Thursday, October 23, 2014

[IAC#RG] Fwd: COMPLAINT for illegal content concerning minors, violation of child rights etc.

Dear IAC members

We have just received news from AVAM India (attached) that a major online encyclopedia CITIZENDIUM has deleted all the files in the notice sent by the legal representative which showed AAP child volunteers being trained by Wikipedia USA to edit Wikipedia articles on computers connected to Wikipedia's obscene pornographic servers.

Wikipedia's response is still awaited by AVAM (AAP Volunteers Action Manch)

This is a significant victory for AVAM and like minded groups within AAP throughout India, who are personally working under guidance of Senior Advocate Shri Shanthi Bhushan to clean up the party and bring in transparency.

Ajay
IAC National Cyber media in-charge

---------- Forwarded message ----------
Date: Thu, Oct 23, 2014 at 9:47 PM
Subject: Re: COMPLAINT for illegal content concerning minors, violation of child rights etc.
To: legal-reports@wikimedia.org, legal@wikimedia.org


Dear Ms. Lia Tretikov
Designated Legal Agent
Wikimedia Foundation Inc

You may be interested to know that the online encyclopedia Citizendium, to whom an identical notice, was sent has deleted all files I specified from their servers with the remarks "ME directive: we should not host images of identifiable minors". Their action was taken expeditiously within 48 hours, and the user account was blocked.

The PDF screenshot is attached for your reference

Toby Dollmann


On Tue, Oct 21, 2014 at 12:37 PM, <toby.dollmann@gmail.com> wrote:
To:
Lila Tretikov, Designated Legal Agent
Wikimedia Foundation
c/o CT Corporation System
818 West Seventh Street
Los Angeles, California 90017

legal-reports@wikimedia.org
legal@wikimedia.org

Phone: +1 (415) 839-6885
Facsimile number: +1 (415) 882-0495

21 October 2014

Dear Legal Agent,

COMPLAINT for illegal content concerning minors, violation of child rights including breach of privacy rights and cyber defamation, and concerning on-line pornography.

I am the Intellectual Property Agent and authorized representative of M/s Intervacy Protection Services, contacting you regarding the invasive usage of online content which violates the privacy rights of members of their principals M/s AAP Volunteers Action Manch, B-11 South Ex Plaza II, Masjid Moth, New  Delhi 110049, India, also widely known as "AVAM" having websites : "www.avam.in" etc.

It has come to AVAM's attention that minors, being Aam Aadmi Party ("AAP") junior / "sub-teen" volunteers, invited to attend a Republic Day celebration on 26 January 2013 at Pune, India as part of their school curriculum, were deceptively made to sit through a multi-media program known as "Wikipedia India Education Program (2013)" or suchlike and later induced by "Wikimedia Ambassadors" there to open anonymous user accounts on Wikimedia Foundation Inc's (WMF) computer servers without their parent's knowledge or consent.
There are reports in circulation in public domain, including on WMF computer servers, to suggest that these junior AAP volunteers, as also other minors present at the venue, were granted access to high definition grossly obscene pornographic images and media hosted on WMF computer servers in USA under the website URL : http://commons.wikimedia.org and accessible from the .IN domain name http://live.wikimedia.in in various Indic languages.

It has also come to AVAM's attention that very high definition digital photograph's / images clearly identifying alleged AAP minor volunteers have been uploaded to WIMF's servers in the public domain and are being attributed to WMF and circulated with captions like  "Aam Aadmi Party kids enjoy Wikipedia at WIEP 2013", "Did Aam Aadmi Party schoolkids also enjoy 'wikiporn' at WIEP 2013 ?" etc. These captions emanate from emails to WMF publicly accessible on WMF servers pertaining to this program asking WMF

"for discussing the issue of Indian school children editing at Wikipedia and being provided computers on which high-definition pornography from Wikimedia Commons was accessible as part of the program."



Accordingly, my principals, and on behalf of all AAP volunteers, require that all content capable of breaching privacy and morals of Indian children / minors situated on WMF computer servers be immediately deleted or disabled. Some of these content / images as presently identified by us are listed below.

https://outreach.wikimedia.
org/wiki/Wikipedia_India_
Education_Program
[NB: PDF of the article is attached for your information and record]

http://commons.wikimedia.org/
wiki/File:Naked_woman.jpg
[NB: Example of grossly obscene commercial pornography hosted on WMF servers freely made accessible to Indian minors by WMF]

http://commons.wikimedia.org/
wiki/File:Republic_Day_Event_
2013_01.JPG
http://commons.wikimedia.org/
wiki/File:Republic_Day_Event_
2013_02.JPG
http://commons.wikimedia.org/
wiki/File:Republic_Day_Event_
2013_06.JPG
http://commons.wikimedia.org/
wiki/File:Republic_Day_Event_
2013_07.JPG
http://commons.wikimedia.org/
wiki/File:Republic_Day_Event_
2013_08.JPG
http://commons.wikimedia.org/
wiki/File:Republic_Day_Event_
2013_14.JPG
http://commons.wikimedia.org/
wiki/File:Republic_Day_Event_
2013_15.JPG
http://commons.wikimedia.org/
wiki/File:Republic_Day_Event_
2013_16.JPG
http://commons.wikimedia.org/
wiki/File:Republic_Day_Event_
2013_17.JPG

As a good faith belief is held that the above mentioned image use and content is not authorized or in accordance with law, we require that the infringing content be immediately removed.

Under penalty of perjury I state that the information provided in this notice is accurate, and that such notice may be submitted on behalf of AVAM.

This electronically signed notice is issued without prejudice solely as a courtesy to afford the Wikimedia Foundation Inc., being a hosting provider having servers in the USA and elsewhere, limited protection from claims based on the activity of its users should you chose to avail it.

A response within 5 business days from the date of this email is expected to confirm the above required removal has taken place. In the event that the content is not removed by then for any reason, my principal requests that WMF promptly discloses the complete particulars of (a) all the infringing user/s and (b) all the persons below age of 18 years shown in these images as available to you along with the records of all their past transactions using your organization's servers.

Thank you for your time.

All rights reserved

Regards,

Toby Dollmann
Intellectual Property Agent
for "Intervacy Protection Services"
email : toby.dollmann@gmail.com


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