Azure Jane Lunatic (Azz) 🌺 (
azurelunatic) wrote2013-07-28 09:26 pm
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Entry tags:
"not currently in violation" - what #Twitter really needs to do about its abuse problem
Background: So there's a current up-in-arms regarding really skeevy crap on Twitter. It goes like this:
Someone (often female) says something that gets the attention of abusive asshats.
Abusive asshats (often male) say things on Twitter that are entirely possibly legally actionable.
Their target complains, usually to Twitter, with screenshots and links.
Support volume being what it has to be, it takes a while to get notice.
The abusive asshat cleans up their account in the interim.
Twitter comes back and says that Abusive Asshat's account is "not currently in violation" of Twitter's terms of service.
This is remarkably unhelpful to the person who's been the target of all this abuse.
Now.
I have never been a member of LiveJournal's Abuse Prevention team. I am not a member of Dreamwidth's Terms of Service team. (I am a Dreamwidth spamwhacker, which is a partner department.)
From my experience in conversing with various then-current and former members of LiveJournal's Abuse team, I can say quite firmly that accepting accuser-sourced screenshots of content that is against the Terms of Service of a website is not, and can never be, a form of evidence that can be solely admissable when enacting penalties against an offending account.
Why? Screenshots can be faked.
I am as certain as I can be without having been personally there and witnessed the whole thing go down that 99% of the women on Twitter reporting that jacked-up asshats are promising to enact various forms of appalling violence to them (most of it rapey) have legit complaints. I've seen enough of it happening to know that it's happening and not being exaggerated a large majority of the time. It's got to be against the rules.
But the jackholes in question are sometimes canny enough to make their violations disappear from their Twitter accounts before it gets taken official notice of, and then all Twitter has is the word of the complainant and the screenshot.
There's a technical solution for this, and it's not a "report abuse" button that can be gamed by someone with a huge following on their side.
The technical solution for this is a "preserve and report tweet" button that caches the offending tweet on Twitter's servers, and initiates the reporting process, where the complainant fills out the appropriate forms, making reference to the secured and admissible cached tweet.
After this, no matter if the offender cleans up his account, there is still a record that he said this thing, assuming someone initiated the reporting process. Furthermore, the complainant could be given a Twitter case number to give to law enforcement, and law enforcement could then request testimony from Twitter that the offending tweet was made, in case it's something deserving of criminal or civil charges. The cached copy would remain accessible to Twitter's speaker-to-cops department even after Twitter suspended the account for violations.
Someone (often female) says something that gets the attention of abusive asshats.
Abusive asshats (often male) say things on Twitter that are entirely possibly legally actionable.
Their target complains, usually to Twitter, with screenshots and links.
Support volume being what it has to be, it takes a while to get notice.
The abusive asshat cleans up their account in the interim.
Twitter comes back and says that Abusive Asshat's account is "not currently in violation" of Twitter's terms of service.
This is remarkably unhelpful to the person who's been the target of all this abuse.
Now.
I have never been a member of LiveJournal's Abuse Prevention team. I am not a member of Dreamwidth's Terms of Service team. (I am a Dreamwidth spamwhacker, which is a partner department.)
From my experience in conversing with various then-current and former members of LiveJournal's Abuse team, I can say quite firmly that accepting accuser-sourced screenshots of content that is against the Terms of Service of a website is not, and can never be, a form of evidence that can be solely admissable when enacting penalties against an offending account.
Why? Screenshots can be faked.
I am as certain as I can be without having been personally there and witnessed the whole thing go down that 99% of the women on Twitter reporting that jacked-up asshats are promising to enact various forms of appalling violence to them (most of it rapey) have legit complaints. I've seen enough of it happening to know that it's happening and not being exaggerated a large majority of the time. It's got to be against the rules.
But the jackholes in question are sometimes canny enough to make their violations disappear from their Twitter accounts before it gets taken official notice of, and then all Twitter has is the word of the complainant and the screenshot.
There's a technical solution for this, and it's not a "report abuse" button that can be gamed by someone with a huge following on their side.
The technical solution for this is a "preserve and report tweet" button that caches the offending tweet on Twitter's servers, and initiates the reporting process, where the complainant fills out the appropriate forms, making reference to the secured and admissible cached tweet.
After this, no matter if the offender cleans up his account, there is still a record that he said this thing, assuming someone initiated the reporting process. Furthermore, the complainant could be given a Twitter case number to give to law enforcement, and law enforcement could then request testimony from Twitter that the offending tweet was made, in case it's something deserving of criminal or civil charges. The cached copy would remain accessible to Twitter's speaker-to-cops department even after Twitter suspended the account for violations.
no subject
However, I'm not sure how well a function to preserve user data for abuse prevention purposes would fit within Twitter's Terms of Service and Privacy Policy, as well as various privacy laws (especially in Europe). There doesn't seem to be anything in their TOS that grants or implies an absolute right to delete data, but there's also nothing that grants Twitter the right to indefinitely preserve user data (even the license granted by the user in section 5 isn't irrevocable).
Their privacy policy specifies that you can delete your account (and thus your data) from their servers, but does mention a 30-day delay. It's possible a "preserve for evidence" feature could work with a maximum retention of 30 days or something like that.
Or, of course, they could just rewrite their TOS.
no subject
Data retention. Such a fascinating topic.
no subject
Fake screenshots of tweets are so abundant (especially on Tumblr) it's not even funny. Standard fonts, identical formatting for every tweet, it's not ten minutes of work in any graphic editor.