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When Should a Website Edit Its Users? 159

rw2 asks: "Can a weblog edit users comments without opening itself up to liability in case of a slander suit? I run a political weblog and have a policy similar to slashdots in terms of the comments posted belonging to their owners. I'm worried about instituting something like lameness filters as it seems like as soon as you start regulating what your users post you have agreed to edit them for other reasons as well. Can someone point me to a good resource on issues like this. Those of us who aren't owned by publically traded companies are better off avoiding potential problems rather than hire lawyers to help us wiggle out later." Honestly, this greatly depends on the type of weblog you run and the community behind it. I don't think a one-answer-suits-all-sites solution exists, particularly for the reason that what may be inappropriate for one site may be more than appropriate for others. What say you?
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When Should a Website Edit Its Users?

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  • IANAL (Score:5, Interesting)

    by Snowfox ( 34467 ) <snowfox@NOsPaM.snowfox.net> on Saturday December 01, 2001 @11:49AM (#2641089) Homepage
    Really, Slash is a funny place to go for this question. You really want to talk to a lawyer.

    That said, if memory serves you lose your status as the equivalent of a common carrier and become responsible for the content as soon as you perform subjective modification or exclusion.

    Dropping messages which violate an established set of rules is one thing, as was recently upheld in a lawsuit against Yahoo. But if memory serves, subjectively editing and dropping posts is what made a slander lawsuit against Prodigy successful. By having selectively removed posts, Prodigy was, in effect, endorsing the remainder.

    Google should be your friend on both cases - the Prodigy case made a fairly big buzz in its time, and I have to think there must have been a dozen more since.

  • erm... (Score:2, Interesting)

    by 2MuchC0ffeeMan ( 201987 ) on Saturday December 01, 2001 @11:50AM (#2641091) Homepage
    i'm a moderator for a somewhat large website,
    and our rule is NEVER edit a post, only delete it... i've been told it's against the DMCA ... i dunno if it's fully true though, cause IANAL.
  • by ajuda ( 124386 ) on Saturday December 01, 2001 @11:54AM (#2641106)
    Click Here [slashdot.org] to read about the time when slashdot was forced to delete a post about scientology. It's interesting and relates to your question.

  • by pdqlamb ( 10952 ) on Saturday December 01, 2001 @11:55AM (#2641107)
    You might want to institute something like the slashdot system, and let your users do the moderating. IIRC, AOL was held liable in a slander suit because they (AOL) were moderating users' posts. The act of moderating, to our brilliant judiciary (hack, spit!), is equivalent to your agreeing with, and even stating yourself, everything that's left on your message board. Let the slashdotters push the crap to the bottom of the heap; you're not exercising editorial control then.

    It's good that you're thinking about this now, because I suspect political arenas would attract more lawyers and highly inflammatory idiots than most. That combination is asking for lawsuits, IMHO.

  • Lameness Filter? (Score:5, Interesting)

    by mESSDan ( 302670 ) on Saturday December 01, 2001 @11:55AM (#2641108) Homepage
    I'm worried about instituting something like lameness filters as it seems like as soon as you start regulating what your users post you have agreed to edit them for other reasons as well.
    Slashdot has a lameness filter and I don't think it indicates that there has been other editing going on. Granted, it can hit at importune times, like when you're just trying to Karma whore and post a quick link to this or that, but it also does do some good, mainly by keeping the goatsecx man away.

    Too bad they don't have a lameness filter on the submission box though, that would theoretically keep most Jon Katz articles from ever making the front page ;)

    The potential upside in reference to your question is that since the lameness filter happens before the comment becomes a post and part of the static page (atleast here on Slashdot, I'm not sure on your site, I don't have an account and you can't post unless you do), You probably won't be sued unless its by someone who's going to sue you anyway.

    Just my 2 cents.

  • Re:Moderation (Score:5, Interesting)

    by verbatim ( 18390 ) on Saturday December 01, 2001 @11:56AM (#2641110) Homepage
    Define "inappropriate stuff". If the process is automated, then there is nothing you can do. However, if you (or any moderator) has subjective privieldge over what is and what is not appropriate, then the line is blurred.

    There is obviously useless stuff, "f1r57 p057", links to inappropriate websites, and the sort. But if it isn't an automated process, then subjectivity can interfere with moderation.

