Wiki for the Indigenous Languages

Legal

This website and its contents fall within the United States and the US Copyright Office policies for best practices.  To understand the full implications of those protections and rights, please visit the US Copyright Office’s official webpage at http://www.copyright.gov/title17/92chap5.html, in particular, § 512(c).

 

Under this section, please note what the DMCA Designated Agent’s responsibilities include: 

(2) Designated agent. — The limitations on liability established in this subsection apply to a service provider only if the service provider has designated an agent to receive notifications of claimed infringement described in paragraph (3), by making available through its service, including on its website in a location accessible to the public, and by providing to the Copyright Office, substantially the following information:

(A) the name, address, phone number, and electronic mail address of the agent.

(B) other contact information which the Register of Copyrights may deem appropriate.

A copy of our official delegation of DMCA agent can be viewed at http://www.copyright.gov/onlinesp/agents/u/ucla.pdf.
 
Copyright violations
If you would like to send us a Digital Millennium Copyright Act (“DMCA”) (hyperlink opens in new window here: https://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act takedown notice or counter-notice regarding a potential copyright violation, you can find more information, and where to send your request, on our DMCA takedowns page (hyperlink opens in new window to a page with the information below in this email).

Requests to disclose user information (including emergency requests):

Please read our Requests for User Information Procedures and Guidelines and then send your request to:

Ross Bollens, CISO

UCLA Information Technology Services

Box 951434, 3327 Murphy Hall

Los Angeles, CA 90095-1434

ucladmca@ucla.edu

Other legal questions or requests

Please send all other legal questions or requests to:

Wiki for Indigenous Languages

Attn: Dr. David Shorter

Department of World Arts and Cultures/Dance

Box 951608, 150 Kaufman Hall

Los Angeles, CA 90095-1608

wiki4indigenouslanguages@gmail.com

Requests for user information procedures & guidelines 

These guidelines are intended for parties (such as law enforcement, government agencies or administrative bodies, or civil litigants) who wish to request disclosure of nonpublic information regarding Wiki for Indigenous Languages users or their content or activities on the Wiki for Indigenous Languages projects. These guidelines are also made available for Wiki for Indigenous Language users who are curious about our internal policies and procedures for dealing with requests for nonpublic user information.

Our Values & What They Mean For Your Request

Freedom of speech and access to information are core Wiki for Indigenous Language values. User privacy, and sometimes anonymity,[1] is necessary to give life to these values and to protect those that have trusted us with their personal information. This means:
  • We expect requesting parties, like you, to meet our requirements below (including all legal requirements) when making a request for any of our users’ nonpublic information.
  • We will examine every request that we receive to ensure their compliance with our requirements below and United States ("US") law.
  • Absent a credible and imminent threat to life or limb (i.e. death or serious bodily injury), we will refuse to disclose nonpublic user information if we believe that we are not legally required to disclose the requested information.
  • When possible, we will notify our users of your request so that they have the opportunity to legally challenge it if they do not believe your request is legally valid.

Types of Nonpublic Information We May Have

Due to the inherent transparency of wikis, most information on the Wiki for Indigenous Languages sites is public. For example, information relating to a particular user's edits on the Wiki for Indigenous Languages pages or information relating to the editing activity on a particular article or page is publicly available. You do not need a Wikimedia project account to view this information.
The Wiki for Indigenous Languages collects very little nonpublic information (if any) that could be used to identify its users offline and it retains that information for a limited amount of time. Some of the limited nonpublic information we store is collected automatically (such as the IP address of the user's device or theirproxy server and user agent information), while other nonpublic information is optionally provided by the user (such as an email address or identifiers). Regardless, nonpublic information that includes personally identifying information about any particular user is kept for a short amount of time. 
Please note that users can use the Wiki for Indigenous Languages anonymously. Even if a user has registered an account with us, he or she is not required to provide personally identifying information such as a real name, email address, physical address, date of birth, or phone number. And if they have provided any of this information, the information we have may not correspond to a real person as the user may have provided fake or pseudonymous information.

