TNL.net

Blogger’s Code of Conduct: a Dissection

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Due to the recent ker­fun­kle over the Kathy Sierra affair, Tim O’Reilly has now pro­posed a “blogger’s code of con­duct” (cov­ered with no less than a front page arti­cle in today’s New York Times.) In this entry, I will dis­sect the code and high­light why I think such a code is a bad idea.

June 26th of this year will mark the 10th anniver­sary of the ACLU vs. Reno deci­sion in the supreme court, which struck down the com­mu­ni­ca­tion decency act and extended first amend­ment pro­tec­tion to the Internet:

The record demon­strates that the growth of the Inter­net has been and con­tin­ues to be phe­nom­e­nal. As a mat­ter of con­sti­tu­tional tra­di­tion, in the absence of evi­dence to the con­trary, we pre­sume that gov­ern­men­tal reg­u­la­tion of the con­tent of speech is more likely to inter­fere with the free exchange of ideas than to encour­age it. The inter­est in encour­ag­ing free­dom of expres­sion in a demo­c­ra­tic soci­ety out­weighs any the­o­ret­i­cal but unproven ben­e­fit of censorship.

It is based on that legal ground­ing that I believe that codes of con­ducts will gen­er­ally result in low­er­ing the value of inter­net speech. The last sen­tence, in par­tic­u­lar (“he inter­est in encour­ag­ing free­dom of expres­sion in a demo­c­ra­tic soci­ety out­weighs any the­o­ret­i­cal but unproven ben­e­fit of cen­sor­ship”) rep­re­sents what I believe to be the most out­stand­ing state­ment as to why Inter­net speech needs to be pro­tected. That said, let’s now go into a dissection.

We cel­e­brate the blo­gos­phere because it embraces frank and open con­ver­sa­tion. But frank­ness does not have to mean lack of civil­ity. We present this Blog­ger Code of Con­duct in hopes that it helps cre­ate a cul­ture that encour­ages both per­sonal expres­sion and con­struc­tive conversation.

I, too, believe in frank and open con­ver­sa­tion. The estab­lish­ment of rules (or codes) seems to act as a way to “close” con­ver­sa­tion, even if it is in a way that is lim­ited by cer­tain bound­aries and while I agree that frank­ness and lack of civil­ity are not equals, a ques­tion imme­di­ately arises as to who con­sid­ers what proper civil dis­course? Look­ing back at the cre­ation of the United States and the insti­tu­tion of the Fed­er­al­ist papers, civil­ity has gen­er­ally been seen as the enemy of open­ness. The dis­course between the US found­ing fathers was far from civil (even, in the cel­e­brated case of Hamil­ton vs. Burr, end­ing up in a dis­agree­ment on civil­ity end­ing up in a duel that greatly short­ened the life of one of America’s great­est genius.) So, from the open­ing state­ment, we are already faced with an inter­est­ing chal­lenge: how do we “encour­age both per­sonal expres­sion and con­struc­tive con­ver­sa­tion” while at the same time try­ing to clamp down on dis­agree­ment through that dan­ger­ous weapon called civility?

1. We take respon­si­bil­ity for our own words and for the com­ments we allow on our blog.

I gen­er­ally agree with that com­ment but the chal­lenge here is that it leads to imme­di­ate cen­sor­ship. If I dis­agree with a com­ment on my blog, this state­ment basi­cally puts me in a posi­tion to for­bid that com­ment as I do not want to take respon­si­bil­ity for it. So, at this point, I am being forced to decide that com­ments on my site will have to agree with my own view or I have to take respon­si­bil­ity for com­ments that I dis­agree with. How many blog­gers will be tempted to act as cen­sor in those cases?

We are com­mit­ted to the “Civil­ity Enforced” stan­dard: we will not post unac­cept­able con­tent, and we’ll delete com­ments that con­tain it.

Dele­tion works as active form of cen­sor­ship and also intro­duces an inter­est­ing legal ques­tion. As edi­tor of the com­ment sec­tion, one would then become liable for every other com­ment that made it through, increas­ing the pos­si­bil­ity of peo­ple being pros­e­cuted because of the com­ments on their sites. With­out cen­sor­ship, they could be seen more along the lines of com­mon car­ri­ers and would find them­selves faced with a greater chance of win­ning such case. By agree­ing to delete, they could face a tough battle.

We define unac­cept­able con­tent as any­thing included or linked to that:
– is being used to abuse, harass, stalk, or threaten others

Once again, let me harp on who gets to define those terms. What con­sti­tute abuse? Is say­ing that “I believe so and so is a dimwit for say­ing…” con­sid­ered a type of abuse?

- is libelous, know­ingly false, ad-hominem, or mis­rep­re­sents another person,

Libelous is a word with a lot of legal weight to it. This opens up a whole set of legal issues around how peo­ple talk online. The appear­ance of false­ness can be enough to trig­ger a law­suit (but not enough to win) and this por­tion seems to also fly in the face of a lot of estab­lished law (Zeran v Amer­i­can Online, for exam­ple). Another ques­tion about this sec­tion is “know­ingly false”: to whom? to the owner of the blog? to the writer of the com­ment? to the per­son the com­ment is made about? to other parties?

- infringes upon a copy­right or trademark

Google, Yahoo, Microsoft, O’Reilly, AOL, etc… are all trade­marks. I have not put a TM after every sin­gle one of those trade­marks in posts I write on TNL.net, which tech­ni­cally makes me in vio­la­tion of this effort, from a trade­mark standpoint.

For the pur­pose of this post, I am quot­ing the sub­stan­tial major­ity of the post by tim O’Reilly, which would tech­ni­cally put me in vio­la­tion of his copy­right. How­ever, Tim has a Cre­ative Com­mons License so he’s grant­ing me some rights. Unfor­tu­nately, the rights granted by the CC license also say that you can’t reuse the con­tent for com­mer­cial pur­pose: I run adsense ads on this site, which could be con­sid­ered a com­mer­cial effort so, as such, I would tech­ni­cally be in vio­la­tion of Tim’s copy­right AND CC license. Under the terms of this, quot­ing sub­stan­tial por­tion of copy­righted con­tent would be a vio­la­tion of the code. This means that blogs now have a choice: write only orig­i­nal con­tent with­out exten­sive quot­ing or don’t run ads. It’s a tough choice for many bloggers.