    What happens when someone simply pisses you off? Do you abuse your power and delete their post? What if the users start to withold posting out of fear of being "edited" or censored.

    Perhaps write a clearly defined policy regarding what is and what is not acceptable. Adhere to that policy very strictly and make sure everyone is completly aware of it. Then, when some big wig company asks you to censor/change something, just wave your policy at them.

    I guess.
  • by Anonymous Coward on Saturday December 01, 2001 @12:14PM (#2641149)
    You do make a good point. Slashdot didn't have nearly as many trolls as they did until after they put in a moderation system and all this fancy crap. Remember, people reading this site are by its claim "nerds" and geeks and they love the challenge of finding ways around Slashdot's hypocritical moderation system. Its really no different than your average geek trying to hack their TiVo or iOpener or something. Slashdot's editors seem to think it is some kind of personal war.. hehe. It's actually pretty humorous to watch. No matter how hard you try someone will just be urged to try harder and suddenly you're going to find yourself in a pissing war which will take down the entire weblog with you. That's what has happened to Slashdot. If on the other hand you keep it quiet, find who is posting the crap, and just ban their IP address range you don't attract attention very easily.
  • Editing comments (Score:5, Interesting)

    by buss_error ( 142273 ) on Saturday December 01, 2001 @12:33PM (#2641168) Homepage Journal
    On the one hand, the Slashdot style (perhaps not slash code, but you get the idea) gives you the ability to let your reader community decide what is crap and what isn't. On the other hand, a community can develop that tends to moderate down ideas they don't agree with, even though the idea itself may state a point. (Valid to the reader or not, it is still a point.)

    I've noticed that I tend to moderate up most things, and only mod down Goat Sex type posts. I don't even do the "First Post!" type comments down. The Goat Sex guy may have had a point at one time, but it's been made, let's move on now. Nothing to see here.

    On the other hand, someone is always going to get ticked off no matter what you do, sometimes even if you do exactly what they espouse they want. This is called Damned if you do, Damned if you don't, and Damn them all anyway.

    Part of the problem, as I see it, is that if you give yourself and out to edit or remove comments, that same out conversely gives you a liability to do that on demand from someone else. I was reading the other day that a judge ruled that as a general rule, postings to forum sites are generally accepted to be opinion, not statements of fact (IANAL). As such, these are not for the most part actionable in any case, though you can START an action anyway.

    The real problem here is the legal system that allowes for suit for just about any reason. You may not win, but for (in Texas) $144.00 you can submit a complaint to a court, send a Sheriff to drop off papers to appear in court, and scare the living bejesus out of almost everyone involved. Take a walk through case law on a site like findlaw, and you will see the most amazing suits for what seems to you and me to be the silliest reasons. One guy's family sued a plane manufacturer for not putting in the operating manual for the plane that gas was required to fly, and his family won the case.(I think it was Cessna, it might have been Piper. The guy was killed when the plane crashed after running out of gas. May have been overturned later, but look at the cost of fighting it!) I don't know that making the filing of a suit harder is the answer. A more technologically cluefull bench would be a start, and perhaps sanctions against those lawyers and their clients that bring silly stuff to court may help. I don't have an answer for this problem, and I don't pretend that I do.

    I guess this all boils down to this: no matter how you do it, be consistant. No execptions to posted rules at all ever, unless ordered by a court. No matter what you do, someone sometime will bring an action against you no matter what it is you do.

    Remember, I am not a lawyer, this is not legal advice. Some restrictions apply.

  • To be honest... (Score:3, Interesting)

    by Millennium ( 2451 ) on Saturday December 01, 2001 @12:58PM (#2641222)
    I'm something of a free-speech absolutist myself, so I would say that at least ideally, the only time editors should be doing any actual editing is cleaning up duplicate posts, and perhaps mving posts from one forum to another one that's more appropriate, in multi-forum setups.

    Beyond that, Slashdot-like moderation by users is the way to go. Slashdot's system has its flaws (the amount and direction of moderation should be independent of description, though there's definitely a need for both), but it's the best general idea that I've seen.
  • by Rectal Prolapse ( 32159 ) on Saturday December 01, 2001 @01:13PM (#2641254)
    www.hometheaterforum.com

    That site is the absolute BEST discussion forum I have ever seen in my life. Take a look at their rules/policies, and you'll quickly see why. And the moderation is extremely fair. I have not seen ANY evidence of abuse or hypocrisy anywhere on that site.

