{"id":25516,"date":"2022-11-04T10:01:05","date_gmt":"2022-11-04T14:01:05","guid":{"rendered":"https:\/\/abovethelaw.com\/?p=910609"},"modified":"2022-11-04T10:01:05","modified_gmt":"2022-11-04T14:01:05","slug":"hey-elon-let-me-help-you-speed-run-the-content-moderation-learning-curve","status":"publish","type":"post","link":"https:\/\/abovethelaw.com\/legal-innovation-center\/2022\/11\/04\/hey-elon-let-me-help-you-speed-run-the-content-moderation-learning-curve\/","title":{"rendered":"Hey Elon: Let Me Help You Speed Run The Content Moderation Learning Curve"},"content":{"rendered":"
\"Elon

(Photo by Diego Donamaria\/Getty Images for SXSW)<\/p><\/div>\n

It\u2019s kind of a rite of passage for any new social media network. They show up, insist that they\u2019re the \u201cplatform for free speech\u201d without quite understanding what that actually means, and then they quickly discover a whole bunch of fairly fundamental ideas, institute a bunch of rapid (often sloppy) changes\u2026 and in the end, they basically all end up in the same general vicinity, with just a few small differences on the margin. Look, I went through it myself. In the early days I insisted that sites shouldn\u2019t do any moderation at all, including my own. But I learned. As did\u00a0Parler<\/a>,\u00a0Gettr<\/a>,\u00a0Truth Social<\/a>\u00a0and lots of others.<\/p>\n

Anyway, Elon\u2019s in a bit of a different position, because rather than starting something new, he\u2019s taken over a large platform. I recognize that he, his buddies, and a whole lot of other people think that Twitter is especially bad at this, and that he\u2019s got some special ideas for \u201cbringing free speech back,\u201d but the reality is that Twitter was, by far, the most successful platform at taking a \u201cwe support free speech\u201d stance for content, and learned over time the many nuances and tradeoffs involved.<\/p>\n

And because I do hope that Musk succeeds and Twitter remains viable, I wanted to see if we might help him (and anyone else) speed run the basics of the content moderation learning curve that most newbies run into. The order of the levels and the seriousness of each can change over time, and how it all fits together may be somewhat different, but, in the end, basically every major social media platform ends up in this same place eventually (the place Twitter was already at when Musk insisted he needed to tear things down and start again).<\/p>\n

Level One<\/strong>: \u201cWe\u2019re the free speech platform! Anything goes!\u201d<\/p>\n

Cool. Cool. The bird is free! Everyone rejoice.<\/p>\n

\u201cExcuse me, boss, we\u2019re getting reports that there are child sexual exploitation and abuse (CSAM) images and videos on the site.\u201d<\/p>\n

Oh shit. I guess we should take that down.<\/p>\n

Level Two<\/strong>: \u201cWe\u2019re the free speech platform! But no CSAM!\u201d<\/p>\n

Alright, comedy is now legal on the site. Everyone rejoice. Everyone love me.<\/p>\n

\u201cUm, boss. We have a huge stack of emails from Hollywood, saying something about DMCA takedowns?\u201d<\/p>\n

Oh right. Copyright infringement is bad. Get another intern and have them take that all down.<\/p>\n

Level Three:<\/strong>\u00a0\u201cWe\u2019re the free speech platform! But no CSAM and no infringement!\u201d<\/p>\n

Power to the people. Freedom is great!<\/p>\n

\u201cRight, boss, apparently because you keep talking about freedom, a large group of people are taking it to mean they have \u2018freedom\u2019 to harass people with slurs and all sorts of abuse. People are leaving the site because of it, and advertisers are pulling ads.\u201d<\/p>\n

That seems bad. Quick, have someone write up some rules against hate speech.<\/p>\n

Level Four:<\/strong>\u00a0\u201cWe\u2019re the free speech platform without CSAM, infringement or hate speech!\u201d<\/p>\n

Bringing freedom back is hard work, but this is all going great. Do the people love me yet?<\/p>\n

\u201cHey, so, the FBI is here? Something about\u00a018 USC 2258A<\/a>\u00a0and how we were supposed to report all of that CSAM to some operation called NCMEC?\u201d<\/p>\n

