Comic #1

LJ and Free Speech

Thursday, May 31st, 2007 at 4:32 pm by Jami

If you want the scary details of how Livejournal (from here on referred to as LJ for brevity’s sake) just screwed itself, read what Six Apart CEO Barak Berkowitz has to say here. Let’s see if I can do the Cliff’s Notes version.

Apparently, LJ had received a complaint from outside the LJ community and decided to take action. LJ decided to clean up some of the accounts it felt were in violation of its terms of service. They were specifically targeting anything to do with pedophilia, incest, and other nasty shit that I can’t think of. They started closing accounts including some fanfic groups, anti-pedophilia and anti-incest communities, support communities for survivors of such acts, and anything dealing with Vladimir Nabokov’s Lolita. This pissed off quite a number of users who jumped ship to other journal services where their interests would not warrant suspension.

Damn, that’s not very Cliff notey.

Let us now begin our discussion of freedom of speech.

We here at AZM believe strongly that everyone has the right to say what the fuck they want, when, where, and however the fuck they want. On the internet, even more so. I regularly exercise this right every day of the week and twice on Sunday. Fuck, fuck, fuckety, fuck. Hitler penis, Hitler penis, Hitler penis.

From the outset, it would seem that LJ’s actions are an affront to that freedom. Talking about raping an underage kid is not the same as performing the act. And as distasteful, horrifying, and completely fucked up as that is, posting about such acts should be protected.

Gross, I can’t believe I just wrote that.

On the other hand, LJ’s actions were completely within their rights. Some may feel they over-reacted to an outside complaint, but LJ did what they did and that’s their right. Although they do offer free service and pretty much let anyone write whatever shit they feel like, LJ does have terms of service. When you sign up for an account, you agree to those terms. It doesn’t matter if you have a pay account or a free account, your account is bound by the terms set up by LJ. Should they choose to enforce their terms, they have every right to free, suspend, or delete your account. You don’t like it, set up your own joint and write that Harry Potter scheisser fanfic you’ve always wanted to write.

It’s easy for me to say that because I have no horse in this race. If someone had suddenly deleted all the accounts that had the words “Kamen” and “Rider” in it, I’d be fucking livid (fortunately, I’m not hosted on LJ). I am curious to know what other people think of this situation. Witch hunt, as some call it, or perfectly justified?

11 Responses to “LJ and Free Speech”

  1. AvatarJack T Robyn
    1

    “Protected” is always a tricky word. I think you have it pretty much correct; they have a right to say and post such things as part of free speech, but LJ has a right to remove them and prohibit them as a service provider.

    What this speech should be protected from is censorship by law and government, not by the lawful acts of other free citizens. This last is my opinion, it is not meant to be an interpretation of your own.

  2. AvatarJason
    2

    If the government came down on them, that’s a violation of free speech. Since they didn’t, it’s simply a company looking out for their own interests. I have no problem with it.

    If the pedophiles want to fund their own platform, no one is stopping them.

    JMHO (oh, and the law’s too… ;) )

  3. AvatarHenry
    3

    I can’t think of anything you can do to foster more ill-will that to shut down rape and incest survivor support groups. I mean, FUCKING SUPPORT GROUPS!! That’s going too far.

    If you look at the article again, it seems that they realized that they fucked up severely and are trying to fix it. Frankly, I have a lot of respect for people that can admit that.

  4. AvatarCharmCityShinobi
    4

    It’s pretty crazy that LJ went through and suspended all those accounts quite quickly without notification or clarification from the users. But fortunately they only suspended and not deleted, so that people whose blogs or communities dedicated to fighting pedophilia and incest can have their accounts reinstated.

    LJ has owned up to their mistakes which is a great thing; the only thing that they did wrong which they admit was a flaw system at preventing this content without hurting those trying to be supportive.

    I think they were entitled to what they did, and for people who complained they are only doing so cause this is a minor inconvenience to them, but if someone else’s content had a detrimental influence on them, I’m sure they’d be quick to complain. People love to complain when the system fails but never acknowledge when the system runs smoothly.

  5. Avatartorso_boy
    5

    Jason pretty much nailed it as far as my opinion goes. Though, I might add that if they are to continue to enforce such policies, then they should start to rebrand their company so that potential new users know what type of journalling environment they would be signing up for.

  6. Avatarshadebug
    6

    If, as they claim, this has all been done according to the terms of service then no rebranding is necessary being that the branding is right there and you read it before ticking the agree box. You did read it before ticking the agree box, didn’t you?

  7. Avatarfiftywan
    7

    Sure, they had the right to close all the accounts they want. That’s what their Terms of Service grant them. They don’t even have to give a reason to do so.

    Yet, I can’t help but think at the collateral damages. French Declaration of Human Rights, back in 1789 (and I think the American Constitution does that, too), warranties Freedom of Speech. This Freedom, as always, has limits. Denying the Holocaust, for example, is considered a crime.

    I was raised with these concepts in mind, and agree with it. People should be able to say what they want, as long as they’re not offensive to other people or communities.

    “With great powers come great responsibilities”. IMHO, they should have checked each account they were closing.

  8. AvatarGeorge
    8

    Problem here is, they went across the board and eliminated accounts that were anti-pedophile and anti-incest. They’re infamous for acting without thinking. A while ago, they were banning people for using images of breastfeeding. I wasn’t on LJ then, but I signed up just to complain, use a nursing image and get banned, as a form of protest. I really hope the whole thing craps out for them and LJ disappears forever. The web world doesn’t need more brainlessness.

  9. AvatarJason
    9

    “French Declaration of Human Rights, back in 1789 (and I think the American Constitution does that, too), warranties Freedom of Speech.”

    But this doesn’t mean you can come into my house and start talking about some thing as simple as even the Denver Broncos without getting your ass thrown to the curb (I hate the Broncos). The nation is free, private property is not. That sounds like a rambling analogy–but in it the nation is the Internet: you want to talk about pedophilia on your own site, have fun. But, when you’re talking about it on someone else’s business platform, you can get tossed (even without the “terms of conditions.” they don’t need that to run their business as they see fit).

  10. AvatarD-W
    10

    Considering that they owned up to their mistake of suspending the support group I would saw that LJ is handling this fairly well. These are some pretty serious subjects that people have journals on and LJ would carry some liabilty if they became aware of activity that was considered illegal and did nothing. Sure writing about pedophilia and incest may be protected but there is the risk that these writings are based on real acts which has no protection.

    I really don’t fault them for not initially reading each and every journal on these subjects only because of the shear number of them. Sure it sounds easy enough, but I wonder if they have people whose sole job it is to check site that have receive complaints and how many complaints they recieve a day.

    As for Free Speech, sure we have the right to say what we want but we also have to realize that there can be consequences. IMHO, everybody has the right to say what they want, but they also have the obligation to bear the burden of their words afterwards.

  11. Avatarwarrior_monk721
    11

    I bet the same people who did that are the ones trying to get the former chief of the aclu (who was convicted of child porn, the investigators said it was the most violent and disgusting so far) ‘maximum internet access’… which is like giving a convicted murderer a gun! >:[

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