- vio­lates an oblig­a­tion of confidentiality

Enron, the Pen­ta­gon Papers, and Water­gate are only a few high level cases in the United States that involved a vio­la­tion of con­fi­den­tial­ity. Recent such vio­la­tions could include the rev­e­la­tions about Abu Ghraib prison and Wal­ter Reed. None of these sto­ries could exist with­out such vio­la­tion. Would it be a good thing to purge them?

- vio­lates the pri­vacy of others

This is a higher stan­dard than what is cur­rently given in any other media. Pub­lic per­sona are not given pri­vacy pro­tec­tion in tra­di­tional media. Should it be dif­fer­ent online?

We define and deter­mine what is “unac­cept­able con­tent” on a case-by-case basis, and our def­i­n­i­tions are not lim­ited to this list. If we delete a com­ment or link, we will say so and explain why. [We reserve the right to change these stan­dards at any time with no notice.]

Who is we here? And why a “case by case” basis? This seems very dan­ger­ous to me, espe­cially with the express notion of those stan­dards chang­ing at any time with no notice.

2. We won’t say any­thing online that we wouldn’t say in person.

I gen­er­ally agree with that but what about peo­ple using the anonymity of the Inter­net in order to avoid reprisal. If that stan­dard is held, then it will do a lot to clamp down on infor­ma­tion that could have been use­ful but, because it is about pow­er­ful peo­ple, can’t be dis­closed with­out fear of reprisal.

3. We con­nect pri­vately before we respond publicly.

Does that mean that every per­son that’s talked about it con­tactable? If the pres­i­dent of the United States makes a com­ment, how do I con­nect pri­vately to him before respond­ing pub­licly? Does my send­ing him a let­ter con­sti­tute such pri­vate com­mu­ni­ca­tion or do I need to wait for an acknowl­edg­ment of receipt?

When we encounter con­flicts and mis­rep­re­sen­ta­tion in the blo­gos­phere, we make every effort to talk pri­vately and directly to the person(s) involved–or find an inter­me­di­ary who can do so–before we pub­lish any posts or com­ments about the issue.

Same as above. What if the attempt is not answered? Does that make it OK? Do we need to vet every com­ment before­hand? Should I send this to Tim and wait for his com­ment before I pub­lish it? What if he sits on it: does that quash the story altogether?

4. When we believe some­one is unfairly attack­ing another, we take action.

What type of action? What con­sti­tutes an unfair attack?

When some­one who is pub­lish­ing com­ments or blog post­ings that are offen­sive, we’ll tell them so (pri­vately, if possible–see above) and ask them to pub­licly make amends.

Once again, how do we con­tact them? What if they don’t respond?

If those pub­lished com­ments could be con­strued as a threat, and the per­pe­tra­tor doesn’t with­draw them and apol­o­gize, we will coöper­ate with law enforce­ment to pro­tect the tar­get of the threat.

Isn’t that already cod­i­fied by exist­ing law? Why does a code of con­duct need to cod­ify this? It’s already a given that such thing must hap­pen (lack of coöper­a­tion with law enforce­ment can carry heavy fines and impris­on­ment). Which law enforce­ment author­i­ties should we coöper­ate with: all of them? Only some? For exam­ple, if the Chi­nese gov­ern­ment, Syr­ian gov­ern­ment, Iran­ian gov­ern­ment, South Korean gov­ern­ment or other type of gov­ern­ment where free­dom of expres­sion is not as expres­sively granted as it is in the United States con­tacts us, should we com­ply? I say no, but this code appears to say yes.

5. We do not allow anony­mous comments.

Going back to my exam­ples regard­ing the pen­ta­gon papers, Water­gate, Enron and oth­ers: those would not have existed with­out anony­mous com­ments. How does this code deal with that?

We require com­menters to sup­ply a valid email address before they can post, though we allow com­menters to iden­tify them­selves with an alias, rather than their real name.

What hap­pens if they hide behind a free email ser­vice? Is that OK? If so, what is the value of this statement?

6. We ignore the trolls.

This seems to be in vio­la­tion of the rest of the code as ignor­ing them means giv­ing them a free pass? If we delete their com­ments, we’re not ignor­ing them.

We pre­fer not to respond to nasty com­ments about us or our blog, as long as they don’t veer into abuse or libel. We believe that feed­ing the trolls only encour­ages them–“Never wres­tle with a pig. You both get dirty, but the pig likes it.” Ignor­ing pub­lic attacks is often the best way to con­tain them.

If that’s the case, why should they be deleted then? This last sec­tion seems to con­tra­dict the rest of the code…

Because of such lapses and because I believe that “the inter­est in encour­ag­ing free­dom of expres­sion in a demo­c­ra­tic soci­ety out­weighs any the­o­ret­i­cal but unproven ben­e­fit of cen­sor­ship,” I have to say that this code is not only a bad idea but one that should stren­u­ously be rejected by mem­bers of the blogosphere.

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76 Comments

  1. 1Raph’s Website — April 10, 2007 at 11:07 pm

    num­bers. And this is where the real rub is: the issue of anonymity, rather than the issue of time spent. To me, this echoes to some degree the issues raised in the recent Tim O’Reilly arti­cle call­ing for a blog­ger code of con­duct, which has been crit­i­cized for its reliance on, effec­tively, open iden­tity prac­tices. As Cory Doc­torow said on Boing­Bo­ing today, I was very uncom­fort­able with Tim’s draft, as it seemed to pre­clude real anonymity and invite censorship.

  2. 2j's notes - when jason kenney has something to say — April 10, 2007 at 5:00 pm

    Waldo Jaquith chimes in with some thoughts and peo­ple com­ment. Virginia’s start­ing to dis­cuss this. Good. TNL dis­sects the code here and makes some really good posts.