Ah, right. Grab an intern and make sure they pass along those images. We obey all the laws!<\/p>\n

Level Five:<\/strong>\u00a0\u201cWe\u2019re the free speech platform without CSAM, infringement, or hate speech, and we follow all laws!\u201d<\/p>\n

These laws are good. We obey the laws. Social media is a snap.<\/p>\n

\u201cHate to bother you, boss, but our users are mad again. It seems that people are posting memes using images from Hollywood movies, and then the studios sent DMCA notices, and as you ordered, the intern is taking those down. So people are getting mad at you for censoring the memes.\u201d<\/p>\n

That seems complicated. Can we have the intern send some of these to our outside counsel to review for fair use before pulling them down?<\/p>\n

Level Six:\u00a0<\/strong>\u201cWe\u2019re the free speech platform, without CSAM or hate speech, and who will take down infringing content, but not fair use content, and we follow all laws!\u201d<\/p>\n

The memes must flow! Hooray fair use! Love me!<\/p>\n

\u201cVery good boss. Love the memes, but, um, there\u2019s a NY Times reporter on the phone, and apparently, we\u2019re not catching all the CSAM, and they\u2019re going to run a story about how we\u2019ve become the new hub for pedophiles.\u201d<\/p>\n

That can\u2019t be good\u2026 There must be some sort of solution out there? Have someone call up Microsoft and get a license to their PhotoDNA. Surely that will solve this?<\/p>\n

Level Seven:\u00a0<\/strong>\u201cWe\u2019re the free speech platform, doing our best to stop CSAM, hate speech, and infringement, and we follow all laws!\u201d<\/p>\n

Okay, now things are really coming together.<\/p>\n

\u201cPardon me, boss, people are now complaining that they\u2019re getting inundated with spam and it\u2019s driving users away.\u201d<\/p>\n

Spam is bad! Everyone\u2019s against spam! I already said we follow all laws, surely spam is illegal! Why aren\u2019t we blocking it?<\/p>\n

\u201cWell, our lawyers say that most spam is actually legal.\u201d<\/p>\n

Okay, well ask one of our totally awesome engineers to code up a spam filter. He has one week or he\u2019s fired.<\/p>\n

Level Eight:\u00a0<\/strong>\u201cWe\u2019re the free speech platform, doing our best to stop CSAM, hate speech, infringement and spam, and we follow all laws!\u201d<\/p>\n

Now that the spam is getting blocked, the people will really love me!<\/p>\n

\u201cGood evening sir, sorry to bother you so late, but apparently the spam and CSAM filters are actually catching a lot of legitimate content, and it\u2019s making people mad.\u201d<\/p>\n

Fire the engineers! Bring me new engineers who don\u2019t suck. And, I guess, maybe hire someone to manage at least some of these things. We can call them\u2026 \u201cdirector of trust.\u201d That sounds good!<\/p>\n

Level Nine:<\/strong>\u00a0\u201cWe\u2019re the\u00a0trustworthy<\/em>\u00a0free speech platform, doing our best to stop CSAM, hate speech, infringement, and spam, and we follow all the laws!\u201d<\/p>\n

Trust. That\u2019s a good word! Everyone trusts our platform now that we have a director of trust!<\/p>\n

\u201cPardon me, boss, but it appears we have an urgent email from\u00a0government officials in Malaysia<\/a>\u00a0saying that someone is posting a story to our site that violates their laws, though it\u2019s really just calling out government corruption. You say we follow all laws, so do we follow this demand from the government of Malaysia?\u201d<\/p>\n

Yikes. People need to speak truth to power! Let\u2019s leave that content up!<\/p>\n

\u201cOkay, sir, Malaysia has now blocked all access to our site.\u201d<\/p>\n

Level Ten:<\/strong>\u00a0\u201cWe\u2019re the trustworthy free speech platform, doing our best to stop CSAM, hate speech, infringement, and spam, and we follow laws of democratic countries.\u201d<\/p>\n

Malaysia can\u2019t be that important. I\u2019m standing up for free speech! Do people love me yet?<\/p>\n

