1. Purpose and Scope
This Acceptable Use Policy ("Policy") governs the use of grant-funded services provided by Gotham & Oz. Our services are provided exclusively to support activists, nonprofits, and human rights defenders in defending truth and protecting their missions from coordinated defamation attacks.
By applying for or accepting grant-funded services, you agree to use Gotham & Oz services ethically, legally, and in accordance with this Policy.
2. Permitted Uses
Gotham & Oz services may be used for the following purposes:
2.1 Defensive Activities
- Defending Against Defamation: Responding to false or misleading statements that harm your reputation or mission
- Crisis Response: Managing coordinated information attacks, reputation crises, and narrative warfare
- Litigation Support: Supporting legal defense against defamation, including evidence preparation and forensic analysis
- Accountability: Holding publishers, journalists, advertisers, and ad-tech companies accountable for brand safety failures and negligent dissemination of defamatory content
2.2 Public Interest Activities
- Protecting Advocacy Work: Defending activists, nonprofits, and human rights defenders whose mission advances social justice, environmental protection, human rights, or accountability of powerful interests
- Exposing Misconduct: Supporting organizations that expose corruption, abuse of power, or violations of public trust
- Protecting Press Freedom: Defending legitimate journalism and investigative reporting from strategic defamation designed to silence accountability work
2.3 Ethical Intelligence Gathering
- Open Source Intelligence (OSINT): Analysis of publicly available information from websites, social media, public records, court documents, and published materials
- Forensic Analysis: Technical analysis of published articles, media content, metadata, and digital artifacts
- Network Mapping: Identifying relationships, patterns, and coordination among publishers, journalists, and attack campaigns using publicly available information
3. Prohibited Uses
The following activities are strictly prohibited and constitute grounds for immediate termination of grant services and potential legal action:
3.1 Illegal Activities
- Computer Fraud and Abuse (CFAA Violations): Unauthorized access to computer systems, networks, databases, email accounts, or protected systems
- Wiretap Act Violations: Interception of electronic communications, unauthorized recording of conversations, or illegal surveillance
- Hacking or Unauthorized Access: Attempting to access, penetrate, or compromise systems without authorization
- Identity Theft or Impersonation: Assuming false identities, impersonating individuals or organizations, or creating fake accounts to deceive
- Privacy Violations: Unlawful collection of personally identifiable information, medical records, financial data, or protected personal information
- Harassment or Stalking: Using services to harass, intimidate, threaten, or stalk individuals
- Defamation or False Statements: Creating, disseminating, or amplifying false or misleading information about individuals or organizations
3.2 Unethical Intelligence Activities
- Social Engineering: Manipulating individuals through deception to obtain confidential information or unauthorized access
- Pretexting: Creating false scenarios or identities to extract information
- Dumpster Diving: Searching through physical trash or discarded materials without authorization
- Physical Surveillance: Stalking, following, or monitoring individuals' physical movements
- Unauthorized Data Scraping: Scraping data in violation of website terms of service or in a manner that constitutes unauthorized access
3.3 Offensive or Retaliatory Activities
- Retaliation: Using services to punish, intimidate, or silence critics, whistleblowers, or legitimate journalism
- Offensive Information Operations: Creating disinformation, propaganda, or coordinated inauthentic behavior to deceive the public
- Abuse of Process: Filing frivolous lawsuits, SLAPP suits (Strategic Lawsuits Against Public Participation), or using litigation as harassment
- Censorship: Suppressing legitimate criticism, free speech, or public interest journalism
3.4 Misuse of Evidence or Frameworks
- Evidence Fabrication: Creating, altering, or manipulating evidence to misrepresent facts
- Misrepresentation: Presenting Gotham & Oz analysis out of context or in a misleading manner
- Selective Disclosure: Withholding exculpatory information or selectively presenting evidence to create false impressions
- Framework Abuse: Using advertiser liability frameworks to target legitimate journalism rather than defamatory content
3.5 Discrimination or Hate-Based Activities
- Hate Groups: Supporting organizations that promote hatred, violence, or discrimination based on race, ethnicity, national origin, religion, gender, sexual orientation, disability, or other protected characteristics
- Discriminatory Attacks: Using services to target individuals or organizations based on protected characteristics rather than legitimate defamation defense
3.6 Conflicts with Mission
- Corporate Defense: Using services to defend corporations, government agencies, or powerful interests attacking activists or nonprofits (this is the opposite of our mission)
- Silencing Accountability: Using services to suppress legitimate investigative journalism or public interest reporting that exposes corruption or abuse
- Undermining Justice Movements: Activities that undermine social justice, human rights, environmental protection, or democratic accountability
4. Ethical Guidelines
4.1 Truth and Accuracy
- Provide accurate, complete, and truthful information to Gotham & Oz
- Do not misrepresent facts, evidence, or circumstances
- Correct any inaccuracies promptly if discovered
- Distinguish between facts and opinions in communications
4.2 Proportionality
- Use Gotham & Oz services proportionally to the threat you face
- Do not escalate conflicts unnecessarily
- Seek resolution through appropriate channels (legal, regulatory, negotiation)
- Avoid using services to "punish" critics beyond what is necessary for defense
4.3 Respect for Privacy and Rights
- Respect legitimate privacy interests of individuals
- Avoid collecting or using personal information beyond what is necessary for defense
- Do not target family members, children, or others not directly involved in defamation campaigns
- Respect First Amendment rights and legitimate free speech
4.4 Transparency and Good Faith
- Act in good faith in all interactions with Gotham & Oz
- Disclose any conflicts of interest or material changes to your situation
- Do not conceal information that would affect grant eligibility or service delivery
- Cooperate with reasonable requests for clarification or verification
5. Legal Compliance
5.1 Federal Laws
You must comply with all applicable U.S. federal laws, including but not limited to:
- Computer Fraud and Abuse Act (CFAA), 18 U.S.C. § 1030: Prohibits unauthorized access to computer systems
- Electronic Communications Privacy Act (ECPA), 18 U.S.C. § 2510 et seq.: Protects electronic communications from interception
- Stored Communications Act (SCA), 18 U.S.C. § 2701 et seq.: Protects stored electronic communications
- Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 1201 et seq.: Prohibits circumvention of technological protection measures
- Identity Theft Laws, 18 U.S.C. § 1028: Prohibits identity fraud and related activities
5.2 State Laws
You must comply with applicable state laws, including:
- State computer crime laws
- State privacy laws (California CCPA, Virginia CDPA, etc.)