    Quite frankly, it frequently puts Slashdot to shame in the quality of content and signal-to-noise ratio.

    Still, I find Slashdot an amusing place. Sure, most Slashdot folk don't have a clue about home theater hardware hacking, but hey, it's fun!

    So far, the HTF has not been threatened by any lawsuits that I know of, even though they deal with movie studios and their employees.
  • by wadetemp ( 217315 ) on Saturday December 01, 2001 @01:18PM (#2641259)
    This is just an idea I had. If you want to delete certain offensive posts without suggesting endorsement of the other posts, why not drop some legal-speak down in the bowels of your documentation stating that the software you run (which it sounds like you wrote) is "use at your own risk" and "not guarenteed to be free from defects, including those that might affect your post's appearance on our site."

    Sure, maybe you have a backdoor that lets you delete things you don't like, if you don't have the ability to implement such a "feature" directly. It would naturally be something you wouldn't want to do all the time, but if someone starts goatse'ing your site, just delete thier posts using your backdoor. So the system "loses" posts of a certain character length, or that contain the word goatse, or that are from a user who's username is a certain combination of characters? And who's to say that it's NOT a bug that's causing the posts to be deleted? (Of course, I'm assuming your source code isn't available by request :) )

    I realize there are alot of moral issues with this idea, but hey. I'm just trying to think of a way you could delete things. I don't know that I agree with my own idea, feel free to knock it down or improve it. But you know, I don't know of anyone who's held MS liable when Word crashes, thus "censoring" what I'm typing. I don't give it a second thought.
  • Re:Moderation (Score:3, Interesting)

    by Nishi-no-wan ( 146508 ) on Saturday December 01, 2001 @02:05PM (#2641398) Homepage Journal
    [...] But if it isn't an automated process, then subjectivity can interfere with moderation.


    What happens when someone simply pisses you off? Do you abuse your power and delete their post? What if the users start to withold posting out of fear of being "edited" or censored.



    I fell into this trap myself. I had no moderation for two years, then all of a sudden, some jerk kid started posting things ranging from racial slurs to out and out attacks on what others wrote. My "regular" participants started writing to me off the list complaining, wondering what was going on.


    I posted a request to keep it clean. That only sparked a bunch of personal attacks on my character. So, I started deleting the moron's more offensive posts. When that didn't deter him, I started deleting some of his less offensive posts to show him that I meant it. Some of those posts were pretty good, too, showing some insight in between the insults. Looking back, I regret deleting some of them, but...


    I've now switched to a moderation system of approve or throw out. I've calmed down quite a bit since then and don't throw out anything slightly insulting any more - if there is a good argument behind it. If it isn't adding anything, like "You don't know what you're talking about, idiot," then it's gone.


    Since I started moderating, the fool tried posting a great deal, with a lot of insults toward me, the first couple of weeks. He seems to have finally gotten the idea and tries once every week or two.


    Deciding to moderate was a very hard decision. I didn't want to cencor anybody, and I still don't. But some of the other readers made a distinction between "free speach" and appropriate behavior. Free speach is vital when it comes to being able to talk about a governing body. However, the example one person gave where free speach is not an absolute law would be should somebody come into my home and verbally abuse me. To do so would be begging to be kicked out.


    Nonetheless, I tried to be reasonable with him, but he obviously doesn't bow to any kind of authority whatsoever. I would have liked to have had a dialog with him off-line, but since I don't require valid e-mail addresses, and he didn't supply any, I was unable to contact him other than by writing articles "to" him.


    Also, right from the start he used anonymisers and/or hacked into cable modems. That got me very interested in securing my box as best I could. I shut down FTP (only one person was using it), and pretty much everything else in /etc/inetd.conf was disabled from the start. SSH 1 was also disabled.


    Other than the usual MS CodeRed and MS Nimda attacks, there doesn't appear to be anything out of the ordinary, so I could let out a sigh of relief that he's just a kid who knows how to use a limited range of tools (anonymisers to cause havoc), and not one who understands how thinks work (like a cracker). Nonetheless, my paranoia level has risen above the black helicopter level since then.


    What did I learn? Don't bother trying to reason with the morons. Just moderate them away without acknowleging their existance. They seem to live to insult others and watch their reactions. If there are no reactions (other than their obnixious posts disappearing), they should eventually go away. (I'm hoping so, anyway.)