\u201cHi boss, if you have a second, we\u2019re getting reports that people in Myanmar are using our service to\u00a0encourage genocide<\/a>. But we don\u2019t have anyone who speaks the language to fully understand what\u2019s going on.\u201d<\/p>\n

Can we hire moderators who understand every language?<\/p>\n

\u201cThere are a lot of languages.\u201d<\/p>\n

Well, it\u2019s either hire more people or block entire countries\u2026 I guess?<\/p>\n

Level Eleven:\u00a0<\/strong>\u201cWe\u2019re the trustworthy mostly free speech platform, doing our best to stop CSAM, hate speech, infringement, spam, and genocide, and we\u2019re working to hire more moderators to deal with foreign languages.\u201d<\/p>\n

It seems like global politics is complicated, but maybe I\u2019ll present my suggestions on world peace, so that people will love me!<\/p>\n

\u201cForgive the interruption, boss, but a lot of our most active users are getting angry at you specifically, because the hate speech, spam, and copyright filters are blocking their dank memes, and sometimes they\u2019re getting removed from the platform for violating the rules too many times. They think you\u2019re sitting here and removing their accounts personally.\u201d<\/p>\n

Why does everyone blame me?!? Okay, let\u2019s set up a \u201ctrust council\u201d who will handle all content moderation questions and appeals.<\/p>\n

Level Twelve:\u00a0<\/strong>\u201cWe\u2019re the trustworthy social media site that supports open dialogue, while doing our best to stop CSAM, hate speech, infringement, spam, and genocide, and we\u2019re working to hire more trust and safety professionals, along with setting up an outside counsel.\u201d<\/p>\n

Hmm. Our slogan is getting a bit long.<\/p>\n

\u201cSorry to break in again, boss, but Germany, one of our largest EU markets, has\u00a0a new law<\/a>\u00a0that requires us to take down any \u2018hate speech\u2019 within a short time, and if we miss anything, then they can fine us way more than we can afford.\u201d<\/p>\n

Hire more people in Germany and now review reports as much as possible, but default to taking down reported content. We can\u2019t afford those fines, even if we end up over-blocking.<\/p>\n

Level Thirteen:\u00a0<\/strong>\u201cWe\u2019re the trustworthy social media network, that\u2019s doing our best to balance laws and norms, and is really trying to be welcoming for speech, so please give us the benefit of the doubt.\u201d<\/p>\n

Why is everyone so mad at me all the time?<\/p>\n

\u201cYeah, boss, I know you\u2019re sick of hearing from me, but Hollywood is suing us. They\u2019re saying that our fair use determinations are bullshit and we\u2019re engaging in infringement.\u201d<\/p>\n

Hire more lawyers! Figure out how much this lawsuit will cost, or see if we can just pay some licensing fee! Have an engineer write up a filter that can determine fair use!<\/p>\n

\u201cI don\u2019t think a computer can determine fair use yet, sir.\u201d<\/p>\n

Hire BETTER engineers! If a car can drive itself, surely a computer can understand fair use!<\/p>\n

Level Fourteen:<\/strong>\u00a0\u201cWe\u2019re a social network that promotes trust, and seeks to comply with reasonable laws while finding a balance for speech, and please stop yelling at us.\u201d<\/p>\n

Why are people still so mad?<\/p>\n

\u201cExcuse me, boss, I know this is exhausting, but one of our most popular users has chained themselves to our front door, because we took down their account after they harassed someone trying to minimize the impact of climate change.\u201d<\/p>\n

Why are people so bad?<\/p>\n

Level Fifteen:\u00a0<\/strong>\u201cWe\u2019re a social network that wants you to believe in trust, and we have a legal team to deal with laws, and a trust and safety team that\u2019s, you know, working on things.\u201d<\/p>\n

This is exhausting.<\/p>\n

\u201cHey, boss, sorry to interrupt, but this is kind of urgent. It seems that one of our users is livestreaming themselves as they shoot up a school, screaming about \u2018freedom!’\u201d<\/p>\n

Oh no! Take down his account immediately.<\/p>\n

Level Sixteen:\u00a0<\/strong>\u201cWe\u2019re a social network that is really trying to do our best, but humanity is messy.\u201d<\/p>\n