- State wiretap and eavesdropping laws
- State defamation and libel laws
5.3 International Laws
For international users or cases involving international parties, you must comply with:
- GDPR (General Data Protection Regulation) for EU data subjects
- UK Data Protection Act and UK GDPR
- Local data protection, privacy, and cybersecurity laws
- Local defamation and press laws
5.4 Platform Terms of Service
When gathering publicly available information from online platforms, you must:
- Comply with platform terms of service
- Respect robots.txt directives and rate limits
- Avoid circumventing access controls or authentication
- Not create fake accounts or violate community guidelines to access information
6. Monitoring and Enforcement
6.1 Monitoring Activities
Gotham & Oz reserves the right to:
- Monitor use of grant-funded services for compliance with this Policy
- Request documentation or clarification of activities
- Conduct periodic reviews of ongoing engagements
- Investigate suspected violations
6.2 Reporting Violations
If you become aware of potential violations of this Policy, report them immediately to contact form with subject line "Acceptable Use Policy Concern."
6.3 Consequences of Violations
Violations of this Policy may result in:
- Warning: Written warning and requirement to cease prohibited activities
- Suspension: Temporary suspension of grant services pending investigation
- Termination: Immediate termination of grant services and revocation of access to materials
- Legal Action: Referral to law enforcement or pursuit of civil remedies for illegal activities
- Grant Repayment: In cases of fraud or material misrepresentation, requirement to repay the value of grant-funded services received (calculated at commercial rates)
6.4 Appeals
If you disagree with a violation determination, you may submit a written appeal to contact form within 14 days, explaining your position. The Embassy Row Project will review appeals and issue a final decision.
7. Collaboration with Legal Counsel
7.1 Attorney Oversight
We strongly recommend that grant recipients work with licensed legal counsel who can:
- Provide legal advice on permissible activities in your jurisdiction
- Ensure compliance with applicable laws and regulations
- Review investigative plans and forensic analysis for legal compliance
- Protect attorney work-product privilege where applicable
7.2 Attorney Direction
Where grant services are provided under attorney direction, your legal counsel is responsible for:
- Ensuring activities comply with legal ethics rules
- Making legal strategy decisions
- Determining scope of permissible investigation
- Advising on evidence admissibility and litigation risks
8. Indemnification
You agree to indemnify, defend, and hold harmless Gotham & Oz, the Embassy Row Project, James Scott, and their respective affiliates, officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:
- Your violation of this Acceptable Use Policy
- Your violation of applicable laws or regulations
- Your misuse of Gotham & Oz services or materials
- Your unauthorized activities conducted independently of Gotham & Oz services
9. Changes to This Policy
Gotham & Oz may update this Acceptable Use Policy from time to time to reflect changes in legal requirements, service offerings, or ethical standards. Material changes will be communicated via email to active grant recipients and posted on our website with a revised "Last Updated" date.
Continued use of grant-funded services after changes are posted constitutes acceptance of the updated Policy.
10. Questions and Guidance
If you are uncertain whether a specific activity is permitted under this Policy:
- Contact Gotham & Oz at contact form for guidance before proceeding
- Consult with your legal counsel
- Err on the side of caution and avoid activities that may violate legal or ethical standards
11. Acknowledgment
By applying for or accepting grant-funded services, you acknowledge that:
- You have read and understood this Acceptable Use Policy
- You agree to use Gotham & Oz services in accordance with this Policy
- You will comply with all applicable laws and regulations
- You understand the consequences of policy violations
- You will act ethically and in good faith in all service-related activities