Listen to Kara Swisher’s interview with Susan Wojcicki (CEO of YouTube). There is a portion regarding rules/codes of conduct/community guidelines. I want to memorialize my thoughts here.
I’m not going to put words in Wojcicki’s mouth, but there’s an interaction where she tries to put contours around what it means to create community guidelines and rules. What she’s talking about, at least as I hear it, is due process. That word is tossed around a lot but it has meaning: namely, that we have a set of rules created before anything happens, process we use to enforce those rules, and we use that process for everybody.
Due process is important because it creates a sense of fair play and justice. This is more important when we’re talking about laws dealing with peoples’ lives and liberties, but it can be just as meaningful in cultivating a sense of community – a community that people buy into and of which they want to be a part.
Businesses that have poor communities often have poor user experiences, so your service better be exclusive or so exceptional that people eat the cost of having a bad experience with others. Tech companies should take note, in my opinion, that people are being offered more alternatives and developing higher expectations in this area, so I wouldn’t hang my hat on riding this out. Get community moderators, folks. /end self-promotion
In law – the “codifying” to which Wojcicki refers – due process can be boiled down to two core components:
- Notice – have you told people how they’re supposed to behave before you enforce that standard of behavior?
- Hearing – is there an opportunity to make their case to whomever is enforcing that standard of behavior?
When talk about how to enforce a law, we apply the code to a specific set of facts. Let’s make our use case Logan Paul, who I believe is, at best, an irresponsible and juvenile opportunist who needs to grow up and, at worst, an utterly insensitive knuckledragger with no understanding of common decency towards other people.
Nevertheless, he was a user of YouTube and presumably agreed to abide by their Terms of Service (TOS) which outlined an assortment of rules to which he is bound, including a three-strikes rule, which is exactly what it sounds like. Swisher asks (paraphrase): why don’t you just get rid of him? You make the rules, change the rules.
Agreed, but that doesn’t solve our Logan Paul problem, at least not right away. Paul was bound to a set of rules that, in my opinion, exposed a gap in behavioral expectations for the YouTube platform. It behooves YouTube to change the rules, capture this behavior and close the gap.
What it doesn’t mean is that it’s a good idea to retroactively apply this rule. Remember “notice”: you want to tell people before they act what the expectation is. Removing content that is abhorrent without a codified rationale undermines this principle. There are always going to be exceptions such as an imminent and credible threat to a person’s life, or something so grossly vulgar that the better risk calculation is to take it down and eat the cost of dealing with the aftermath. But, these are exceptions, and we don’t make rules based on exceptional behavior. We make rules based on things that are commonplace and easily understood such that most people find it possible to comply with them.
Additionally, we don’t create rules to target a specific person. It would be dubious to create a rule that seems neutral but, in application, only results in the removal of Logan Paul. Sure, it’s Youtube’s prerogative to remove whomever they want, but I’m coming from a place that assumes YouTube wants to (1) create a consistent user experience; (2) brand as a media platform that doesn’t pick favorites, and; (3) provide a cogent rationale to its stakeholders and users such that they don’t come off as frivolous or erratic.
I’m losing steam since I need to prepare for a meeting, but my roadmap would essentially boil down to the following:
- Do a gap assessment on YouTube’s rules as of the date of the Logan Paul suicide forest controversy. He may have engaged in questionable behavior in the past but this is the clear marker of what crossed the line in such a way as to enter the cultural zeitgeist and create national controversy.
- Once you’ve discovered the gap, ask yourself if a rule would have captured this. Sometimes the behavior is so extraordinary that you could make a rule but it wouldn’t, in practice, police anything because it was such a one off. Other times it’s behavior that defies codification. This doesn’t preclude policing it, but it does probably mean you need to preserve in your ToS a level of discretion for content moderators (which you should have) and training for those moderators to spot red flags, etc.
- Amend the ToS as needed. Make Logan Paul and others click “agree” to participate on your not-a-media-service platform.
- Penalize all users for non-compliance, including Logan Paul should he run afoul after the new ToS have been socialized.
I don’t have much to say about hearings here. This is something that is a lot more important in traditional legal situations. From what I hear, you can appeal after three strikes and so forth and this is, frankly, a marketplace. You have options to go elsewhere even if they’re shitty options, YouTube isn’t a basic human necessity to which you have some inherent claim.
I can spell “Wojcicki” off-hand now. Boom.