  3. 3Planet GNOME — April 10, 2007 at 6:22 am

    [IMG No smok­ing, or being an asshole.]A cou­ple quick final thoughts before I pass out for the night: I haven’t read O’Reilly’s pro­posed blog­ger code of con­duct yet; some com­men­tary I have seen on it sug­gests I’ll be irri­tated at it as an invol­un­tary speech restric­tion, and one com­ment makes the use­ful (and almost cer­tainly cor­rect) point that when you start cen­sor­ing com­ments, you increase your lia­bil­ity for what the remain­ing com­ments say

  4. 4Rational Security — April 10, 2007 at 3:48 am

    com­mu­nity” to self-police itself and not infringe on my abil­ity to write what I like, when I like it about whom­so­ever I like to write about. That’s just my uncivil opin­ion. [Ed. I found Tris­tan Louis’ dis­sec­tion of O’Reilly’s draft “Blogger’s Code of Con­duct” quite inter­est­ing.] /Hoff

  5. 5Pajamas Media — April 11, 2007 at 9:01 pm

    Com­ments on Com­ments: Tris­tan Louis @ TNL (via Boing Boing) dis­sects the pro­posal for a blog­ger code of con­duct. Mean­while, Frank J. @ IMAO takes action and writes a com­ment pol­icy of his own. UPDATE: Tim O’Reilly responds to criticism.

  6. 6Edward_ Winkleman — April 11, 2007 at 1:22 pm

    What’s par­tic­u­larly dis­ap­point­ing about this call for a code is that it is a self-inflicted nan­ni­fi­ca­tion than even the Supreme Court, that bas­tion of bleeding-edge lib­er­al­ism, feels is not good for the coun­try: June 26th of this year will mark the 10th anniver­sary of the ACLU vs. Reno deci­sion in the supreme court, which struck down the com­mu­ni­ca­tion decency act and extended first amend­ment pro­tec­tion to the Internet:

  7. 7Joel Cere on Reputation Protection And Brand Promotion In The Blog Era — April 11, 2007 at 11:59 am

    as to why I think this is daft or even a dan­ger­ous idea as I am strug­gling to fin­ish my MBA the­sis (I shouldn’t be blog­ging but I could not resist on that one). I am point­ing you instead to two blog­gers who best encap­su­late what I would have writ­ten: Tris­tan Louis who does a great job at explain­ing how unwork­able this pro­posal is and Jeff Jarvis who shows the flip­side of it.

  8. 8Perilocity — April 12, 2007 at 9:00 pm

    what? Any response to a com­ment? That isn’t the way blogs work these days. Cory Doc­torow has related reser­va­tions: How­ever, I was very uncom­fort­able with Tim’s draft, as it seemed to pre­clude real anonymity and invite cen­sor­ship. Cory links to a dis­sec­tion of Tim’s draft by Tris­tan Louis, which quotes the ACLU vs. Reno Supreme Court Deci­sion of 10 years ago: The record demon­strates that the growth of the Inter­net has been and con­tin­ues to be phe­nom­e­nal. As a mat­ter of con­sti­tu­tional tra­di­tion, in the absence of evi­dence to the

  9. 9 Not Saussure — April 12, 2007 at 2:23 pm

    Tris­tan Lewis pro­vides a very help­ful fisk­ing of the whole idea, albeit with some Amer­i­can legal ref­er­ences that aren’t per­haps par­tic­u­larly rel­e­vant over here. Pos­si­bly also worth point­ing out that the two options Tim O’Reilly offers us, [IMG]

  10. 10Yehuda — April 11, 2007 at 7:14 am

    While dubi­ously cor­rect or com­plete, this “first-draft” pro­posal is just that: a first-draft pro­posal for a code of con­duct. The reac­tion to this pro­posal has been expected, occa­sion­ally fair, but usu­ally ridicu­lous. Some exam­ples here, here, here, here, here, here, here, here, here, here, and here. Let’s exam­ine some of the reac­tions: — You can’t enforce this Well, of course not, or at least not in the way you are talk­ing about. This is man­ners we’re talk­ing about, not law. Laws

  11. 11Prettier Than Napoleon — April 11, 2007 at 12:25 am

    I was going to dis­sect this stu­pid blog code of con­duct idea, but this guy already did a pretty decent job. FYI, this blog’s com­ment pol­icy: I reserve the right to delete any com­ment for any rea­son, up to and includ­ing “it had too many spelling errors,” “included smack-talk about my boyfriend,” and “WTF?!?” How­ever, I can

  12. 12Psycho Sensei — April 15, 2007 at 9:57 pm

    That isn’t the way blogs work these days. Cory Doc­torow has related reser­va­tions: How­ever, I was very uncom­fort­able with Tim’s draft, as it seemed to pre­clude real anonymity and invite cen­sor­ship. Cory links to a dis­sec­tion of Tim’s draft by Tris­tan Louis, which quotes the ACLU vs. Reno Supreme Court Deci­sion of 10 years ago: The record demon­strates that the growth of the Inter­net has been and con­tin­ues to be phe­nom­e­nal. As a mat­ter of con­sti­tu­tional tra­di­tion, in the absence of evi­dence to the

  13. 13LSDR.net — April 15, 2007 at 7:56 pm

    resul­tado efe­tivo. Como sem­pre. Essa é, afi­nal, a Web. E como sou eu quem fil­tra mesmo o conteúdo, decidi que vou assumir que a vida é assim mesmo, usar o bom senso e evi­tar esse tipo de discussão no futuro. (Ainda assim, achei inter­es­sante os comentários do Tris­tan Louis a respeito do código de con­duta, são muito pertinentes.)

  14. 14daily.gigaom — April 20, 2007 at 1:25 pm

    So O’Reilly only set us up to be called nasty, unman­nered, and thus unciv­i­lized hooli­gans. Except for Tim, of course. He’s the nice one. Me, I feel like the goth kid with pre­ma­ture tat­toos skulk­ing down the hall. Tris­tan Louis has an indepth analy­sis of this code of con­duct pro­posed by Tim. Read this sober­ing analy­sis before every­thing else. To me this bit sealed the deal. Look­ing back at the cre­ation of the United States and the insti­tu­tion of the Fed­er­al­ist papers, civil­ity has gen­er­ally been

  15. 15Corta-fitas — April 20, 2007 at 4:21 pm

    …E ia abalançar-me a escr­ever. Mas sucede, caro Fran­cisco, que não teria mais palavras a acres­cen­tar às que se podem ler aqui. E, em espe­cial, a isto: «Dele­tion works as active form of cen­sor­ship and also intro­duces an inter­est­ing legal ques­tion. As edi­tor of the com­ment sec­tion, one would then become liable for every com­ment that made it through, increas­ing the possibility