What We Require From You

The Wiki for Indigenous Languages only discloses nonpublic user information in accordance with our Terms of UsePrivacy Policy, and applicable US law, including the Electronic Communications Privacy Act (18 U.S.C. §§2510-252218 U.S.C. §§ 2701-2711, and 18 U.S.C. §§ 3121-3127).
If you choose to submit a request to us, it must meet the following requirements:
  • Reasonableness. It must be reasonable for us to locate and retrieve the information you request. We do not accept requests that would be unreasonably burdensome to execute.
  • Specificity. Your request must be specific as to what particular types of information you are requesting and where it may be located. It must also at least specify the username of the party you are seeking information about -- and please note that usernames are case-sensitive. We do not accept general inquiries, requests based solely on real names[4], or vague or overbroad requests. Please ensure that the requested information is not available through our public APIs.
  • Relevance. Your request must specify the relevance of the information you are requesting to the investigation or case your request pertains to.
  • Contact Information. You must include your name; your mailing address; your firm or agency’s name (unless you are representing only yourself); your direct phone number; your valid firm- or agency-issued email address (unless you are representing only yourself); and if you represent a law enforcement, governmental, or administrative agency, your badge or identification number.
  • Timeline. You must include a specific deadline by which we must respond to your request. With the exception of emergency requests (described below), please bear in mind that we generally need a 30 business day minimum waiting period, so that we can properly notify our users and ensure that they have a reasonable period of time to contest your request if they choose to do so.
  • Legal Validity & Enforceability Under United States Law. Your request must be legally valid and enforceable under US law and be in one of the following forms:
  • A court order directed to Wiki for Indigenous Languages, issued by a US court of competent jurisdiction;
  • A civil subpoena, which complies with Rule 45 of the Federal Rules of Civil Procedure or the California Discovery Act;
  • A federal or US state criminal subpoena (grand jury or trial), issued by a US court of competent jurisdiction in connection with an official criminal investigation;
  • An administrative subpoena authorized by a federal or state statute;
  • A warrant issued under the procedures of the Federal Rules of Criminal Procedure or equivalent state warrant procedures, based upon a showing of probable cause -- if you are a government or law enforcement agency and are requesting disclosure of the contents of any user communication, nonpublic user content information, or any other information where a warrant is required by law;[5] or
  • A request served by a US court of competent jurisdiction or enforcement agency under the procedures set forth in an applicable mutual legal assistance treaty or letters rogatory -- if you are making a request originating outside of the US.
Absent a credible and imminent threat to life or limb (i.e. death or serious bodily injury), we will refuse to disclose nonpublic user information if we believe that we are not legally required to disclose the requested information.

Emergency Requests

In accordance with 18 U.S.C. § 2702(b)(8), if you believe there is a credible and imminent threat to life or limb (i.e. death or serious bodily injury) to any person, and that we may have information necessary to prevent the threat from being fulfilled, you may request an emergency disclosure.
In addition to the requirements set forth above, emergency requests should also include (to the extent you are legally permitted to disclose) the following:
  • A subject line including the phrase “EMERGENCY DISCLOSURE REQUEST”;
  • The specific information you are requesting and how it is necessary to prevent the threat from being carried out;
  • The identity of the individual(s) or group(s) of individuals under threat;
  • The nature of emergency;
  • Why you believe it is imminent;
  • Links to specific content containing relevant information (if any);
  • Any other information you believe will aid in our evaluation of your request; and
  • A declaration, under the penalty of perjury, that to the best of your knowledge, the information you have submitted is true and accurate.
The decision to grant a request for emergency disclosure lies solely with the Wiki for Indigenous Languages. After evaluation of your request for emergency disclosure, if we have a good faith belief that there is a credible and imminent threat to life or limb, we may provide the information necessary to prevent such harm (if we have and can recover it).
If you have an emergency request, please email your request to wiki4indigenouslanguages@gmail.com and CC bollens@ucla.edu to ensure speedy processing.

