法律:维基媒体基金会用户信息请求程序和指引

此指引提供给欲请求披露与维基媒体用户或其内容或其在维基媒体计划的活动相关的非公开信息的各方（例如执法单位、政府机关或行政机构或民事诉讼当事人）。此指引亦对想知道我们处理非公开用户信息请求的内部政策方针与程序的维基媒体用户开放查阅。

关于维基媒体基金会和维基媒体计划

维基媒体基金会（“WMF”或“我们”）是一个非营利组织，主办各维基媒体计划并鼓励各计划上自由授权且有教育性质的内容的发展与分发。维基媒体计划，例如维基百科，是开放协作的基于wiki的计划，可由世界上的任何人访问和贡献。

我们的价值观和这些价值观对您的请求意味着什么

言论自由和信息自由是维基媒体的核心价值。用户隐私，有时还有匿名，是赋予这些价值生命及保护曾出于对我们的信任而提供自己个人信息者之必须。这意味着：

• 我们期望请求方（例如您）在对我们任何用户的非公开信息提出请求时，满足我们以下列出的条件（包括所有法律要求）。
• 我们将审查收到的每个请求，确保该请求符合我们下面列出的要求和美国（“US”）法律。
• 若足够可信且紧迫的生命或肢体伤害（如死亡或严重身体伤害）威胁不存在，我们如果认为法律并未要求我们披露所请求的信息，即会拒绝披露此非公开用户信息。
• 若有可能，我们将向我们的用户通知您的请求，以让我们的用户在不认为您的请求依法有效的情况下有机会依法提出异议。

我们可能有的非公开信息类型

用户贡献

“查看历史”标签

Due to the inherent transparency of wikis, most information on the Wikimedia projects is public. For example, information relating to a particular user's edits on the Wikimedia projects 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 Wikimedia Foundation actually 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 their proxy server and user agent information), while other nonpublic information is optionally provided by the user (such as an email address). Regardless, nonpublic information that includes personally identifying information about any particular user is kept for a short amount of time. You can learn more about the types of information we collect and how long we retain that information in our Privacy Policy and Data Retention Guidelines.

Please note that users can use the Wikimedia projects 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.

我们要求您提供什么

The Wikimedia Foundation only discloses nonpublic user information in accordance with our Terms of Use, Privacy Policy, and applicable US law, including the Electronic Communications Privacy Act (18 U.S.C. §§2510-2522, 18 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, 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 WMF, 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; 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.

紧急请求

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 Wikimedia Foundation. 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).

如您有紧急请求，请将您的请求通过电子邮件寄至legalwikimedia.org并抄送emergencywikimedia.org以确保得到迅速处理。

儿童安全

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.

如何联络我们

You may send your request to us:

Via Email -

legalwikimedia.org

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 legalwikimedia.org and CC emergencywikimedia.org to ensure speedy processing.

Via Post -

The Wikimedia Foundation
℅ CT Corporation System
330 N Brand Blvd.
Glendale, CA 91203-2336

While we agree to accept service of requests by these methods for convenience, neither the Wikimedia Foundation nor its users waive any legal rights or defenses based on this accommodation. Please note that if you are seeking testimony from the Wikimedia Foundation 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.

将您的请求通知我们的用户

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, limb or other serious crime; 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 we are unable to provide information about your request to affected users because disclosing it would create a credible threat to life, limb or other serious crime; or we are prohibited by law, we will provide information about your request to affected users that we have contact information for within a reasonable period after the threat or legal restriction has terminated.

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 Wikimedia Foundation 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.

我们质疑您请求的权利

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.

成本补偿

我们保留为回应您的请求所产生的开支索取合理补偿的权利。