  16. 16onda maris - ein schwules Blog aus Berlin — September 2, 2010 at 9:41 pm

    der US-Bloggerpäpste, hinge­gen hat gle­ich einige Schritte mehr getan und einen Entwurf für einen ‘Blogger’s Code of Con­duct’ als Entwurf zur Diskus­sion gestellt. Schon im April — und sich einige bit­tere Kom­mentare dafür einge­han­delt, wie z.B. auf TNL.net., die er gle­ich kom­men­tiert berücksichtigt hat. In Deutsch­land fragt ‘Insight “Brauchen Blog­ger Ver­hal­tensregeln?” (pdf hier), und Rob fragt schon gar nach einer ‘Heili­gen Schrift für Blogs’, sucht aber eher ambi­tion­iert nach einem Rat­ge­ber, wie

  17. 17daily.gigaom — April 9, 2007 at 3:43 pm

    […] Louis has an indepth analy­sis of this code of con­duct pro­posed by Tim. Read this sober­ing analy­sis before every­thing else. To me […]

  18. 18David Strom — April 9, 2007 at 4:51 pm

    Tris­tan, I dis­agree with you. As a blog­ger and site owner, you have a respon­si­bil­ity to present com­men­tary and dis­cus­sion, cer­tainly. But when small minded peo­ple post threats and com­ments that cross the line, you cer­tainly can delete them. There is noth­ing wrong with accept­ing anony­mous post­ings that are respon­si­ble, or dis­agree with your posi­tions, as this one does. But not when I say some­thing ille­gal, or immoral, how­ever you wish to inter­pret them.

    I am all for rea­soned and civil debate. What I am not for is cyber-bullying, and pro­mot­ing ille­gal acts. There is a big dif­fer­ence between say­ing that I don’t agree with your posi­tion, and say­ing that I will do you bod­ily harm.

  19. 19Tristan Louis — April 9, 2007 at 5:20 pm

    David,

    I don’t think we really dis­agree here. The ques­tion is who gets to decide what crosses the line. And what is con­sid­ered ille­gal online.

    I’ll take an extreme exam­ple: A fol­lower of Mok­tada al-Sadr posts an entry on his blog on wordpress.com ask­ing to join the protest and force the US troops out of Iraq. A Kuwaiti com­menter dis­agrees with him and says that peo­ple who fol­low the party line from Iran should be executed.

    In this case, you have two pro­mo­tions of ille­gal acts (forc­ing the US forces out of Iraq through vio­lent protest and exe­cu­tion of dis­senters) from two dif­fer­ent par­ties on a US-based blog­ging service.

    One could argue the com­menter is cyber-bullying the author of the post.

    Which body of law applies in that case? Iraqi? Kuwaiti? US? That’s the kind of can of worm such argu­ment opens.

  20. 20You are your own code of conduct » mathewingram.com/work — April 9, 2007 at 5:46 pm

    […] cuts to the chase as usual, Tom Evs­lin has a typ­i­cally thought­ful piece, and Tris­tan Louis takes a long look at the issues as well. blogs, code, con­duct | Share This | Related […]

  21. 21erin m — April 9, 2007 at 7:23 pm

    You make some good points. I hope Tim’s draft evolves. Don’t have more to share on that but I’ll address two of your concerns:

    1) ™ing trade­marked words could be eas­ily solved with an in-line word fil­ter if one wanted to get anal about CYA.
    2) Cre­ate a non-commercial tem­plate for posts vio­lat­ing commercial-use reprint copy­rights. IOW, a post using an ad-free tem­plate does not directly profit off another’s work and would prob­a­bly meet the spirit of such a CC license. Again, anal, but eas­ily imple­mented by most CMSs.

  22. 22Bill Simmon — April 9, 2007 at 7:36 pm

    Tris­tan,

    Were the Blogger’s Code of Con­duct a law to be debated in front of the SCOTUS, or a code or rule with any sort of teeth behind it, I would agree with all of your points and aggres­sively rail against it. It is not fit to be a bind­ing agree­ment of any kind, but nor was it intended to be. I think by pars­ing the lan­guage of the code, you’ve entirely missed the point. There is no arbiter of the code and so there can be no recrim­i­na­tions for its mis­use. “who gets to decide?” you wrote in an above com­ment and that’s just it… you do — it’s your blog. This is how it is now and how it would still be, even if you adopt the code or por­tions of it: you mod­er­ate and set the tone for your own blog as you see fit. The point of the code is to shift the cul­ture of the blo­gos­phere so that those of us who pre­fer civil dis­course over crazy troll flame wars can stand up and say so, even if we each dis­agree about the vagaries of the code’s lan­guage. It’s like a bunch of blog­gers stand­ing up and say­ing “we’re mad as hell and we’re not going to take it any­more.” There can be no cen­sor­ship with­out teeth and this code is all gums.

    Any­way, here’s my post about it (some­what more elo­quent, I hope).

  23. 23erin m — April 9, 2007 at 7:49 pm

    Hmmm, that you have com­ment mod­er­a­tion seems like you sup­port some sort of con­duct pol­icy, right? And that by employ­ing com­ment mod­er­a­tion wouldn’t that be the same as your coun­ter­points to item num­ber “1. We take respon­si­bil­ity for our own words and for the com­ments we allow on our blog” and por­tions of its sub-points? That you make your­self a com­ment edi­tor and thus make your­self liable for con­tent? Or is mod­er­a­tion sim­ply an act of spam pro­tec­tion for you and you let every­thing through?

    Gad, there are really no good solu­tions to the social ills esp. when the pre­vail­ing atti­tude of the cur­rent U.S. admin­is­tra­tion is per­ceived as so hos­tile to its cit­i­zens’ basic rights. But then I am sure that in the long-run the inter­net will find a way to honor the U.S. Con­sti­tu­tion, other cul­tural con­structs, and ulti­mately social jus­tice with­out run­ning roughshod over its legit­i­mate users and unin­ten­tional abusers.

    Yeah, right. Where there’s a word and offense to be erro­neously inferred, there’s a per­son want­ing cen­sor­ship. That’s right, I’m talk­ing about you Willis. And Thai­land. And Turkey. And China. And et al. :(

  24. 24Why a bloggers' code of conduct is a bad idea « 4&20 blackbirds — April 9, 2007 at 7:51 pm

    […] pub­lic, some guar­an­tee for not pub­lish­ing libel, etc. A closer look, how­ever – like this one taken by Tris­tan Louis — shows the myr­iad pos­si­ble legal entan­gle­ments blog­gers may encounter by fol­low­ing such a […]

  25. 25Jack — April 9, 2007 at 8:34 pm

    Just a typo com­ment: “end­ing up in a dual” — I think you meant “duel”.

