takedown request to the search engines.
And obviously neither is the OP: "He currently lives abroad and cannot be served with legal papers. His websites are hosted overseas as well, and do not respond to conventional letters or petitions. Because of his freedom of speech rights, few U.S. courts will assert that his websites are truly libelous, either,
For God's sake begin by hiring someone who actually knows about this stuff instead of relying on what you learned from daytime TV.
Three Squirrels
That's what matters. Maybe she can trademark her name and seize the domain as being confusingly similar, but it's still throwing time and attention at somebody who clearly craves it, for dubious gain.
Try not. Do or do not, there is no try.
-- Dr. Spock, stardate 2822-3.
" This policy has now been replaced with a Uniform Domain Name Dispute Resolution Policy created by ICANN and used by all accredited registrars. Under this new policy, a trademark owner can initiate a relatively inexpensive administrative procedure to challenge the existing domain name. In order to prevail, the trademark owner must show:
that the trademark owner owns a trademark (either registered or unregistered) that is the same or confusingly similar to the registered second level domain name;
that the party that registered the domain name has no legitimate right or interest in the domain name; and
that the domain name was registered and used in bad faith.
If the trademark owner successfully proves all three points in the administrative proceeding, then the domain name can either be cancelled or transferred to the prevailing trademark owner. If the trademark owner fails to prove one of these points, the administrative panel will not cancel nor transfer the domain name."
http://www.bitlaw.com/internet/domain.html
http://en.wikipedia.org/wiki/Cybersquatting
http://blogs.lawyers.com/2012/11/internet-defamation-cybersquatting/
http://www.traverselegal.com/internet-defamation/defamation/what-is-a-defamation-of-character-assessment/#more-129
I'm sure that many laywers will do this for you for $$$, but it may also be possible to have the victim file under ACPA to force the domain names to be given to them
http://cyber.law.harvard.edu/property00/domain/legislation.html
but that may only apply to trademark owners and not defamation victims.
-I'm just sayin'
Check the WHOIS information for the domains. If there is any missing information at all or if the phone numbers or email addresses don't work, you can file a report with ICANN. I have found that many times people will not reply to the complaint which means the domains are shut down within a few weeks.
Maybe she should pick a new name, possibly a business name to work through and notify her current circle of contacts of the change.
http://michaelsmith.id.au
This sounds like a tactic to get you to set a date for the wedding... Being a woman, she would have already through of this as the easy out that once she get's married she'll likely change her last name which would help greatly with this issue. Given you haven't brought that up in your post, I'm guessing she hasn't mentioned it to you. This means that your wedding isn't any time in the near future or a date hasn't been set at all. So, I'm guessing you've proposed at some point but aren't commited enough to tie the knot. Once a big deal has been made of this situation, she will suddenly come up with the 'idea' that getting married will solve things, and the sooner the better.
I'm telling you this because you also need to keep an eye on things in the contraceptive department because if this little ruse doesn't work to get you to hitched, that will be next on the list.
Look, I know a lot of people here claim to know things they don't, but I am posting as Annonymous Coward because I don't have a slashdot account so you can trust that I know a lot more about women than most people her. Stay strong my brother.
I'm pretty sure you meant to post this on /b/
Concrete shoes.
The Mafia (the Sicilian one, not the "MAFIAA") also provides a "clean-up" service that might be useful here....
I've been through this myself...
As a temporary action, get the word out -- literally. Build a site or two of your own on her if needed, e.g, her official site, then get in touch with her fans, list, the press, whatever, and serve them a sensationalist "writer gets libeled online by her ex" story... If they bite, the site with her name in the domain won't get to Google's first page of results with a little luck. Even if it does, the many results that mention the smear campaign on the same page will serve as a counterweight and douse it.
In my case, that was enough to get the domain. In case it's not enough for you to do the same, sue...
Sue the ex-husband for libel, defamation, whatever... but also -- and more importantly -- to recover the domain name. If it's a .com or any other US tld, it's under US jurisdiction and can be seized by a US court; period, end of story -- irrespective of where the ex-boyfriend might be based or hosted. If the MAFIAA can shut down .com domains that serve torrents, and big business can grab domains on grounds that they're too similar to their own, you can shut down or retrieve a domain. Her name is her de facto trademark. Don't just sue the ex-boyfriend, either. Also file complaints with the registrar, the hosting business, etc. They'll take pre-emptive action more often than not when contacted. Consult with an attorney specialized in this kind of stuff, and take action under his guidance.
that the domain name was registered and used in bad faith
The domain name seems to be registered in good faith. Depending on prenuptial agreements, she might have as much claim on the domain name as he has already. A divorce lawyer might be able to help you out (IANAL tho).
