If You Want To Keep A Secret, Don't Publish It

Have you ever heard the old saying

I had a friend, and I had a secret. I told my friend my secret - and now, I have neither a friend, or a secret.

Occasionally we see signs of naivete, in Blogger Help Forum: Something Is Broken.

I have a private blog! Why do I see my blog listed in Google?

or

I distinctly set my blog to be invisible! Why is my blog being indexed?

Not all blog owners know that neither the "disallow" statement, in "Robots.Txt" - nor the "noindex, nofollow" directives, in our blogs - are mandatory.

If you publish content on the web, chances are it is - or will eventually be - indexed somewhere, by some search engine.

Obedient search engines won't index content, when instructed.

Obedient search engine robots will observe the Google privacy directives, such as "noindex, nofollow" directives in HTML code, and the instructions in the "robots.txt" file. Not all robots are obedient, however.

There are many search engines besides Google - and not all search engines observe privacy directives.

The various robotic processes, which scan for abusive content, scan all blogs and websites out of necessity. Some archiving robots archive everything - not just content that's provided openly.

Many search engines share indexed content - obedient, or not.

Many search engines share data with other search engines, and / or retrieve data from other search engines. Even Google will index some sites, indirectly, that are not intended to be indexed.

Ownership and privacy laws vary - from country to country, and between Internet services. What you consider private (personal data), if you live in Germany, may be treated as common knowledge, by someone in Russia, or the USA. And if you report someone publishing your private data to Blogger / Google, you may get different treatment than from WordPress, or from an independent hosting service in China.

If you publish content, expect that it will be indexed.

If you want to keep a secret, do not publish your secret on the Internet. Regardless of whether you publish it to a blog with designated readers, using the Blogger dashboard Privacy settings, or even using a custom "robots.txt" file, your secret may be visible on any search engine - even on Google.

If you think the Internet is your friend, try publishing a secret there. You will learn the truth, eventually. And hiding your secret, after it gets out, will not be an easy task.

Complaint Volume Affects Speed Of Abuse Resolution

We see various complaints, in Blogger Help Forum: Something Is Broken, about perceived poor response, in removing offensive blogs.

I've reported this blog, repeatedly, for impersonating me - and it's still online!

or

That other blog was removed from service after only a couple of days! Why is this blog still online??

These bloggers do not understand that complaint volume, against different blogs, can affect how promptly Blogger Policy / Google Legal can take action, and remove problem blogs.

Various details affect how many complaints are placed, against any blog.

• Offensiveness. A blatantly offensive blog will offend more people - and will be reported by more people, than a mildly offensive blog.
• Traffic. An offensive blog that gets hundreds of hits daily will be seen by more people, than a blog that gets a few hits daily - and will be reported by more people.
• Victims. An offensive blog that attacks hundreds of people will get reported more than a blog that is only personally offensive, to a few people.

Each of these minor details will cause some blogs to attract more complaints - and to be examined sooner, by Blogger and by Google staff.

Blogger Policy Review and Google Legal prioritise blog investigation, based on complaint report volume.

Blogs which get hundreds of complaints will receive attention sooner than blogs which only get a few complaints. In some cases, the complaint volume may even be used as a major factor, in the final decision to terminate the blog. This is simple business practice, and one more principle of Risk Management.

Knowing that complaint volume affects resolution speed, do not make unnecessary multiple complaints - maybe under multiple accounts or names. Google Security uses sophisticated traffic analysis techniques in dealing with denial of service attacks - such as referer spam, and brute force password guessing. They can apply similar techniques to determine that multiple abuse complaints, against specific blogs, are coming from one person.

Don't subject your computer, or Google account, to placement in a "Denial Of Service" complaint offender database, from detected multiple attempts to have a mildly offensive (or personally offensive) blog deleted, for odd reasons - such as you need to delete your blog, but forgot the password.

Don't misuse the abuse reporting system. Remember that the other blog owners have rights.

Report an offensive blog once - then, be patient. And let Google Legal objectively evaluate the content of the blog in question.

DMCA Violations Must Be Appealed

Some blog owners don't understand the severity of DMCA violation citations.

We see occasional naivete, in Blogger Help Forum: Something Is Broken

I got email

After reviewing your account, we noticed that you have violated the terms of service frequently: http://www.blogger.com/go/terms. And where we have sent you several warnings about these abuses and offered you information about our policy towards repeat infringers, we were forced to disable Blogger service provided to you. Thank you for your understanding.
- Blogger Team

Why can I not login to Blogger, now?