  26. 26Tristan Louis — April 9, 2007 at 9:06 pm

    Erin: Agreed that cre­ation of a sep­a­rate tem­plate *could* work but let’s not for­get that most blogs tend to com­ment on other posts (and, as a result, a lot of posts would be non-commercial in nature). That could defeat the whole CC approach to life (hmm… come to think of it, I feel a future post com­ing on :) )

    Bill: But if it’s only a ques­tion of self con­trol, we already have that. Then why do we need a code? Adop­tion of a cen­tral code means agree­ment with some form of cen­tral author­ity doesn’t it?

    Erin (again :) ): I do indeed mod­er­ate com­ments and do so for two rea­son: first and fore­most the spam (as any blog­gers know, it’s one of the scourge of com­ment areas) and the sec­ond is egre­gious abuse. For exam­ple, one of the com­ments I received on this thread was pur­port­ing to be from Tim O’Reilly (dumb move list­ing an address that isn’t really his :) ) That one com­ment didn’t make it through. Oth­er­wise, I tend to let every­thing through. The main rea­son for doing so is that there are few trolls and the con­ver­sa­tion (whether I agree with a reply or not) is often more inter­est­ing than my own post. There’s also a cer­tain chal­lenge in tak­ing that approach, though as I have found sim­i­lar types of death threats or insults as the one Kathy Sierra received. Those types of com­ments don’t make it through (unless there’s real value in the rest of the com­ment). I’m start­ing to think that maybe a way to redact posts out (strikethroughs with a mouseover high­light say­ing that this por­tion of the post was struck out by the edi­tor) could be a way to solve this but so far I haven’t used that approach yet.

    Jack: Thanks for that. Should be cor­rected by the time this reply is posted :)

  27. 27Rob Bryan — April 9, 2007 at 11:14 pm

    You seem to be crit­i­ciz­ing Tims piece as if it were a pro­posed set of reg­u­la­tions to be enforced upon blog­gers every­where. I take it to be a state­ment by one blog­ger (and those oth­ers who choose to agree with him) as to how he intends to run his blog. Read­ing it in that light, as it seems obvi­ously intended, none of your objec­tions make any sense to me.

    I mean, you require peo­ple to put in a name, and delete com­ments you deem to be spam. You have rules for how you run your blog. Tim seems to be say­ing it’s a good thing if peo­ple have rules for how they run their blog, and are upfront about stat­ing them, so here’s one set of such rules.

    On the copy­right issue specif­i­cally, quot­ing Tims piece in order to com­ment on it is not infring­ing, it’s fair use. And you do not infringe any trade­marks by talk­ing about Pepsi with­out putting a TM after it. You infringe on the Pepsi trade­mark only by sell­ing your own soft drink and call­ing it Pepsi.

  28. 28Tristan Louis — April 9, 2007 at 11:42 pm

    Rob: I was dis­sect­ing the piece as Tim him­self wants to see this become a stan­dard (see his pre­vi­ous piece):

    At our brain­storm­ing ses­sion at Etech, Kaylea Has­call sug­gested some­thing like the Cre­ative Com­mons badges that sites employ to label the re-use rights pro­vided for their con­tent. This would let peo­ple know which sites to avoid, if they aren’t will­ing to put up with foul lan­guage and insult­ing com­ments, and as in the blogher guide­lines, let peo­ple know in advance what level of dis­course is expected.

    Explicit label­ing of “dan­ger zones” is prob­a­bly not going to take off (I can’t imag­ine sites label­ing them­selves “flam­ing encour­aged”), but the idea of sites post­ing their code of con­duct might gain some trac­tion given some eas­ily deployed badges point­ing to a com­mon set of guide­lines, as Kaylea suggested.

    I con­sider such a think dan­ger­ous in that he sug­gests that not wear­ing that yel­low star (or scar­let let­ter) will instantly mean you’re to be avoided. That atti­tude is very scary to me.

    On the copy­right issue, it actu­ally is infring­ing to quote such a large por­tion. If I were quot­ing only a seg­ment, I would not be infring­ing. How­ever, because I quote pretty much all the arti­cle, I prob­a­bly am infring­ing (but that’s some­thing that a lay­wer could prob­a­bly argue either way). Another ques­tion I didn’t raise in my post is “what do copy­right and trade­mark have to do with civil­ity?” It’s odd to find them in that laun­dry list of pre­scrip­tions. In what way is copy­right or trade­mark vio­la­tion an indi­ca­tion of the level of dis­course expected?

  29. 29Call for Bloggers to take a Chill Pill at The Sufferable Ass — April 10, 2007 at 12:55 am

    […] Tris­tan Louis […]

  30. 30Luis Villa’s Blog / blogging codes of conduct — April 10, 2007 at 1:05 am

    […] for the night: I haven’t read O’Reilly’s pro­posed blog­ger code of con­duct yet; some com­men­tary I have seen on it sug­gests I’ll be irri­tated at it as an invol­un­tary speech restric­tion, and one com­ment makes […]

  31. 31Ryan Forrestal — April 10, 2007 at 1:05 am

    even if this code gains wide accep­tance its com­pletely non-binding (kinda like those moral con­tracts we all signed in high school “i wont drink and dad will be my DD”. how many peo­ple actu­ally lived up to those?). so unless codes of this sort are found bind­ing in court, or a sin­gle uni­fied code of con­duct becomes an indus­try wide require­ment (ie. ISPs wont host sites that don’t adhere to said sin­gle uni­fied code. think the comics code author­ity) i don’t think many of the legal or cen­sor­ship issues will really come to fruition.

    instead i think what’s really dis­tress­ing is whats only touched upon in Tristan’s arti­cle. the mys­te­ri­ous “we” (essen­tially all of those peo­ple who decide to uti­lize and enforce the code) have would be set­ting them­selves up as the moral author­ity of the web. its a bit sanc­ti­mo­nious. they know bet­ter than we do and they’ll let us know if we do some­thing wrong.

