

Ask HN: For user generated content, how do you deal with questionnable material? - matt1

I'm working on a web app that let's people build timelines. One thing I haven't quite figured out yet is how I'm going to deal with situations where users create timelines that contain sensitive or questionable content.<p>For example, my app makes it very easy to build biographical timelines. <i>Auto</i>biographies are fine, but what happens when a user creates a timeline for another person and posts private information such as date or birth, their location, etc? That also assumes that I can confirm that a timeline is autobiographical, which would be impossible in practice.<p>Other less clear examples:<p>- Disgruntled boyfriend creates an autobiography with details about a previous relationship. The ex-girlfriend learns about it, emails me and asks for me to remove it.<p>- Controversial timelines, such as history of Israel, Palestine, and absurd timelines: Jewish World Domination, etc.<p>This problem isn't unique to timelines. All of this could be done on a blog, for example; my app is just a different medium.<p>For sites like posterous and other apps that lets users generate content, how do you deal with situations like this?
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headShrinker
I was just looking up this information for a project I am working on. I think
the caselaw you are interested in knowing about is Section 230.

If you passively host third-party content, you will be fully protected under
Section 230.

If you exercise traditional editorial functions over user submitted content,
such as deciding whether to publish, remove, or edit material, you will not
lose your immunity unless your edits materially alter the meaning of the
content.

If you pre-screen objectionable content or correct, edit, or remove content,
you will not lose your immunity.

If you encourage or pay third-parties to create or submit content, you will
not lose your immunity.

If you use drop-down forms or multiple-choice questionnaires, you should be
cautious of allowing users to submit information through these forms that
might be deemed illegal.

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matt1
Very interesting. Thanks for the tip.

Section 230 for the curious:

[http://en.wikipedia.org/wiki/Section_230_of_the_Communicatio...](http://en.wikipedia.org/wiki/Section_230_of_the_Communications_Decency_Act)

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JayNeely
Don't take responsibility for content people create on your site, or you open
yourself up to legal liability for it.

Most services like posterous, twitter, Wordpress.com etc. prohibit users
posting defamatory or harassing material, giving you the right to enforce it
but not the responsibility.

As for timelines that are simply controversial rather than harassing, you
really don't want to become the speech police. As you've already said: your
app is just a medium. It's not your speech, you don't have to agree with it.
If it's legal, you should allow it. Users hate arbitrary restrictions
(LiveJournal has spent sooooo much time trying to do this).

As always, for the actual legal implications, you should consult a lawyer. I'm
not one, and my opinions aren't legal advice. =)

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matt1
I wanted to launch a minimum viable product and wasn't planning on talking to
a lawyer until I have better confirmation that the site is going to do well.
But given that there are going to be tricky situations like this almost
immediately, maybe it makes sense to talk to a lawyer first.

If I talk to a lawyer, incorporate, and get legal advice, it's going to cost
me a few $K before I know whether the site has potential. But if I don't, I
open myself up to liability issues. Neither one seems like a good option.

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vorador
Given your site's (current) size, I doubt legal liability is an issue.

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matt1
In theory, anyone can sue me regardless of how big the site is, right?

I think you mean that since its a small site, no one is going to waste the
time and money to do it?

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ahi
Anyone can sue you at any time for any reason. Don't worry about this. If a
take down request doesn't come from a lawyer ignore it, and get back to work.

~~~
matt1
I think if I get a take down notice I'm going to consult a lawyer :)

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earle
You can't police the Internet! The DMCA covers a lot of the issues that you
are mentioning. Talk to an attorney.

