Insomnia (insomnia) wrote in lj_biz,
Insomnia
insomnia
lj_biz

TOS violations...

I wanted to suggest a consistent method for all those involved in support to address reported TOS violations. Here is my suggested method:

1. Examine the TOS and determine what sections of the TOS the user may have violated. If you are unable to find a TOS violation, let the party who reported the violation know that fact, and let them know they can examine the TOS at http://www.livejournal.com/legal/tos.bml . Let them know they can re-submit their complaint if they can clearly show an incident that constitutes a TOS violation.

2. Examine the offending post(s) and determine what content is not an offense of the TOS, but is protected freedom of speech.

3. If you reasonably suspect that a serious crime has been or may be committed, especially one that could threaten someone's life, contact the local authorities and seek advice on the proper steps to take. Contact BradFitz so that we can determine the user's IP address, as it may be needed for investigative purposes.

4. If no serious crime has been threatened or committed, contact the offending party and let them know specifically what sections of the TOS they violated. Give them the link to the TOS. Give them 72 hours to edit their LJ so that they aren't in violation. Let them know that if they fail to respond within that time period, their account will be referred to an administrator for account cancelation, as provided for in the TOS. Make it very clear that we respect their rights to free speech, but that the specific parts of their post that violated the TOS are not acceptable. Do NOT mention who reported the TOS violation. Keep the report anonymous!

5. Let the user who issued the complaint know that you have contacted the offender and that they have been given a reasonable amount of time to address the complaint. Let them know specifically what the TOS violations were and make it clear that all other content the user posted does not have to be deleted, since it is protected by free speech rights.

6. Follow up after 72 hours, or escalate the issue to make sure that someone else (either I or Brad, probably) does. If the user is still in violation of the TOS, escalate the issue to Brad immediately for account cancelation.

So, does everyone think this to be a reasonable policy? Can one of the support people make it known/available to others who do support so that this can be the consistent method of addressing these issues? Ramie, should this be in a FAQ somewhere?

- M.

Thanks,
Mark
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