    When some­one who is pub­lish­ing com­ments or blog post­ings that are offen­sive, we’ll tell them so (pri­vately, if possible–see above) and ask them to pub­licly make amends.”

    this line of the code doesn’t talk about polic­ing ones one com­ments. it talks about the mys­te­ri­ous “we” con­tact­ing and chastis­ing other peo­ple for what appears on sites “we” have noth­ing to do with.

    think about that, with wide accep­tance there will be a bunch of peo­ple out their who think its their moral duty to con­tact you every time you pub­lish some­thing inac­cu­rate. the cur­rent state of affairs (you write an arti­cle, some one writes a response, and over time one gigan­tic link filled story devel­ops that cov­ers every angle)take a big hit. now you’ve got peo­ple writ­ing you and telling you what your doing is wrong, and you should stop in fairly con­de­scend­ing way. i think the sheer annoy­ance this code would bring about would be its biggest prob­lem (notice that this chain of events also vio­lates the parts of code that bar trolling and piss­ing contests).

    on another note there is no guar­an­tee that prac­ti­tion­ers of the code will all agree uti­lize it in the same way. think about this: a white suprema­cist blog­ger signs on to use the code. He starts blog­ging ter­ri­ble things about jews. Now thats all well in good, because in this case “we” is a white suprema­cist and doesn’t con­sider anti­semitism to be offen­sive. But he does find semi­tism to be offen­sive. now either we get a (very apro­pri­ate) back­lash against this blog­ger from the jew­ish com­mu­nity, or he enacts the sec­tion i quoted above. he starts to email pro­pri­etors of jew­ish web­sites and admon­ish them for post­ing offen­sive mate­r­ial. either way angry peo­ple begin to gang up on our nazi friend. and what does he do. he hides behind the blog­gers code of con­duct. this hap­pens enough times (racists, the taste­less, bla­tant trolls) and blame will begin to shift to the code it self. and when that shit storm comes a callin its going to land firmly on Tim O’Reilly and/or who­ever else sets up the code of con­duct. now they cer­tainly aren’t at fault when peo­ple even­tu­ally per­vert their goal, but the media as a whole tends to present the nar­row­est pos­si­ble angle in regards to these types of events (in this case blog­gers cre­at­ing a shield for offen­sive material).

  32. 32Rob Bryan — April 10, 2007 at 1:27 am

    Well, I still think being up front about how one intends to run ones blog is a good thing. I can see your con­cern if this par­tic­u­lar code became a per­va­sive stan­dard, and every­one knew what the gold star meant or what­ever. Hon­estly, I just can’t imag­ine this gain­ing that kind of trac­tion. I see the upside of peo­ple think­ing about what their “code of con­duct” ought to be as big­ger than the threat of this ones imper­fec­tions become oppres­sively universal.

    I do agree that copy­right and trade­mark are weird inclu­sions in a civility-oriented code of conduct.

    And I still don’t think you’re infring­ing Tims copy­right. Your pur­pose in quot­ing him is what mat­ters: you have quoted his piece in order to illus­trate your argu­ments about it; this is clearly fair use. If one wishes to be safe in assert­ing such a defense if it comes to doing so in court, it is best to have quoted as small a por­tion as pos­si­ble. But the size of the por­tion is not an absolute stan­dard, and is only rel­e­vant for lawyers argu­ing about whether you’re lying about hav­ing quoted him only for illus­tra­tion. Here in the court of com­mon sense we can note that you’ve made a detailed, point-by-point cri­tique, and it’s only rea­son­able for you to have quoted each point you address. My point is that when I say you’re not infring­ing, I don’t mean that nobody could pos­si­bly sue you or that they would def­i­nitely lose; I mean that in my opin­ion they ought to lose (and in this case I’m con­fi­dent they would).

  33. 33Your Own Code of Conduct | WebProNews — April 10, 2007 at 1:33 am

    […] cuts to the chase as usual, Tom Evs­lin has a typ­i­cally thought­ful piece, and Tris­tan Louis takes a long look at the issues as […]

  34. 34Bill Simmon — April 10, 2007 at 1:40 am

    if it’s only a ques­tion of self con­trol, we already have that. Then why do we need a code? Adop­tion of a cen­tral code means agree­ment with some form of cen­tral author­ity doesn’t it?

    I haven’t seen any form of cen­tral author­ity or arbiter of the guide­lines prof­fered and my sup­port for the code would van­ish if that hap­pened. The code is a show of sol­i­dar­ity. I have a “sup­port EFF” but­ton on my blog that tells my read­ers that I sup­port blog­gers rights, that I am con­scious of fair use issues and free speech issues and that I am against war­rant­less wire­tap­ping. Every link I put on my front page is an indi­ca­tor of the blog cul­ture that I align myself with. So it is with this code and the badges — it’s a mes­sage to the rest of the inter­net that at my blog, I won’t tol­er­ate aggres­sive, vio­lent, misog­y­nis­tic ad hominem attacks on me or my com­menters and that I reserve the right to delete these com­ments at my own dis­cre­tion. Yes, my com­ment­ing pol­icy may already say as much, but an orga­nized move­ment sanc­ti­fies the mes­sage and allies my blog with oth­ers that feel the same way, and hence, the mes­sage car­ries more weight (ideally).

    The same is true with my EFF but­ton. I could post two or three para­graphs about how I feel about the inter­net and indi­vid­ual rights, but it’s much eas­ier for me to post the EFF bug (and ide­ally get peo­ple to go there and become EFF members).

  35. 35Our Obsessions Keep Us Sane — April 10, 2007 at 1:51 am

    […] con­tent with­out exten­sive quot­ing or don’t run ads. It’s a tough choice for many blog­gers. Link (via Smart […]

  36. 36Boing Boing: Blogger "code of conduct" trades freedom for politeness — April 10, 2007 at 2:14 am

    […] con­tent with­out exten­sive quot­ing or don’t run ads. It’s a tough choice for many blog­gers. Link (via Smart […]

  37. 37Smart Mobs: Dissection of the proposed Blogger’s Code of Conduct — April 10, 2007 at 2:23 am

    […] to Smart­mobs a response to the pro­posed Blogger’s Code of Con­duct of Tim O’Reilly. In his dis­sec­tion Tris­tan high­lights why he finds it a bad idea. Help Trans­late Smart Mobs on the Worldwide […]

  38. 38Recent blog entries — April 10, 2007 at 3:17 am

    […] for the night: I haven’t read O’Reilly’s pro­posed blog­ger code of con­duct yet; some com­men­tary I have seen on it sug­gests I’ll be irri­tated at it as an invol­un­tary speech restric­tion, and one com­ment makes […]

  39. 39Doug Dingus — April 10, 2007 at 3:37 am

    Either peo­ple give a shit, or they don’t.

