Update: LJ *admits* they can't judge what is legal and what isn't!
In a followup to a story I've written re LJ tolerating communities promoting "Bible-based baby beating" whilst nuking fandom communities and fanart posters (original post here and mirrored on this community, update here and mirrored on Innocence Jihad here), it seems that LJ Abuse got back to me in regards to one of the missives I sent them (regarding trainupachild).
The answer that I got back was...shall we say...enlightening.
Among other things, this may be the frankest admission yet from Livejournal that they really have no earthly idea what they are doing:
Dear LiveJournal User Dogemperor,
Thank you for following up with the LiveJournal Abuse Prevention Team. We appreciate your concern, but there is no action we can take at this time. While communities have been suspended by LiveJournal if there is proof they promote child abuse, we do not suspend users from LiveJournal on the basis of unsubstantiated allegations, or without clear indication that they violate the LiveJournal Terms of Service(http://www.livejournal.com/legal/tos.bml).
It is not a violation of the LiveJournal Terms of Service for a community's maintainers to place links in their Profile Page which contain links to pages of interest to members of a community, even pages which contain material for sale. The Profile Page for "trainupachild" does not contain any clickthrough promotions or advertising banners.
It is not a violation of the LiveJournal Terms of Service to link to copyrighted material which has been placed on the internet for purposes of self-promotion. In the event that this material has been posted without permission, the Abuse Team is the designated recipient of copyright complaints under the provisions set forth in the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512(c). Unfortunately, for confidentiality and privacy reasons, we are unable to accept complaints from anyone other than the copyright holder or their designated legal representative. In order for us to take action, we will need for the copyright holder or their legal representative to go to http://www.livejournal.com/legal/dmca.bml and follow the procedures outlined in Section 512(c)of the Digital Millennium Copyright Act.
There is no indication based on the link that you have provided (http://maranta.livejournal.com/76723.html?thread=146099#t146099) that any comment-spamming has actually taken place. The user "anulyra" is no longer on LiveJournal, and any posts they might have made would have been deleted when their account was suspended.
Regarding your allegations about James Dobson, Michael and Debbie Pearl, Gary and Anne Marie Ezzo, the Abuse Prevention Team is a small volunteer organization with a heavy case load, and its members are not legally equipped to make judgments regarding their activities. Once again we can only suggest, with the utmost respect, that if you find the contents of this journal disturbing that you avoid viewing it in the future.
Regards,
Alice
LiveJournal Abuse Prevention Team
Okay, let's review:
a) They will not take complaints re copyright infringement save from the actual holder of copyright (I had noted this in specific regard to a link to the entire first chapter of one of the books promoted, the abusive "To Train Up A Child" by Michael and Debbie Pearl); technically, this violates Part XVI, section 5 of the TOS (You agree to NOT use the service to...Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)).
b) LJ is caught in a baldfaced lie--among other things, they claim that struckout members have posts deleted, but as you and I and your dog and my rats and the blind guy across the hall can all see, the request for linkspamming for trainupachild is still live (and so is, for that matter, her own post in the community, among many other posts of hers--so that's pretty well and truly proven as BS). (It's also interesting how they subtly admitted she has been struck-out for abuse.)
c) Livejournal apparently requires the bloodied corpse of a child to be presented to them as proof that a community is in fact promoting religiously motivated child abuse.
d) Livejournal's own abuse department explicitly admits that it is not at all trained in potential legal issues regarding network abuse.
Let me repeat that.
LJ's own abuse department explicitly admits that it is not at all trained in potential legal issues regarding network abuse and is not qualified to give legal judgements.
Among other things, this means:
1) They cannot technically yank accounts for adult fanart, seeing as the Miller standard still applies, and they do not have any way or guidelines as to determine what community standards would be. (This explains why I have never gotten an answer to my question as to what community standards apply.)
2) Any rapid yanking of accounts (without a substantial body of evidence) is likely being done outside of the usual Livejournal abuse system--which is pretty much exactly what got us into this mess. (This is especially of note as new evidence has come out to suggest that Warriors for Innocence is still targeting LJ accounts for nuking, and has expanded efforts to Youtube as well.)
3) They have no information about California law regarding mandatory reporters (if any of the LJ Abuse staff are doctors, lawyers, ministers or teachers--they have just broken California law regarding "mandatory reporters" re child abuse, because they are required by law to report suspicions of or reports of child abuse to law enforcement agencies).
4) LJ is pretty much operating in a legal environment that is just begging for a lawsuit.
Of course, when I tried to provide LJ Abuse this info I found the abuse ticket had been closed and I no longer had "sufficient privileges" to open it. :P
FWIW, here are two requests:
a) It has been suggested by multiple people that the California District-Attorney's office be contacted. The information I have provided to Livejournal in my abuse reports (specifically, all evidentiary links noted) are in the Dark Christianity posts noted above, along with LJ responses. The Office of Victim's Services is linkable here (unfortunately, there is no specific department for reporting allegations of child abuse).