This blog owners, and too many others, do not understand about the severity of repeated DMCA / TOS violation, upon their Blogger / Google accounts.

Too many blog owners simply accept the occasional deletion of their posts, and continue publishing.

I deleted the problem posts, whenever warned. Why did I get the notice about "you have violated the terms of service frequently"?

They do not understand that simply deleting a post, when cited for DMCA violation, is the same as entering a "Guilty" - or maybe "Nolo Contendere" plea, in a court of law.

Problem posts, when repeated, make the blog owner look like an intentional, non repentant spammer, mapping out the boundaries of what is accepted.

If your blog is cited for DMCA violations, it's to your benefit to appeal the citation - and hope that you're found innocent.

Of course, if you're guilty of DMCA violations, you'll have no valid recourse, other than starting over - maybe with another Blogger account / blog, maybe with a blog or website hosted elsewhere. That's your choice.

If you remain in Blogger service, you will be expected to clean up your act.

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DMCA Complaints Require Precise Examples

Occasionally we see confusion and impatience, in Blogger Help Forum: Something Is Broken, about previously submitted DMCA complaints.

I have repeatedly submitted a complaint about "offendingblog.blogspot.com" - and nothing is done! How long must I wait, for results??

We should start by noting that Google staff attention cannot ever be promised immediately - but if a valid complaint is submitted, repeatedly, with no results, maybe the problem is in the presentation of the complaint.

Blogger Policy Enforcement staff advises us that a DMCA complaint, when submitted, needs to include precise and specific examples of the perceived problem. Each example should be described in two parts.

1. A precise example of some content, in your blog, that was copied.
2. A precise example of some content, in the offending blog / website, which matches #1.

Instead of guessing or combing through your blog, then through the offending blog / website, and searching for matching content, the Blogger analysts time is better spent taking your complaint and submitting the complaint to Lumen (pka "ChillingEffects").

You know how you have been offended - so tell Blogger exactly how you have been offended, in the DMCA Complaint which you submit.

As always, do not submit frivolous DMCA complaints - your bank account may require discretion.

And be careful to use the right complaint procedure. DMCA Complaints are for very specific and genuine copyright violations. Other offenses must be reported, using different procedures.

Abuse Reporting - Precision Is Required

Every day, in Blogger Help Forum: Something Is Broken, we see the complaint

I've been reporting this abuse to Google for a week, and I have yet to see a reply - or a result. What is up with that?

This is possibly somebody who does not know what abuse category to use - or who maybe can't find the right category.

Over a year ago, we learned the difference between Defamation and Impersonation.

• Defamation (ridicule, slander, trash talk) is a civil offense, and requires that you hire a lawyer.
• Impersonation (identity theft) is a TOS offense, and can result in termination of an offending blog.

Impersonation is one of eight categories, each well defined. When you report a serious offense, that can have legal consequences - such as Impersonation, which can result in Google terminating an offending blog - your report has to be carefully scrutinised by Google Legal.

Similarly, if you report a blog for publishing private information, the nature of the reported "private" information will be verified. DMCA complaints are handled outside Google - and must be reported with absolute precision, and attention to detail.

If you report one category, because "it was the closest choice that I could find", and Google Legal finds no cause for action, your report gets ignored. If you report the same problem repeatedly, you may go onto a list that you don't want to be on.

The bottom line here - if you have a problem, make sure that your problem fits the chosen category, accurately. Don't just guess, here - you won't get anything out of the experience, except frustration.

Blogger Magic - Reporting Abusive Blogs Or People

The Internet Is a wonderful thing - it has brought many people, from many lands, together, ignoring geographic and political limitations. Unfortunately, "many people, from many lands" is not always a good thing. In any group of people, there will be people who do not know or understand each other - and there will be conflict.

Blogger / Google has given us tools to report a problem, when we experience conflict - and when that conflict involves someone else, misusing a Blogger blog. These tools were developed on an "as needed" basis - so don't expect them to be well defined, and well instructed, in every problem which you may have. And, you have to use these tools correctly - they are not magic.

If you report a problem, with a blog or a person, you have to report the problem properly - and you have to understand the limitations, both legal and realistic. Abuse reporting is not magic - you cannot wave a magic wand, and make your problems go away.

There are several possibilities, which you need to consider.