    IMHO, no amount of this kind of thing is really going to make one bit of dif­fer­ence to those, who sim­ply do not war­rant this level of consideration.

    So, why bother then?

    I see this as a kind of holier than thou approach to estab­lish­ing what should oth­er­wise be social norms. Instead of hav­ing to work out some frame­work, that will be flawed, why not instead take the time to engage one another and resolve things, just as we always have?

    Inci­dents are gonna hap­pen no mat­ter what.

    So, the dif­fer­ence then is we get to say, “You broke the code!”

    Are you kid­ding me?

    Why not just say what the prob­lem really is. If there really is a prob­lem, then it’s eas­ily artic­u­lated and sup­ported by facts right?

    What I see as most dan­ger­ous is the ten­dancy to label some blog­gers and or par­tic­i­pants as being ‘bad’ when the real­ity, con­sid­ered with tol­er­ance and objec­tiv­ity front and cen­ter, is they may sim­ply be dif­fer­ent, and or not understood.

    For the most part, words are just words. How angry we get, upset, etc… is largely up to us! If we go down this path, we will sharply reduce the value of our online con­ver­sa­tions to that which would not offend any­body and that’s fuck­ing useless!

    I’ve put some pro­fan­ity here. I did it to under­score a point; namely, that we all are par­tic­i­pat­ing because we want to and that comes with a price. Said price is hav­ing the strength of char­ac­ter to take the time to under­stand each other and act accord­ingly. Does a pro­fane word really bother you? Would we all be bet­ter off not using them? How and when is using them accept­able and not? It goes on and on and on…

    This debate has been going on since we’ve had lan­guage! Do we think we can just come out with a quick and dirty set of rules that makes every­body happy because we have an Inter­net now?

    Get real. Get back to what dri­ves you. Enjoy the oth­ers and do what you can to keep the peace. Try assum­ing the other guy really meant no harm and rea­son from there first, rather than the other way around. If you have an excuse not to be angry, then take it and we all are bet­ter for it.

    There. All the rules any of us needs.

    This stuff is not hard, unless we want it to be.

  40. 40Yehuda Berlinger — April 10, 2007 at 4:50 am

    I wrote my own code of con­duct a week before the Kathy affair. It avoids many of the prob­lems you pointed out.

    http://jergames.blogspot.com/2007/03/blogger-code-of-ethics.html

    Yehuda

  41. 41Tim O’Reilly’s Blogging Code of Conduct Makes Me Nervous : Tama Leaver dot Net — April 10, 2007 at 6:46 am

    […] Tris­tan Louis has a thought­ful “Blogger’s Code of Con­duct: a Dis­sec­tion” which makes a very strong case against O’Reilly’s Code, point­ing out many of the […]

  42. 42Eli Rabett — April 10, 2007 at 10:08 am

    As a mod­er­a­tor one has the respon­si­bil­ity to call folk to task when they get out of hand. Some­thing like: Behave your­selves! That, and the absolute right to delete any­thing you want to delete.

  43. 43O'Reilly Radar > Call for a Blogger's Code of Conduct — April 10, 2007 at 11:44 am
  44. 44Giro.org » Further thoughts, re: codes of conduct — April 10, 2007 at 1:03 pm

    […] the way, there’s a much bet­ter dis­cus­sion of all this over here.) Filed under: Com­plete Wastes of Time Tags: code of con­duct, still with o’reilly’s ass Share […]

  45. 45blogesota — April 10, 2007 at 5:32 pm

    You are pars­ing with a micro­scope here. All that was sug­gested is that peo­ple take own­er­ship of their prop­erty and be account­able for their behav­ior. And have some man­ners. And as far as I can tell, it was intended to be voluntary.

    I’m afraid that all this “free­dom” pol­lutes many, many cor­ners of the inter­net. There are sites that I don’t read any­more due to the flam­ing and bad man­ners. There are also sites that have lost their integrity and have crossed the lines of com­mon human decency. Go ahead and post what­ever the hell you want. i don’t care. But it would be nice if peo­ple would be nicer, fairer, kinder, and more con­struc­tive. Some­times the blo­gos­phere looks like a big, stinky piss­ing con­test. And I don’t like it.

  46. 46Just a Sidekick…… — April 10, 2007 at 5:47 pm

    ‧說敢認敢說的話; ‧不准匿名留言; ‧排斥卑劣留言等。 (詳見:蘋果日報:web blog:blog界起草文明守則) 不過,亦有反對的聲音: Blogger’s Code of Con­duct: a Dis­sec­tion My Thoughts On O’Reilly’s Code of Con­duct [IMG Join the Blue Rib­bon Online Free Speech Campaign]與æ¤ä¸åŒæ™‚,網上早已有一藍絲帶行動。

  47. 47Taodon — April 10, 2007 at 5:59 pm

    I know, let’s a have a code of con­duct for every­thing we do in our lives! Why stop at blog­ging? We should cen­sure speech so we avoid the risk of offend­ing some­one! Why stop at speech? In order to truly be a free and lov­ing soci­ety, it is the thoughts them­selves we should attempt to curb. Since blog com­ments and speech them­selves comes from the thoughts of indi­vid­u­als such as myself, I find it rep­re­hen­si­ble that we would allow peo­ple to go think­ing all willy-nilly what­ever they want!

    In other words — I don’t care who O’Reilly thinks he is — he should use his code as a book­mark in a cer­tain Orwell novel. This boils down to one thing — silenc­ing dis­sent — and it doesn’t mat­ter how pretty you make it look.

  48. 48this ain't livin' — April 10, 2007 at 6:45 pm

    are expe­ri­enc­ing a come­back, due to con­cerns about leach­ing tox­ins in plas­tic ones. See what I mean about mod­ern con­ve­niences? The blog­gers code of con­duct is get­ting a great deal of press at the moment…but it deserves some well con­sid­ered crit­i­cism. Man­a­tees are being con­sid­ered for a sta­tus upgrade: from endan­gered to threat­ened. Yay, freaky sea crea­tures! Appar­ently cry­ing is the new black.

