What should you do if you receive a ``cease notice that threatens legal action'' from a huge IT company?
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How to deal with receiving a cease-and-desist letter from Big Tech
https://12challenges.substack.com/p/how-to-deal-with-receiving-a-cease
One day, Mr. Berkeley reflected on his Facebook addiction and unfollowed all of his followers, and the time he spent browsing Facebook decreased dramatically. Taking a hint from this experience, in July 2020 we developed and released an extension for Chrome called 'Unfollow Everything' that allows you to unfollow Facebook in bulk with one click, which received a great response, but in July 2021. My Facbook and Instagram accounts were deleted, and a few days later I received a cease-and-desist letter from Facebook's legal department requesting the removal of 'Unfollow Everything.' Mr. Berkeley had no choice but to delete the extension, but it seems that the deleted account was not restored.
A situation occurred where a user who created an ``app to unfollow Facebook in bulk'' had his account deleted - GIGAZINE
The following is a summary of ``How to deal with suspension notices'' compiled by Mr. Berkeley based on his own experiences.
◆0: Anticipate and prepare for risks
First of all, as a step before receiving a cease and desist letter, even if you are not involved in software development or research that is hostile to large technology companies, you should prepare yourself for the possibility of receiving a cease and desist letter. About. 'I didn't realize that by creating software that interoperated with Facebook, I was putting myself at risk of a cease-and-desist letter and a permanent ban. I wish I had been more aware of this,' Barclay said. 'Maybe I could have been prepared for it and maybe I wouldn't have been so shocked.'
Because big tech companies have deep pockets and great legal departments, it's easy for them to send cease-and-desist letters to developers and researchers, and many are at risk of receiving a cease-and-desist letter. Masu. For this reason, Barclay recommends ``Download and save all data from the platform you are working on,'' ``Make sure your life is not dependent on that platform,'' ``Carefully read the platform's terms of service,'' and ``Consult with an attorney in your jurisdiction.'' We recommend that you prepare by consulting and seeking a legal opinion.
◆1: Understand that there probably won't be any major problems.
Most people get upset when they receive a cease-and-desist letter from a big technology company, but ``there is basically no chance of going to jail or court.'' A suspension notice does not mean that formal legal action has been initiated; it is merely a threat that ``legal action will be taken if the situation is not addressed,'' and there is no possibility that the situation will escalate any further. It seems to be low.
Cease and desist letters contain all sorts of outrageous claims and demands that don't have to be legally enforceable, Barclay said, and are often harassment by big tech companies. Masu. The purpose of a cease and desist letter is to 'stop the other person's actions,' so even if the letter contains various threatening words, it is important to respond in an orderly manner without panicking.
◆2: Understand the first action
If you actually receive a cease-and-desist letter from a large technology company, the first thing you should do is 'temporarily suspend the provision of the targeted service or software.' Big tech companies have vast resources, and by temporarily suspending the service in question, you can avoid the risk of unintentionally making things worse.
The suspension notice may have a specific deadline for replying, but more often than not it has an unreasonable deadline such as 'within 48 hours.' If you rush to reply to this, you may inadvertently include phrases that are disadvantageous to you in the e-mail and have your opinion taken away, so first find a lawyer who can give you legal advice, and wait until the deadline has passed. Mr. Berkeley advised that you should calmly reply.
Additionally, cease and desist letters may include requests such as ``tell me what the software does,'' ``provide a list of the domains and apps you own,'' and ``report the revenue you earn from the software.'' At this point, it seems best to ignore these requests and only comply with the temporary suspension of software and services. If your platform account has not been deleted by the time you receive the suspension notice, Berkeley recommends downloading all data from your account in preparation for future deletion.
◆3: Recognize that your options are limited
Unfortunately, it is difficult for individual developers and researchers without deep pockets or backers to fight in court if they receive a cease-and-desist letter from a large technology company with vast resources. Even if you are legally correct and there are holes in the big tech company's case, filing a lawsuit will consume a large amount of time, money, and mental energy, so realistically you have no choice but to accept it. It is said that there are many. If you decide to take your case to court but don't have enough money, you will need to find crowdfunding or support groups.
◆4: Decide on response
With the above points in mind, you can choose to either ``completely ignore the suspension notice,'' ``suspend the service in accordance with the suspension notice,'' or ``take the suspension notice to court as unfair.'' Masu. Of these, ``completely ignoring the suspension notice'' is quite dangerous, and in the worst case scenario, a giant technology company may file a lawsuit, so Mr. Berkeley does not recommend it.
If we decide to suspend the service, we may comply with the essential suspension of service, but not respond to other demands that are clearly unjust and have no legal basis. However, if your platform account is related to your livelihood and you want to get it back safely, you should respond to other requests as much as possible to demonstrate that you have no hostility.
◆5: Spread your story to the world
If you feel like you can't afford a legal battle with a big tech company, but you want to fight back somehow, you can ask the public about the unfair treatment you've received. Mr. Berkeley, who was actually forced to stop the extension and had his Facebook account deleted, attracted a lot of attention by explaining the process in detail, and succeeded in leading to criticism of Facebook.
In order to get the word out about his story, Barclay said he will 'report multiple times, not just on one platform, but in many different places, how I received my cease and desist letter and what I have done since.' Encourage critical journalists to write about their experiences; Reach out to supporters and supporters of the app or service to help spread the word; Contact local MPs and politicians about the incident. ” method is recommended.
In addition, if your own experience actually attracts a lot of attention, you will be flooded with messages and emails from journalists and followers. Regarding this, Mr. Barclay said, ``We need to be aware that even well-intentioned support and valuable media attention can cause stress,'' and points out that being in the spotlight can be mentally taxing. Did.
◆6: Be prepared for follow-up attacks from companies
Mr. Berkeley received a suspension notice in July 2021 and stopped the extension, but he continued to receive follow-up emails from Facebook for about a year until June 2022. At first, he repeatedly received follow-up emails telling him to ``comply with all the demands listed in the original notice of suspension,'' and after seven months of silence, he received a new email with a ``proposed agreement.'' The proposed agreement hinted that Facebook and Instagram accounts could be reinstated if all requirements in the cease and desist letter were followed, but those who violated the terms would be fined at least $30,000. ), and there was no guarantee that the account would be reinstated, so Mr. Berkeley ignored this request.
◆7: Accept and move on
'The final stage of grief is acceptance,' Berkeley said, noting that most people who receive a cease and desist letter will not be able to get their account back, will not be able to continue service development or research, and will not have time to fight a legal battle. It was pointed out that there was no funds available. For this reason, he argues that they should at least share their experiences with the public, give their voice to politicians, and potentially lead to regulation of big technology companies, and then get back on their feet and move on to something else.
◆8: Continue to protest without accepting it
Of course, there is also the option of simply not giving in to giant technology companies and continuing to protest steadily, even if a legal battle is impossible. Barclay said, ``Keep writing about your experiences,'' ``Contact politicians to keep them regularly updated and work towards final regulations,'' and ``Support legal action to protect developers.'' He recommended actions such as 'get in touch with organizations' and 'stand in solidarity with people who have suffered similar injustices and speak out for change at big tech companies.'
Mr. Barkley concluded by saying, ``Whatever you decide to do, remember that although this is a frankly frightening experience, you can overcome it.''
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