• DMCA Violation. A DMCA Violation complaint is for obvious, and definable copyright or trademark violations. A DMCA Violation complaint can be filed against any Blogger / non Blogger blog or website.
• Blogger / Google TOS Offense. A TOS Offense complaint is for any Blogger blog, which is offensive in specific categories. A TOS Offense complaint can be filed against a Blogger blog or Google website, only.
• Any other complaint, that you may have, is a civil issue - between you, and the offending parties. Blogger / Google cannot assist you, in this case.

Use the right form, and the right reporting selection. We have the DMCA Violation Report, and the "Report Abuse" wizard, and they each have a different purpose. Within "Report Abuse", there are distinct reporting categories. When you report a problem, you need to use one wizard, or the other - and to select the right categories, when available.

If you submit repeated and blatantly inappropriate reports, you may be perceived as a spammer, conducting a denial of service attack against the reporting process - so submit one complaint, properly chosen and written.

Be realistic. Blogger / Google has to investigate, and verify your complaint - and the other party in the dispute has to have a chance to defend himself. This will require time - and may not produce favourable results, for you, personally.

Don't expect miracles. Any immediate and physical problems need to be reported to your local police agency, as they are the ones responsible for your physical safety. And when you deal with an Internet based threat, remember that there are many website hosts. Just because Blogger / Google is being used, right now, in your personal situation, does not mean that your attacker will only use Blogger / Google, in the future.

If you don't find a clear and well defined reporting category for your complaint - or if you don't get immediate or favourable results after submitting your complaint, you may do best to hire a lawyer - and when you do, choose one who is experienced in Internet legal situations.

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Our Ability To Blog Anonymously Is Confirmed

In a recent statement in Blogger Help Forum: How Do I?, Blogger has confirmed our right to publish our blogs anonymously.

Our policies aren't pro-stalker, they are pro-respecting the privacy of user information. We simply can not release information without due process.

Since this is a legal issue, you'll have to follow appropriate legal channels. Sorry we don't have an easier answer at this point, but I hope you can understand where we are coming from in terms of the importance of respecting privacy.

The promise of anonymity is an important reassurance for those who wish to publish blogs, without fear of being identified.

Anonymous blog owners can only be identified based on proper court order.

Only properly issued governmental court orders will result in blogger identification. We also note a previous advice.

we do not give out contact information for the owner of a blog

If you require the identity of any blog owner, get a lawyer, and / or an order from a judge. Or, do some detective work, on your own.

Blogger Support will not contact an owner, based on your request.

Blogger Support cannot unilaterally take your word as justification of your need to contact the other party. In addition, they cannot consistently contact all blog owners, when necessary.

You may publish a blog, in complete anonymity - but prepare for the risks.

And if you, as a blog owner, desire complete anonymity, there are more ways to protect your identity. However, please recognise that anonymous blogging requires that we accept responsibility - and always prepare for challenges, if the blog is ever deleted.

Blogger Commenting, And Social Networking Relationships

Every week, we see the anguish

How do I get user xxxxx blocked from commenting on my blog?

because many people enjoy FaceBook and Twitter, where there is no spam, and no unwanted comments. They think that Blogger comments should be controlled, as social networking like FaceBook and Twitter are controlled.

With FaceBook, each person controls their own Wall, and their own neighbourhood. With Twitter, each person decides exactly who they wish to Follow, and sees tweets from only those folks that they follow. Neither FaceBook or Twitter encourages you to open up your neighbourhood to the world; both allow you to establish each contact, one by one, at your discretion.

With Blogger commenting, you are encouraged to allow anybody - or anybody with a required level of authentication - to comment on your blog. This encourages freedom of speech, and extends your neighbourhood far beyond the walls that you setup with FaceBook and Twitter. Some commenters, and other readers of your blogs, may later become part of your FaceBook and Twitter neighbourhoods - but at their discretion, as well as yours.

With both FaceBook and Twitter, any established account has some implied value, which is a function of the size of its neighbourhood. Nobody can use a FaceBook or Twitter account for persistent spam, because people control their own neighbourhoods. If offended, they can easily discontinue a FaceBook or Twitter contact. There is no real anonymity in either FaceBook or Twitter - each contact there is identified and validated, by its neighbourhood of contacts.

With Blogger, anybody can setup one or more Blogger accounts, for posting comments on any blog that permits comments. A Blogger account has no value, equivalent to a FaceBook or Twitter account. A Blogger account won't be identified, or validated, by its neighbourhood of contacts.