  • by zenyu ( 248067 ) on Saturday December 01, 2001 @02:30PM (#2641445)
    (a) You cannot out anybody. If you give out a name or location, that post gets edited or deleted. People who post that sort of thing are often warned about it, and have the option to fix it themselves within the 30-minute "edit window" for a post.

    This is the one thing about the "either you censor everything or nothing" idea that bothers me. If someone posted the home address of someone that wasn't a public figure tagged with some hate it could actually endanger someone, even if it was mod'ed to -1. I can see how in a public square you could say it and you could even make a 1000 copies and paste it all over town, but there are controls there. People could take them down off the telephone posts and we should have the same ability in cyberspace without opening ourselves up to litigation. It shouldn't be required, I can see how posting the same private address for a public protest would be ligit, but it should be safe to take it down.
  • by nusuth ( 520833 ) <oooo_0000us@nOSPAm.yahoo.com> on Saturday December 01, 2001 @04:31PM (#2641717) Homepage
    Presumably you can ignore all offensive posts, I can too. Presumably everyone with enough bbs boards/fido/usenet/internet boards experience can along with some few people who has an insight to abuser dynamics without digital discussion platform experience. But not all users belong to these groups, we -if you won't be offended by the pronoun- aren't even the majority. And a few users respond to abuse, others rookies will follow. So your scheme won't work. They WILL get reaction, they WON'T be ignored unless you are running a board for the "elite."
  • by Legion303 ( 97901 ) on Saturday December 01, 2001 @04:53PM (#2641786) Homepage
    As a participant in a forum or message board, if you see something "offensive" - IGNORE IT - DO NOT REPLY. If you are the owner of a message board and you are not willing to accept posts that you don't like, then DO NOT RUN A PUBLICLY ACCESABLE MESSAGE BOARD.

    It's that simple. Period.

    No it isn't. As someone with a public guestbook myself, I know the difference between something "offensive" and something "abusive." When someone posts the same idiotic joke hundreds of times in a row, I delete them all. You go ahead and ignore messageboard abuse and see how fast your board fails.

    -Legion

  • by iskander ( 9699 ) on Saturday December 01, 2001 @05:13PM (#2641849)

    You said:

    I've occasionally wished that I could rewrite some of the hasty stuff I've written. Of course, I can also see where editing after the fact could change the nature of any thread that follows.
    * [slashdot.org]

    This is why I believe it should be possible for a user to retract his comment - not edit, retract - just as it is possible to cancel a Usenet post. People may have seen the post, quoted it in their replies, and perhaps even archived it, but the post will no longer be available on the newsgroup itself. In fact, the unavailability of a post at the top of a thread is a common phenomenon on Usenet, where posts simply expire without the intervention of the author, so this feature needn't be shocking to Slashdot users if ever it were implemented.

    This is a lot like what happens in Real Life (I choose that phrase because Taco likes to use it when defending his site policies) where you can't unsay what you said, and some people may never let you live it down as long as their memory serves them -- but you can certainly stop saying it and, if you're humble enough, you can take it back. Now, you might say that, in real life, one takes something back by saying something else, and that's true enough; however, in real life, one has the option of no longer saying something, whereas, in Slashdot, whatever you say is repeated everytime a request for the page containing your comment is served, even if you later change your mind. I think the ability to take something back (post cancellation/removal) would compensate for the inability to change one's position (post editing) as clearly as in Real Life.

    Now, it seems to me that if Slashdot were to honor the poster's copyright, as the notice at the bottom of each Slashdot page claims it does, then it would have to comply with a user's request to remove a comment of which she herself was both the author and the copyright owner. In light of that consideration, would it not be simplest for this functionality (removal of a post by its author) to be available on the board so that administrator intervention is not required? Given that, in the recent Slashdot review of a book on the design of community websites [slashdot.org], defined by the author as websites where users interact with one another directly, our very own CmdrTaco is interviewed as an expert, I think it's safe to assume that he's already thinking about this sort of stuff. ;-)

    Now, I can't know how easy or how difficult it would be to add post removal functionality to Slashdot because I've never looked at the code, but I think this would be a welcome Slashdot feature -- one that would make this community seem more like the ones in so-called Real Life, and indeed more like others on the Internet itself.

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