That link is about folks who actually did those things and want to bury things that they think a future employer may find objectionable.
In this case, someone is making shit up and defaming someone.
The person asking this needs to have his wife sue. Do not pass go. Go directly to lawyer.
Actually, the example in the article is about a girl that had a common name that was returning search results that were not about her.
"From the article: "Samantha Grossman wasn't always thrilled with the impression that emerged when people Googled her name. 'It wasn't anything too horrible,' she said. 'I just have a common name. There would be pictures, college partying pictures, that weren't of me, things I wouldn't want associated with me.'"
Might I suggest hosting the site in third world country without diplomatic ties to the U.S. or any of the countries he lives (or has lived) in. Have the site host the most vile and disgusting human perversions... links to NAMBLA, Neo-Nazi Organizations, Satanic Churches, and perhaps Skat-Play with Enema Porn as a cherry on top. Attack all good and reputable organizations you can think of. In short, make it a festering sore on the ass of the universe. Have the site advertise in papers in his local town. Have a man with a thick accent, call him or email him with a demand for 10 $1,000 checks to close down the site (checks must have "Pay To" left blank.)
Fill checks out to grotesque organizations and institutions and make donations. Send Anonymous letters to local newspapers about the "Monster" living in our midst. When it comes out that he's only getting what he's giving... he'll be a social pariah. He started this, the best he can do is complain that he's getting better than he's giving. Make certain you appoint an MC and never contact them again. You know nothing about this, have nothing to do with this and don't care to be a part of the drama he's created. Of course this could easily escalate into death and dismemberment. Not to mention the bad karma.
A better ploy would be to Create a Nonprofit Organization for the protection of people from Stalkers, Abusers, and Infantile Ex's who seem to be unable to move on with their lives. Use his sites and his attacks as examples of the evil idiocy perpetrated by angry men with small penii, and explain that people being abused by the small minded and even smaller hearted need to stick together and expose the Bozo's publicly. Speak with your Senator about passing a law that prevents this kind of abuse in country and contact the nation he's in to inform them that he's using their infrastructure to perpetrate evil acts half way around the world. Take the high ground. Help people. Show him compassion he doesn't deserve. Send him pictures of you smiling and thank him for inspiring you to create an organization to help women being abused by Idiot Exs. Let him know he's made you a better person, stronger, happier. Thank him. It'll drive him crazy.
My suggestion is to hold off until you've been married to her for a year or so - that way, you can better determine whether her ex-husband's statements are indeed a smear campaign or are rooted in fact.
#DeleteChrome
claim trademark to her own name
it might have been registered in good faith, but it doesn't sound as though it is being /used/ in good faith. Thus, ICANN's rules apply to the situation (assuming the situation was described accurately).
Yep, SEO the shit out of the sites, in the most transparent, sure-to-get-a-site-delisted ways possible. Internet Judo, use his strength against him. Since they're on top, it's not like you can make it any worse, and it also means you don't have any direct contact with the guy--it's Google/Bing delisting him, not you. Anonymize the WHOIS information, and deny any knowledge if the guy contacts you. "What, you put up a site saying bad complaining about me? Weird, man, but whatever floats your boat. Good luck with that I guess."
And of course if Google/Bing contact you, just say, "I've been contracted to make this the top result, if you try to delist this site you'll be hearing from my lawyers." They already know you can't do jack, and they'll enjoy tweaking "your" nose and you'll find the site delisted in short order.
Other alternatives
DDOS: Illegal, don't be an idiot. Also feeds the troll, you know better than that don't you?
Register trademark & use ICANN: You're rolling the dice here, feeling lucky?
Anything + lawyer: Probably best chance of success, once you sue successfully it just makes further suits easier if he's dumb enough to stick a fork in the toaster a second time. But keep in mind, these guys do not understand the Streisand effect, and what's more, many probably actively want it. Free publicity for them, and then you have to pay!
Completely ignore it: Probably the best option. People get bored. He's doing this to get a rise out of someone who rejected him. Chances are good he'll escalate when he doesn't get the reaction he wants. If he goes big enough, you'll be able to catch his hand in the bear trap of the court system, otherwise just keep ignoring it. Escalation means you're winning. If he's quietly running the same site 3 years later, well, then you're dealing with a patient, smart, asshole, which is pretty much your worst nightmare. Good luck.
