elfs: (Default)
[personal profile] elfs
Well, it looks like there's another blogquake going on. Six Apart's crack legal team has succumbed to vigilante pressure from the outside world and is now tracking down every LJ in which the user has one of the following (or a synonym for one of the following) in the "Interests" list: child abuse, human sacrifice, kidnapping, killing, murder, paedophiles, paedophilia, rape, and beating people up.

I doubt they're going to come for me; none of those particularly float my boat. But it does mean that Six Apart is now taking an active, editorial interest in what you write, which is different from LJAbuse's previous interest only in what you do. Six Apart's abuse policy has now become editorial: your blog is no longer your own, but is now jointly managed by you and the legal team of Six Apart, which may decide without warning to terminate your account.

The thing that irritates me most is that they're going after fiction writers. Despite the disclaimer from LJ abuse that they're not going after fictional accounts, it's become clear from the ongoing discussion that some user accounts have disappeared because they were the fictional journals of fictional, villainous characters.

Sigh. The only question is: when will the Six Apart legal team get its act together and start going after all "questionable" content? I mean, I have "sadomasochism" as an interest (no, really!?) and that's illegal in Massachusetts.

If LJ becomes a Disney Gated Community, I'm so outta here, whether they push me or not.

Date: 2007-05-30 04:06 pm (UTC)
From: [identity profile] featheredfrog.livejournal.com
http://catrinella.livejournal.com/151812.html for a good organized description of what's happening.

Nothing anywhere I can find that explains SA/LJ's actions.

Date: 2007-05-30 04:36 pm (UTC)
From: [identity profile] blackcoat.livejournal.com
Damnit. And I was >< close to getting a permanent account before this little mix up, now I'm gonna dither until they come up with a good excuse, and by then it might be too late.

Date: 2007-05-30 05:10 pm (UTC)
From: [identity profile] norincraft.livejournal.com
I'm with you.

Date: 2007-05-30 05:23 pm (UTC)
ext_48519: (Default)
From: [identity profile] alienor77310.livejournal.com
You can add "incest" to the list of targeted interests. At least one fannish comm has been deleted because of it.

Date: 2007-05-30 06:43 pm (UTC)
From: [identity profile] kistha.livejournal.com
You can find a bit more info in order here - http://liviapenn.livejournal.com/467077.html

Date: 2007-05-30 06:46 pm (UTC)
From: [identity profile] wordweaverlynn.livejournal.com
Blame Warriors of Innocence. They claim that having illegal actions as a searchable interest means we're soliciting for such illegal actions. I've had to change the interests list of a community I own and moderate: [livejournal.com profile] healingpartners is a safe place for people with PTSD and their partners to discuss the traumatic effects of war, violence, ch*ld abuse, and *nc*st.

Date: 2007-05-30 06:46 pm (UTC)
From: [identity profile] abostick59.livejournal.com
I keep my blog on the server that's at the end of my hallway, with its own domain and IP address. I keep a LiveJournal account strictly so I can comment on my friends' LJs.

A friend just re-edited the interests list for an incest-survivor community she manages.

What a bunch of twits. It's like Six Apart was bought out by Yahoo! and is being managed by the team that manages Yahoo! Groups.

Date: 2007-05-30 06:49 pm (UTC)
From: [identity profile] wordweaverlynn.livejournal.com
Whoops, hit send by accident.

Yes, they are deleting support communities.

And they are not giving anyone a chance to just readjust their interest lists.

Back up your LJ, friends. Try , although it doesn't preserve comments.

Oh, damn. I need to go check my [livejournal.com profile] mslorelei account. Although the perverted leather interests there are not on the kill list yet.

Freaking assholes.
(http://www.ljbook.com)

Date: 2007-05-30 08:51 pm (UTC)
From: [identity profile] antonia-tiger.livejournal.com
There's a part of me, looking at the way law enforcement has over-reacted to hints of paedophile connections, that is glad of this crackdown.

But the rest of me is pretty disgusted of what else is being attacked. Removing support groups disgusts me.

A long time ago, I was using an ISP in the UK which lost a court case on defamation. For a few days things went pretty crazy, with a wildly exaggerated sensitivity to alleged defamation. This sounds rather the same: people with a poor understanding of the legal issues in a state of panic.

Is it any wonder that people want to run their own servers for bloggimng,

Date: 2007-05-30 09:03 pm (UTC)
From: [identity profile] rarkrarkrark.livejournal.com
> Yes, they are deleting support communities.

Which communities? None of the lists I've read (and I've read a bunch) list any support communities that I recognized as such. I know of one person who is a survivor who got deleted, apparently due to listed interests. Thus far I've been unable to confirm that any support communities were deleted or even get a name of one that might have been deleted but lots of people seem to be saying this.

If they insist on sticking with their legal interperatation of interests helping people commit crimes they'd do best to just give up the interests feature all together.

Date: 2007-05-30 09:28 pm (UTC)
From: [identity profile] wordweaverlynn.livejournal.com
You're right. I am assuming that support communities would be deleted, because LJ's stated policy (http://ataniell93.livejournal.com/818441.html) is:

Abuse: Material which can be interpreted as expressing interest in, soliciting, or encouraging illegal activity places LiveJournal at considerable legal risk. When journals that contain such material are reported to us, we must suspend them. Because LiveJournal's interests list serves as a search function, and because listing an interest enables other people also interested in a similar topic to gather and/or congregate, we have been advised that listing an interest in an illegal activity must be viewed as using LiveJournal to solicit that illegal activity.