I would in fact encourage multiple complaints of this sort.
b) Please publicise this widely. At this point, this needs to go to media (possibly even television and dead-tree media) as well as widely on the Internet.
The answer that I got back was...shall we say...enlightening.
Among other things, this may be the frankest admission yet from Livejournal that they really have no earthly idea what they are doing:
Dear LiveJournal User Dogemperor,
Thank you for following up with the LiveJournal Abuse Prevention Team. We appreciate your concern, but there is no action we can take at this time. While communities have been suspended by LiveJournal if there is proof they promote child abuse, we do not suspend users from LiveJournal on the basis of unsubstantiated allegations, or without clear indication that they violate the LiveJournal Terms of Service(http://www.livejournal.com/legal/tos.bml).
It is not a violation of the LiveJournal Terms of Service for a community's maintainers to place links in their Profile Page which contain links to pages of interest to members of a community, even pages which contain material for sale. The Profile Page for "trainupachild" does not contain any clickthrough promotions or advertising banners.
It is not a violation of the LiveJournal Terms of Service to link to copyrighted material which has been placed on the internet for purposes of self-promotion. In the event that this material has been posted without permission, the Abuse Team is the designated recipient of copyright complaints under the provisions set forth in the Digital Millennium Copyright Act (DMCA), 17 U.S.C. 512(c). Unfortunately, for confidentiality and privacy reasons, we are unable to accept complaints from anyone other than the copyright holder or their designated legal representative. In order for us to take action, we will need for the copyright holder or their legal representative to go to http://www.livejournal.com/legal/dmca.bml and follow the procedures outlined in Section 512(c)of the Digital Millennium Copyright Act.
There is no indication based on the link that you have provided (http://maranta.livejournal.com/76723.html?thread=146099#t146099) that any comment-spamming has actually taken place. The user "anulyra" is no longer on LiveJournal, and any posts they might have made would have been deleted when their account was suspended.
Regarding your allegations about James Dobson, Michael and Debbie Pearl, Gary and Anne Marie Ezzo, the Abuse Prevention Team is a small volunteer organization with a heavy case load, and its members are not legally equipped to make judgments regarding their activities. Once again we can only suggest, with the utmost respect, that if you find the contents of this journal disturbing that you avoid viewing it in the future.
Regards,
Alice
LiveJournal Abuse Prevention Team
Okay, let's review:
a) They will not take complaints re copyright infringement save from the actual holder of copyright (I had noted this in specific regard to a link to the entire first chapter of one of the books promoted, the abusive "To Train Up A Child" by Michael and Debbie Pearl); technically, this violates Part XVI, section 5 of the TOS (You agree to NOT use the service to...Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)).
b) LJ is caught in a baldfaced lie--among other things, they claim that struckout members have posts deleted, but as you and I and your dog and my rats and the blind guy across the hall can all see, the request for linkspamming for trainupachild is still live (and so is, for that matter, her own post in the community, among many other posts of hers--so that's pretty well and truly proven as BS). (It's also interesting how they subtly admitted she has been struck-out for abuse.)
c) Livejournal apparently requires the bloodied corpse of a child to be presented to them as proof that a community is in fact promoting religiously motivated child abuse.
d) Livejournal's own abuse department explicitly admits that it is not at all trained in potential legal issues regarding network abuse.
Let me repeat that.
LJ's own abuse department explicitly admits that it is not at all trained in potential legal issues regarding network abuse and is not qualified to give legal judgements.
Among other things, this means:
1) They cannot technically yank accounts for adult fanart, seeing as the Miller standard still applies, and they do not have any way or guidelines as to determine what community standards would be. (This explains why I have never gotten an answer to my question as to what community standards apply.)
2) Any rapid yanking of accounts (without a substantial body of evidence) is likely being done outside of the usual Livejournal abuse system--which is pretty much exactly what got us into this mess. (This is especially of note as new evidence has come out to suggest that Warriors for Innocence is still targeting LJ accounts for nuking, and has expanded efforts to Youtube as well.)
3) They have no information about California law regarding mandatory reporters (if any of the LJ Abuse staff are doctors, lawyers, ministers or teachers--they have just broken California law regarding "mandatory reporters" re child abuse, because they are required by law to report suspicions of or reports of child abuse to law enforcement agencies).
4) LJ is pretty much operating in a legal environment that is just begging for a lawsuit.
Of course, when I tried to provide LJ Abuse this info I found the abuse ticket had been closed and I no longer had "sufficient privileges" to open it. :P
FWIW, here are two requests:
a) It has been suggested by multiple people that the California District-Attorney's office be contacted. The information I have provided to Livejournal in my abuse reports (specifically, all evidentiary links noted) are in the Dark Christianity posts noted above, along with LJ responses. The Office of Victim's Services is linkable here (unfortunately, there is no specific department for reporting allegations of child abuse).
I would in fact encourage multiple complaints of this sort.
b) Please publicise this widely. At this point, this needs to go to media (possibly even television and dead-tree media) as well as widely on the Internet.