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How to act over content on Wordpress 1 Discovery Request

To request information for a site hosted on WordPress.com, the site’s .wordpress.com URL

(such as example.wordpress.com) must be specifically included in the request. To obtain information for a specific post or comment, the URL of that post or comment must be included in the request. Wordpress is unable to process overly broad or vague requests.

WordPress.com accounts can contain various information. This information is unverified and is provided at the user’s discretion.

Except in emergencies (see more below), it is Wordpress’ policy to turn over private user information only upon receipt of a valid subpoena, search warrant, or U.S. Court order that complies with the Federal Rules of Criminal Procedure, the Federal Rules of Civil Procedure, and/or California state law.

If these pieces of information are available, Wordpress can provide the first and last names, phone number, email address currently assigned to a site owner, the date/time stamped IP address from which a site was created, the physical address, and the PayPal transaction information to government agencies/law enforcement upon receipt of a valid subpoena. Except in emergencies, Wordpress requires a court order or a warrant before providing additional IP addresses or information relating to a specific post or a specific comment.

Wordpress require a warrant before disclosing content of user communications to government agencies/law enforcement. Wordpress also requires a warrant before providing any non-public content information (such as private or draft post content, or pending comments).

73 http://en.wikipedia.org/wiki/WordPress

Any request for user information must include a valid email address for Wordpress to return the information or contact with questions. WordPress.com communicates only via email.

Legal process can be served by mail to:

Automattic Inc. 548 Market St #63259 San Francisco, CA 94104-5401

Where permitted, Wordpress also accepts service via email to [email protected] General inquiries regarding Wordpress’ policies can be sent via email to court-

[email protected]

2. Preservation

Requests for the preservation of information must originate from a law enforcement agency. Wordpress’ notification policy with regards to preservation requests is meant to protect user privacy and promote transparency, while also avoiding interference with legitimate

investigations of criminal activity.

Wordpress will notify users of preservation requests. When law enforcement requests that a preservation request remain confidential, Wordpress will keep it confidential for 45 days, with the expectation that they will be serving a valid U.S. subpoena or search warrant that includes the required certification (2705(b)) or court-ordered non-disclosure provision. If the certification or court order is obtained, Wordpress will keep the preservation request secret under the same conditions as the subpoena/warrant. If, after 45 days law enforcement has not served a

subpoena or search warrant or has served one without the required certification or secrecy order, or has not withdrawn the request, Wordpress will inform the user of the request.

3. Emergency

As permitted by U.S. law, Wordpress may disclose user information to the government or law enforcement, without a subpoena or warrant if Wordpress has a good faith belief that an

emergency (danger of death or serious physical injury) requires disclosure of information related to the emergency without delay. Wordpress requires emergency requests to be made

urgency of the request. Additionally, Wordpress may ask for a subpoena, search warrant, or court order after the disclosure.

In these circumstances Wordpress’ policy is still to notify users and provide them with a copy of any legal process regarding their account or site unless Wordpress is prohibited by law or court order from doing so. However, in some circumstances, notification may come after the information has been disclosed.

Please contact Wordpress at [email protected] and include “emergency” in the subject line if you have an emergency request.

4. Civil cases

It is Wordpress’ policy to turn over private user information only upon receipt of either (1) a valid order from a U.S. court, or (2) a subpoena served as part of an existing lawsuit that complies with Rule 45 of the Federal Rules of Civil Procedure and/or the California Discovery Act.

Requests must identify the specific information sought. If a request is overly broad or seeks information not applicable to Automattic, Wordpress will provide the email address that is currently assigned to a site owner, the IP address from which a site was created, and the date and time (UTC) at which a site was created.

Any request for specific post or comment information must include the specific URL of each post or comment. Wordpress will not provide any content information in response to civil orders or subpoenas, pursuant to the E.C.P.A.

Please note that Wordpress will charge an administrative fee of USD $125/hour for

compliance with validly issued and served civil subpoenas. Wordpress will bill for and collect this fee prior to furnishing information in response to a subpoena.

5. Copyright

If you believe that material available on Wordpress sites, including those hosted at

WordPress.com, infringes on your copyright(s), please notify Wordpress by providing a DMCA notice online at http://automattic.com/dmca-notice/

If you’d prefer not to use the form, you can send your complaint to the designated agent

Automattic Inc. 132 Hawthorne St. San Francisco, CA 94107

Attn: General Counsel Phone: (877) 273-8550 Fax: (415) 840-0710 [email protected] You must include the following:

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

An identification of the copyrighted work claimed to have been infringed;

A description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit Automattic to find and positively identify that material. For example Wordpress requires a link to the specific blog post (not just the name of the blog) that contains the material and a description of which specific portion of the blog post – an image, a link, the text, etc. your complaint refers to;

Your name, address, telephone number and email address;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.