The owner of any blog has a few options, as to what level of anonymity may post comments.

Who Can Comment?

• Anyone - includes Anonymous Users
• Registered Users - includes OpenID
• Users with Google Accounts
• Only members of this blog
• (For private blogs) Only members and readers of the blog.

Beyond those 5 choices, there is only the Blogger heuristic comment filter, which has to be persistently trained, by each blog owner. You, as the blog owner, moderate either actively or passively. You allow / disallow / tag as "spam" before publishing comments, or you delete / don't delete / tag as "spam" after comments are published. That's the choices that you have, as a blog owner.

You cannot negatively filter comments, by blocking specific individuals. If you were to add a filter for one individual, the owner of the filtered Blogger account could setup another account, and pester you from that account, with impunity. They could even use multiple different accounts, using botted computers, if they wished.

When you publish a Blogger blog and allow commenting on your Blogger blog, you open yourself to the world. For good, or for bad.

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The DMCA Violation Form May Have A Just Use, After All

The MPAA / RIAA stranglehold, in the USA, on the electronic consumer, may have reached a peak with their ability to coerce the US Congress to pass the DMCA. The Digital Millennium Copyright Act of 1998, thought by some to be the most noxious bit of legislation since the British Tea Act of 1773, may have a valid use, though.

It's possible that the DMCA Violation Form, which Blogger / Google provides, may be useful in reporting content that's been pirated, personally, from you. If you believe that your pictures, and / or articles, are being unjustly copied within Blogger / Google hosting space, you may get some relief from reporting this as a DMCA Violation.

Note, however, that a DMCA Violation report is a serious complaint, and can have repercussions both upon the source and target of the complaint.

Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Don't use the DMCA Violation Complaint as a casual harassment technique - only use it where you are extremely certain that your legal rights are being violated. If the Fair Use Doctrine might transcend your personal rights, or if you are unsure here what your rights provide to you, protect yourself and contact a lawyer.

If you receive a DMCA Notice, and you believe yourself to be innocent of any wrongdoing, file a Counter Claim.

The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

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InterPersonal Conflict - Defamation Vs Impersonation

As blogs are being increasingly used by ordinary people, to make their mark in the world, they are also being used by people to annoy or assault others, mock others, and other attacks of varying severity.

In Blogger Help Forum: How Do I?, we regularly get questions like

How do I get a stalker's defamatory blog removed?

or

How long does it take to resolve an impersonated blog complaint?

or

Someone has created a fake blog using my name - how do I get Blogger to remove this, or do I just sue?

With these questions posed, the first thing that we need to do is identify the difference between Defamation and Impersonation.

Understand the difference between defamation and impersonation.

• Defamation (libel, ridicule, slander, trash talk) is a civil offense. The offended party will need to get a lawyer, initiate a lawsuit, and / or get a court order requiring specific action by Blogger / Google.

  US domain sites such as Google.com, Blogger, Page Creator, etc. are sites regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from U.S. domains. The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order.

• Impersonation (identity theft, masquerading), on the other hand, is a TOS Violation.

  Impersonating others: Please don't mislead or confuse readers by pretending to be someone else or pretending to represent an organization when you don't. We're not saying you can't publish parody or satire - just avoid content that is likely to mislead readers about your true identity.

You report TOS violations using the Blogger "Report Abuse" wizard. Problems which do not constitute predefined TOS violations are personal issues, which you have to resolve on your own, and using your own funds.

You use Blogger Help: Report a Terms of Service Violation, where you have selections for both Defamation, and Impersonation, among others. Selecting Defamation, you'll get the above advice.

Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from U.S. domains.

What will happen, as the CC TLD aliases are deployed for more countries, remains to be seen.

In either case, you should probably start by hiring a lawyer. Blogger and Google, being based in the USA, will decide the case, impartially.

Understand rights, responsibilities - and limitations.

Be aware of personal rights and responsibilities, and the limitations, before you start.

• Yours.
• The party with whom you are disagreeing.
• Blogger / Google / Any other web site host.

Be aware of Blogger / Google legal guidelines.

• Blogger Content Policy.
• Blogger Terms Of Service.
• Google Terms Of Service.

You can make a complaint, but be aware of Blogger / Google's concerns. Just as they don't want you unjustly persecuted, they don't want a third party to be so, either.

You may check Blogger Help: Report inappropriate content - and Blogger Help: Harassment and bullying content on Blogger, for some suggestions, however.