take down notices
A take down notice or a notice and takedown refers to a legal process whereby a ISP is required by law or on the simple request of a person to remove internet content that is offensive or unlawful. The request is either based on a legal process or from an individual themselves.
In South Africa take down notices are governed by Section 77 of the Electronic Communications and Transactions Act (ECTA). The Internet Service Providers Association (ISPA) can be approached with a take down notice in accordance to Section 77 of the ECTA.
Social media
Investopedia.com describes social media as "a computer-based technology that facilitates the sharing of ideas, thoughts, and information through virtual networks and communities. Social media is internet-based and gives users quick electronic communication of content, such as personal information, documents, videos, and photos."
Social media is predominately the medium on which people communicate on and therefore most notice and take down applications is directed at social media ISP's.
global notice and takedown
GP Bouwer attorneys specialises in the legal aspects of global notice and takedown applications. It is not an impossible task. With the right amount of knowledge and legal application most ISP's such as facebook, youtube and twitter, to name a few, can be served with competent and successful notice and takedown application or orders.
Gone are the days when foreign jurisdictions were insurmountable legal obstacles to launch effective litigation against ISP's. The development of ICT law or better known as the law of the internet, has now facilitated global reach for citizens of any country wishing to litigate against ISP's who are found in jurisdictions foreign to their own.
cyber Stalking take down
Cyberstalking is the most extreme form of online abuse. It can be described as a collective onslaught on the reputation, wellbeing and security of a person or organisation, through the utilisation of false online accusations, online defamation, slander and libel. Online monitoring, identity theft, threats, vandalism, solicitation for sex, doxing, and blackmail are all tools of the trade used by cyberstalkers.
The perpetrators of cyberstalking more often than not, are anonymous and seek to destroy the the reputation and identity of businesses and the people they target. Their motivation can range from personal revenge to discrediting the competition to gain market share or to simply destroy their businesses as a whole.
Perpetrators of cyberstalking are the most complex to successfully serve a notice and take down on. Although the ISP's can be effectively approached, the anonymity of the perpetrators mean that they simply morph into another identity and continue their cyberstalking.
GP Bouwer attorneys follows a multidisciplinary approach of cyber forensics and forensics investigation to identify the cyberstalker and successfully serve the notice and take down.