Law Enforcement Guidelines

Last Updated: August 16, 2010

1. SUMMARY OF SERVICES AND DESCRIPTION

Ning, Inc. (“Ning”) is an online service provider that provides a set of technology applications that enable individuals to build their own websites or social networks (“Ning Platform”). Individuals may also join these social networks built on the Ning Platform without having created one. Ning is not involved in the decisions relating to content uploaded or published by the creators of these social networks (“Network Creators”) or the members of these social networks (“Members”). Additionally, Ning is not involved in the management of the social networks on the Ning Platform, or in any of the decisions relating to the focus of social networks created on the Ning Platform.

Ning does not provide any form of internet access or connection for individuals (including Network Creators or Members) that use the Ning Platform.

2. CONTACT INFORMATION AT NING

Legal Department

Ning
2000 Sierra Point Parkway
Suite 1000
Brisbane, CA 94005
Email: subpoena@mode.com
Fax: 270-514-7000

Legal process may be sent via fax or mail.

 

3. LEGAL PROCESS

Retention Policy:

To provide law enforcement time to investigate, Ning retains content and other available data relating to child pornography for a period of 90 days from the date of Ning’s report via the CyberTipline. Unless a preservation request has been sent by law enforcement, Ning will destroy such information upon expiration of such 90 day period.

Ning’s Process:

  1. Upon internal discovery of suspected child pornography on the Ning Platform or when any reports of suspected child pornography are sent to us, we either immediately remove the specific content from that social network, or immediately shut down the entire social network if the social network itself appears to be promoting or otherwise focused on child pornography. At this time, we also disable the account of the Member that uploaded the suspected child pornography and inform the Network Creator and/or Member that we have disabled their account for violating our Terms of Service.
  2. We then report the content to NCMEC via the CyperTipline. We generally report both content that was reported to us as well as additional content we discover after doing our own internal investigation of the entire social network.
  3. Upon receipt of legal process, we will promptly gather and produce the information listed below under “Information Ning Can Provide to Law Enforcement.”
  4. We provide child pornography content to NCMEC in our reports. Accordingly, please note that we do not mail or otherwise transmit the actual child pornography content in response to legal process. Instead, we ask that you obtain such content directly from NCMEC.

4. INFORMATION NING CAN PROVIDE TO LAW ENFORCEMENT

Information Ning has Already Provided to NCMEC:

  1. All images and videos of suspected child pornography on the social network in question.
  2. Email address of the Network Creator or Member who uploaded the content that we believe is child pornography to the specified social networks.
  3. Registration IP address of the Network Creator or Member who uploaded the content we believe is child pornography to the specified social networks.
  4. Username of the Network Creator or Member who uploaded content that we believe is child pornography.

Ning can provide you with the following information once we receive a subpoena, search warrant or court order (please draft your legal process to specifically include this):

Information Ning Can Provide Pursuant to an 18 U.S.C. §2703(c)(2) Subpoena:

  1. Means of payment: Following July 20, 2010, a Network Creator must provide valid payment information in order to create a social network on the Ning Platform. Please note that only Network Creators (and not Members) provide such payment information. Prior to July 20, 2010, social networks could be created on the Ning Platform for free. In our response, Ning will be able to say whether or not the Network Creator who uploaded the content has made a form of payment to Ning. The full credit card number and payment information is stored with PayPal or our third party billing provider, depending on the form of payment made. Please note that we do not collect any address or telephone information.
  2. Log of date/time stamped IP addresses that Ning captured for the Network Creator or Member using the social network in question.

Additional Information Ning Can Provide Pursuant to an 18 U.S.C. §2703(a) Warrant:

  1. Any and all messages on the specified social network sent from or received by the Network Creator or Member (through the Ning Platform) who uploaded suspected child pornography to the specified social network, to include READ, UNREAD and SENT MESSAGES. (Please note that we do not currently keep deleted messages on our servers). These messages may also be received by a Network Creator or Member to the email address associated with his or her Ning account. These messages are sent via email masking.

International law enforcement agencies can obtain the information set forth in “Information Ning Can Provide Pursuant to an 18 U.S.C. §2703(c)(2) Subpoena” by providing a properly authorized Regulation of Investigatory Powers Act (“RIPA”) form along with contact information for the person who executes this form. Additionally, Ning can provide the information set forth in “Additional Information Ning Can Provide Pursuant to an 18 U.S.C. §2703(a) Warrant” with formal process from the United States or pursuant to the Hague Convention.

6. INFORMATION NING DOES NOT HAVE ACCESS TO:

Ning does not have access to the following types of information. This is information that the Member’s internet service provider is more likely to have.

  1. Connection date and time
  2. Disconnection date and time
  3. Method of connection
  4. Data transfer volume
  5. Other connection information, such as Internet Protocol address of the source of the connection

7. NCMEC REPORTING – SUPPLEMENTAL NING REPORT

As requested by NCMEC, Ning reports on a per suspect, per social network basis – each Network Creator or Member who uploads suspected child pornography to a social network is reported separately. This means that there may be several reports filed on a particular social network. Members may also join and upload child pornography content to several different social networks, so a single Member may be reported in multiple CyberTips.

Ning provides the following information (in addition to the actual child pornography content) in a separate document attached to each CyberTipline report:

  1. The registration IP address and email address of the Member who is being reported. This is the IP address captured at the time the Member signed up for an account on the Ning Platform and the email address provided by the Member.
  2. The username of the Member who is being reported that uploaded any suspected child pornography. This is the username for the social network in which the Member uploaded the suspected child pornography.
  3. The total number of all images and videos uploaded by the specific Member of the social network that is being reported.
  4. The name, URL and total number of Members of the social network.
  5. The username of the Network Creator and whether or not the Network Creator uploaded any suspected child pornography to the social network.
  6. The total number of images and videos on the social network as well as the total number of images and videos that we believe contain suspected child pornography.

8. FULFILLMENT OF LEGAL PROCESS

Expected turnaround time: Ning will generally be able to provide a response within two to three weeks after receipt of complete and valid legal process requesting the information set forth in “Information Ning Can Provide to Law Enforcement.”