In particular, the interests that you had listed on your two journals' profiles that qualify as expressing interest in, soliciting, or encouraging illegal activity were: child abuse, human sacrifice, kidnapping, killing, murder, paedophiles, paedophilia, rape, and beating people up.

Our legal counsel advises us that it would increase LiveJournal's liability if we were to allow your journal to be unsuspended for you to delete the illegal interests from your profile. This is because if someone were to remove the illegal interests from his or her profile, but was in fact using LiveJournal to coordinate, solicit, or participate in illegal activity, LiveJournal would most likely be considered to have foreknowledge of that activity and thus become liable.

We recognize that many people list these types of interests for shock value, as a method of expressing opposition for these illegal activities, or to indicate fictional activity. Unfortunately, the Abuse team does not have any discretion in these cases; if a journal profile contains interests that support illegal activity, we must suspend the journal. Journals, on the other hand, may express or imply interest in illegal activity or express or imply a desire to meet and/or interact with others with similar interests, but only if the journal clearly (1) is in opposition to or condemnation of the illegal activity, (2) does not encourage the illegal activity and (3) is not used in furtherance of any illegal activity.

I do recognize that your accounts may not necessarily be the type of content that this policy is directly intended to remove from LiveJournal, and I do understand that your journals contained only fictional content. Unfortunately, as I've mentioned, the Abuse team has no discretion in how these instances must be handled. Because your account was reported to us, and because it contained illegal activities in your interests list, we must permanently suspend it. While I know that it may be little consolation, you can download your journal entries by using the Export Journal tool as described in http://www.livejournal.com/support/faqbrowse.bml?faqid=8&view=full. This tool will function even if your account is suspended.

Also, a community reading Lolita has been suspended. (http://lolaraincoat.livejournal.com/253978.html?thread=2871578)



Date: 2007-05-30 09:33 pm (UTC)
From: [identity profile] wordweaverlynn.livejournal.com
That letter from Abuse was published at:

http://ataniell93.livejournal.com/818441.html

Date: 2007-05-30 10:45 pm (UTC)
From: (Anonymous)
Well, if that happens they'll just be opening themselves up for more competition, as the software for LJ is free to use. Not to mention there are nay free blog servers available.

I wonder what DeadJournal's policies are? :)

Date: 2007-05-31 12:17 am (UTC)
From: [identity profile] omahas.livejournal.com
Our legal counsel advises us that it would increase LiveJournal's liability if we were to allow your journal to be unsuspended for you to delete the illegal interests from your profile. This is because if someone were to remove the illegal interests from his or her profile, but was in fact using LiveJournal to coordinate, solicit, or participate in illegal activity, LiveJournal would most likely be considered to have foreknowledge of that activity and thus become liable.

Translation: they didn't bother to review what they suspended...they suspended it because someone reported that one (or more) of the interests in the interests list were issues that, if acted upon, would be considered illegal.

Talking about illegal activities, however, is not illegal...unless the talk is meant to encourage the illegal activity. In fact, I question from a legal standpoint whether they would be liable for any legal action unless they had foreknowledge of the talk and did not remove the LJ when alerted to it. In other words, if someone looking at the account reported the account to Abuse and said, "this account is encouraging illegal activity X" and Abuse reviewed it and determined that, yes, it was doing exactly that, and then deleted it.

Therefore, what Abuse is really saying is that they are too lazy to in fact look at each LJ account that has an interest that, if acted upon, would be considered illegal, and decide for that LJ whether it is, in fact, encouraging an illegal activity.

This is a policy that LJ Abuse will find will get Six Apart in financial trouble, as more and more LJ users will leave and go elsewhere...where the company that manages the blog software policies isn't lazy.

I am not a lawyer, but . . .

Date: 2007-05-31 12:54 am (UTC)
From: [identity profile] wordweaverlynn.livejournal.com
I suspect it may be more complicated than that. If they check accounts to determine whether there is a problem, they might become "publishers" of LJ, not just a service provider, and therefore legally liable for the contents.

Date: 2007-05-31 01:46 am (UTC)
From: [identity profile] http://users.livejournal.com/_candide_/
If LJ becomes a Disney Gated Community, I'm so outta here, whether they push me or not.
And if that happens, let us know?

That way, we can join you.

Re: I am not a lawyer, but . . .

Date: 2007-05-31 02:24 am (UTC)
From: [identity profile] omahas.livejournal.com
Well, in the same way one could say that makes every ISP a publishing service now, because ISP's are required to pull the hosting of websites that are committing illegal activities that they are alerted to. However, the ISP's neither go searching for whether sites that they host commit illegal activities, nor, I suspect, do they pull a site simply because someone made a claim about it. The claim is investigated.

In the same way, Six Apart would need to investigate a claim to see if the person with the LJ had actually violated the policy (i.e. used the Interests lists to encourage the actions of illegal activities.)

However, none of that matters anymore, as Six Apart has now officially stated that their reason for pulling the accounts were not legal, but because these accounts didn't fall within the "community [LJ] wanted to build." Go read Mass Deletion Sparks LiveJournal Revolt to see the sad truth straight from the mouth of Six Apart's CEO.

Date: 2007-05-31 05:50 am (UTC)
From: [identity profile] bldrnrpdx.livejournal.com
Freaking hell. As an Ageplayer, I'm sure I'd qualify for all sorts of banning. Fucking bastards. First Yahoo, then Tribe, now this bullshit.

Isn't this a bad move for them

Date: 2007-05-31 04:47 pm (UTC)
From: (Anonymous)
Doesn't an online service lose their Safe Harbor protections the moment they admit responsibility for the content on their site? I would think they have really opened a can of worms for themselves here.

Respectfully,
DB_Story

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