<xml><I><am><so><damn>Web 2.0</damn></so></am></I></xml>
Hasn't stopped the RIAA from claiming copyright on songs they don't own or represent, to include public domain works.
When I was looking to register my unusual last name as a domain, a squatter snapped it up before I could register it. I guess they troll whois lookups somehow. I now have ($name).org and ($name).net, but .com is registered to the squatter. For now, the .com site has some harmless ads, but I suppose that could change. The squatter also maintains a site which tries to extort "hosting" fees if you want to use one of the 2,000 domains he owns.
Several trademark owners filed complaints about this squatter (one of them was Google) and all of them won and had the domains transferred. The proceedings of each arbitration can be read online, and in each case, the squatter put up some ridiculous defenses which the arbiter easily shot down. According to the UDRP Wikipedia page, arbitration costs about $2-4k in legal fees. Since the domain doesn't host anything defamatory, it's not really worth the cost to try and get ownership, but if it did, I'd probably consider filing a dispute.
That's only the first half of it. First, file a legal trademark on the name. Then file a UDRP complaint and take the domain.
Check out my sci-fi/humor trilogy at PatriotsBooks.
Long ago and far away, a Google for my real name turned up about ten pages of results that were me, before getting around to anything that wasn't. Of course, those pages dealt with different bits of me, so there could still have been some confusion over whether they meant the technologist with my name, or the writer with my name, or the music journalist with my name, or the photographer with my name, or the foreign-affairs sort with my name - never mind that they were all the same person.
In the last few years, Google has managed to find people with the same name who aren't actually me, so there's a brain surgeon, a rugby player, and a soccer player, as well as a bunch of youthful sorts half a world away. At the same time, I've been a little more careful about the "make this visible to search engines" boxes on sites. So now, Googling my name finds a variety of people, most of whom aren't me.
I would suggest that the OP and his fiancée create five or ten online identities with the same name that her ex refers to, with details that don't match her real identity, but do match (or at least are ambiguous about matching) things her ex is saying. Give people reason to stop and doubt whether the person being badmouthed is that one, or some other one.
Village idiot in some extremely smart villages.
... unless the material can be proven libelous (and even then it will be a long, ugly battle). If people like Rick Santorum can't make the spreadingsantorum.com site go away, you're not likely going to make yours go away. Your best shot will be to get a positive site ranked higher using various SEO tactics.
Angry at an ex? Angry at an employer? Angry at your neighbor? Pissed off that you hit on a guy and he wasn't interested and shot you down? You can easily ruin someone's life by just posting shit about them on a site called the Rip Off Report. Google curiously gives them incredibly high page ranking, but the site is nothing more than a scam. They NEVER REMOVE ANYTHING and they're proud of it. Even if you go to court. And you can be anonymous, while putting up real information (including name, etc) of your "target". It'll sit there forever. It'll get ranked high up on the first page of Google. They exploit shady SEO practices. And the only way they'll work with you is IF YOU PAY THEM for a "partnership service" that they advertise. Reportedly, it's around $5,000 -- give or take.
You can google for all sorts of controversy regarding it. It has ruined a lot of people's lives -- and you're not even dealing with international issues or anything.
I had someone defrauding users on my site, once. I banned them for it and next thing I knew, I had a really scummy "review/complaint/whatever" on this site. Absolutely no recourse and the other person is anonymous (though, obviously not -- since I recognized their insane babbling just like the hundreds of emails they sent me for a year after they were banned).
It's really really shady shit and I don't think they're the only site that does it.
I tend to agree with the AC, since the second amendment appears to protect the "right to harass" as well as the "right to offend", the law is not interested. So you either suck it up, or sort it out yourself with the less civilized eye for an eye protocol. No need for guns or friends in the intelligence community (since you know ehere he lives). Just tell your story at the local bar, someone will know where to hire a "wrecking crew" to redecorate his home office whilst giving him a lecture on how quickly life turns to shit when people use "free speech" as an excuse for their bad behavior. $500 tops with no hospital grade violence, slime ball will be back in his box before you can finish your beer.
Thing is, you no longer have the option of cheap, efficient, "natural justice". By posting the story on Slashdot you have already committed yourself to fighting him indirectly, and worse still, on his home ground.
And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
I can't find a link.
Good for you, man. It would've probably cost you 300 Euros.
They are cheap in most places defined as "abroad".