Child Safety

We report any discovered instances we believe to be child pornography to the National Center for Missing and Exploited Children (NCMEC), including information brought to our attention through your requests for nonpublic user information. If your request has already been reported to NCMEC or relates to a case being handled by NCMEC, please include the case or report information in your request.

How to Contact Us

You may send your request to us:
Via Email -
Please provide a clear and concise subject line, such as “DISCLOSURE REQUEST - [CASE NAME] - DEADLINE: [DATE]".
If you are sending an emergency request (as defined above), please email wiki4indigenouslanguages@gmail.com and CC 

to ensure speedy processing.

Via Post -
Wiki for Indigenous LanguagesAttn: Dr. David ShorterDepartment of World Arts and Cultures/DanceBox 951608, 150 Kaufman HallLos Angeles, CA 90095-1608
 
While we agree to accept service of requests by these methods for convenience, neither the Wiki for Indigenous Languages nor its users waive any legal rights or defenses based on this accommodation. Please note that if you are seeking testimony from the Wiki for Indigenous Languages or its staff, officers, contractors, or board members, you must serve such a request on our registered agent for service or process as we do not accept those kinds of requests by post or email.

Notifying Our Users of Your Request

We believe in transparency about when requests are made for our users’ nonpublic information. This means that we will notify the user(s) affected by your request of your request and that we will report the receipt and resolution of your request in our transparency report.
When we receive your request, we will notify and provide a copy of your request to the affected user(s) at least 10 calendar days before we disclose the requested information, provided that (1) we have contact information for the affected user(s); (2) disclosing your request will not create or increase a credible threat to life or limb; and (3) we are not otherwise prohibited by law or an order from a US court of competent jurisdiction, such as an order issued pursuant to 18 U.S.C. § 2705(b), from doing so.
If you are requesting disclosure of nonpublic user information that you believe requires confidentiality, please provide a legally valid and enforceable protective, sealing, or "gag" order from a US court of competent jurisdiction. Please note that we must receive notice of such protective, sealing, or gag order prior to the date the Wiki for Indigenous Languages notifies the user for confidentiality to be considered.
Upon notification to the affected user(s), the user(s) will generally be provided at least 10 calendar days before we will disclose the requested information (assuming we find your request to be otherwise valid), during which time the affected user(s) may attempt to quash or otherwise legally challenge the request. If, prior to the disclosure, we receive notice from the affected user(s) that he or she intends to challenge your request, no information will be delivered until that legal challenge is resolved.

Our Right to Challenge Your Request

We may, and reserve the right to, challenge the scope or validity of your request, on behalf of any affected user, whether or not the affected user chooses to pursue his or her own legal challenge.

Cost Reimbursement

We reserve the right to seek reasonable reimbursement costs for responding to your request.
 
II. DMCA Takedowns Page
 

DMCA takedowns

The name and address for the designated agent to receive notification of claimed infringement for the Wik for Indigenous Languages is:

Ross Bollens, CISO

UCLA Information Technology Services

Box 951434, 3327 Murphy Hall

Los Angeles, CA 90095-1434

ucladmca@ucla.edu

 
All written requests should be sent to the above Email address.
Not only must any takedown request include the full IP address of where the supposedly offending work is located, but according to US Copyright policy, such requests must also contain the following:

(3) Elements of notification. —

(A) To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has 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.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 
Please be advised that any Digital Millennium Copyright Act (“DMCA”) takedown notices sent to the Wiki for Indigenous Languages may be sent to third parties (including the content uploader), publicly posted on the Internet, and subject to public discussion. For more information on the DMCA process, please see our Terms of Use (which will be a link to that page, we’re working on that language now).