Why can\u2019t people just be good? I gave them freedom and look what they\u2019ve done with it!<\/p>\n

\u201cBoss, boss, another urgent one. It seems that one of our users is attempting suicide while live streaming on the platform and we can\u2019t figure out where they are!\u201d<\/p>\n

Don\u2019t we know our users? Figure out better ways to have this info and hire more people to work on trust and safety!<\/p>\n

Level Seventeen:\u00a0<\/strong>\u201cWe\u2019re a social network that is trying our best. Please, be kind.\u201d<\/p>\n

I just wanted people to love me and be free to meme.<\/p>\n

\u201cExcuse me, boss, it appears that the EU has\u00a0passed a new law<\/a>\u00a0that means we\u2019ll be required to take down content they report, even if it\u2019s legal elsewhere. They\u2019re praising you for your promise from last year to obey all laws. Also, it requires that we have employees in every one of those countries who will be legally responsible if we fail.\u201d<\/p>\n

Why did I say that? Oh well, let\u2019s hire more people to staff up, and do our best to obey those laws.<\/p>\n

Level Eighteen:\u00a0<\/strong>\u201cWe\u2019re a social network doing our best to survive in a globally connected world.\u201d<\/p>\n

Mars is looking pretty sweet about now.<\/p>\n

\u201cPardon me again, boss, but now that you\u2019ve agreed to abide by the EU\u2019s laws, I should note that India has passed laws that\u00a0sound similar<\/a>\u00a0to the EU ones you agreed to abide by, and now they\u2019re threatening to\u00a0jail your local employees<\/a>\u00a0because you won\u2019t take down content mocking the Prime Minister. They\u2019re saying that since you abide by the EU\u2019s laws, they expect you to abide by theirs as well.\u201d<\/p>\n

India is a massive market. We can\u2019t survive without India. Can we, um, take down maybe some of the worst posts for violating our rules, and try to leave up the rest?<\/p>\n

Level Nineteen<\/strong>: \u201cWe\u2019re a social network doing our best in this crazy world.\u201d<\/p>\n

I just wanted everyone to love me?<\/p>\n

\u201cBoss, apologies, but our most famous and popular user, the President, is encouraging his vocal fans to burn down our offices because we put a fact check on his post urging people to strangle anyone with differing political views.\u201d<\/p>\n

Do you think someone will buy us?<\/p>\n

Level Twenty:<\/strong>\u00a0\u201cLook, we\u2019re just a freaking website. Can\u2019t you people behave?\u201d<\/p>\n

Congratulations, you have completed the game\u2026. Just kidding!\u00a0It never ends.\u00a0<\/strong>It only gets worse, and you will make mistakes, and people will get mad and personally blame you and insist that you are deliberately trying to \u201ccensor\u201d their brilliant ideas, and advertisers will get mad, and politicians will pressure you into doing their bidding, and the media will criticize every mistake. You own a social network. Isn\u2019t it fun?<\/em><\/p>\n

Hey Elon: Let Me Help You Speed Run The Content Moderation Learning Curve<\/a><\/p>\n

More Law-Related Stories From Techdirt:<\/strong><\/p>\n

Dude Who Filed Ridiculous Lawsuit Over Title Of Mariah Carey\u2019s Most Famous Song Drops Case After Pretending They Sound The Same<\/a>
\nIKEA Bullies Indie Developer Into Changing Game Set In A Furniture Store<\/a>
\nBullshit Reporting: The Intercept\u2019s Story About Government Policing Disinfo Is Absolute Garbage<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Speed running for fun and profit.<\/p>\n","protected":false},"author":205,"featured_media":494302,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[11],"tags":[3159,7,787],"class_list":["post-25516","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-technology","tag-elon-musk","tag-technology","tag-twitter"],"acf":[],"yoast_head":"\nHey Elon: Let Me Help You Speed Run The Content Moderation Learning Curve - Above The Law's Legal Tech Non-Event<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/abovethelaw.com\/legal-innovation-center\/2022\/11\/04\/hey-elon-let-me-help-you-speed-run-the-content-moderation-learning-curve\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Hey Elon: Let Me Help You Speed Run The Content Moderation Learning Curve - 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