Seamus E. Byrne's - In Pursuit of Relevance

Preliminary

In recent years, I have been extensively instructed by distressed clients to facilitate the removal of infringing or otherwise offensive content located on websites and web pages, stored in many locations, across multiple jurisdictions. My experience currently reflects a 100% success rate of removal.

A fellow lawyer recently asked me how this could be achieved without commencing substantial legal proceedings in multiple jurisdictions.

I replied that whilst proceedings may need to be commenced and further action taken, the initial process consisted of "one part technology investigation, one part diligent lawyering and most importantly, two parts lawful tenacity."

Technology Investigation

• Identify all websites and web pages containing "target content";
• Identify all websites and web pages referencing "target content" (e.g. search engines);
• Identify any and all purported Internet content owners of the "target content";
• Identify any and all purported Internet hosts of the "target content";
• Identify any and all methods of contact for the purported content owners and hosts; and
• Identify whether any purported content owners or hosts have established formal methods for requesting removal of the "target content", or references thereof.

For example, Google provides an "urgent method" of removing removed web pages from their search results. See also: Yahoo! and MSN Live Search.

Diligent Lawyering

• Compile any available supporting evidence from the client;
• Understand the jurisdiction(s) in which you are about to serve the legal documents;
• Research all purported content owners and hosts to assess their likely cooperation with your request;
• Draft appropriate legal documents (e.g. a Cease and Desist ("C&D") Letter) to all purported content owners and hosts; and
• Serve the legal documents via all methods of contact for all purported content owners and hosts.

You may also consider reporting the sending of the legal documents to the Chilling Effects Clearinghouse.

Lawful Tenacity

• Establish a line of communication with at least one content owner or host;
• Remain professional, yet persistent; and
• Apply creative strategy!