  49. 49tde — April 10, 2007 at 6:47 pm

    I under­stand that this O’Reilly guy is sup­pos­edly some grand inter­net poo-bah or some­thing, but this idea is some of the most lame-ass naval gaz­ing I have come across in a long time.

    Just to amplify a cou­ple of points you raise: Sup­pose you are a young Iraqi for­tu­nate enough to have a inter­net con­nec­tion. Would he have to post your real name in a blog before he could offer your com­ments about what is going in in his coun­try? No mat­ter what he says — there is a good chance he will piss off some­body who might kill him. So all of this lofty talk about civil­ity is nice for a bunch of Amer­i­cans com­fort­ably sit­ting in an office some­where — but there is a larger world out there. (Also the same thing could be said of some­one in the states who com­ments about per­sonal issues — abor­tion, gays, etc.)

    The “con­nect pri­vately” is par­tic­u­larly dumb. Sup­pose you read a com­ment that strikes you as idi­otic in a blog. Do you have to seek out that per­son to try to get them to come around to your point of view before post­ing a com­ment point­ing out how idi­otic they are? Sup­pose you do man­age to get a com­menter to renounce his or her stu­pid pre­vi­ous com­ment — do they then try to remove it from the com­ments sec­tion? Do you send in a joint com­ment in which the for­mer idiot renounces his or her prior idiocy? If not, then the com­ment is just float­ing around out there unchallenged.

  50. 50NanuqVT — April 10, 2007 at 7:01 pm

    I admit I skimmed through a lot of the dis­cus­sion on this site, but the thing I did not see high­lighted is that Kathy Sierra’s blog/life has effec­tively been cen­sored by the threats she received. That weighs pretty heav­ily in my mind against con­cerns over “cen­sor­ship” in the blo­gos­phere. And the fact that the most vicious stuff was posted to her because she’s a woman. Any­one seen a guy geek threat­ened like this (unless, per­haps, he comes out as gay)?

    I give points to Tim for propos­ing the stan­dards. Most other com­ments from guys that I’ve seen (Bill Sim­mon being an excep­tion) are all about clutch­ing their elec­tronic crotches pro­tec­tively and whin­ing about being elec­tron­i­cally emas­cu­lated by online “censorship.”

    Besides, the pro­posed stan­dards, not all of which I agree with, rep­re­sented by a pro­posed “badge” are like label­ing a food “all nat­ural” what­ever that means: says who? It’s mostly self-imposed stan­dards and mar­ket­ing to a par­tic­u­lar audi­ence. It means you care about what’s going on your site.

    Ten years ago I ended up leav­ing news­groups (arguably the pre­de­ces­sor to blogs) because of the vicious­ness of the flame wars. Bor­ing and nasty.

    I don’t know the answer. I respect the pro­posal for cre­at­ing an active response to intol­er­a­ble vio­lence. I dis­agree with some of the specifics. I don’t run a blog.

    NanuqVT

  51. 51rizzn.com v11.0 — April 10, 2007 at 7:42 pm

    this, quot­ing sub­stan­tial por­tion of copy­righted con­tent would be a vio­la­tion of the code. This means that blogs now have a choice: write only orig­i­nal con­tent with­out exten­sive quot­ing or don’t run ads. It’s a tough choice for many blog­gers. Link (via Smart Mobs) —- [IMG techdirt] Feed: Techdirt Title: How A Bun­gled Attempt At Pro­mot­ing Tourism Leads To Malaysian Blog­gers Need­ing To Reg­is­ter With The Gov’t Author: Mike Mark &

  52. 52The OPLIN 4cast — April 10, 2007 at 8:10 pm

    Call for a Blog­ging Code of Con­duct, which has set off an entirely new con­tro­versy. A Call for Man­ners in the World of Nasty Blogs (New York Times) Draft Blogger’s Code of Con­duct (O’Reilly Radar) Blogger’s Code of Con­duct: a Dis­sec­tion (Tistan’s Insights) Update on Kathy Sierra story (Con­fes­sions of a Sci­ence Librar­ian) 2. Dig­i­tal Copies Col­lect­ing Dust When Google Book Search scans a par­tic­i­pat­ing library’s col­lec­tion, it pro­vides a dig­i­tal copy back to the library at the end

  53. 53Derek Scruggs — April 10, 2007 at 11:30 pm

    Taodon,

    I know, let’s a have a code of con­duct for every­thing we do in our lives! Why stop at blog­ging? We should cen­sure speech so we avoid the risk of offend­ing some­one! Why stop at speech?

    Many of us do. For some it’s the Bible, for oth­ers the Koran. For oth­ers it’s about phi­los­o­phy, so they put a link to RedState.org or Daily Kos on their blogroll.

    They do so as a choice. Same deal here. No one makes you do it, and even if you vio­late it it’s not like you’re going to jail or anything.

    Vol­un­tary self reg­u­la­tion. I don’t remem­ber that being in any of Orwell’s books.

  54. 54paradox1x - Karl Martino - Philadelphia, PA, USA — April 11, 2007 at 12:09 am

    Blog­ging Code of Con­duct” — WHO ENFORCES IT?: I am sim­ply shout­ing to the wind here out of frus­tra­tion with the fail­ure of blog­ging to pro­vide any defense what­so­ever: WHO ENFORCES THE CODE-OF-CONDUCT? TNL.net: Blogger’s Code of Con­duct: a Dis­sec­tion: Because of such lapses and because I believe that “the inter­est in encour­ag­ing free­dom of expres­sion in a demo­c­ra­tic soci­ety out­weighs any the­o­ret­i­cal but unproven ben­e­fit of cen­sor­ship,” I have to say that this code is not only a bad idea but one

  55. 55The Ward View — April 11, 2007 at 1:00 am

    free­dom of expres­sion in a demo­c­ra­tic soci­ety out­weighs any the­o­ret­i­cal but unproven ben­e­fit of cen­sor­ship,” I have to say that this code is not only a bad idea but one that should stren­u­ously be rejected by mem­bers of the blo­gos­phere. Read more. Jason talks about it here and here. Waldo talks about here. I’m think­ing basi­cally this is just another left­ist ploy to move me even fur­ther down the BNN rank­ings for next week.  But, why do we need a code?

  56. 56Doug Dingus — April 11, 2007 at 3:20 am

    Re: Sites unread­able today because of [some­thing objectionable].

    So?

    There are other places to go, and always peo­ple will­ing to engage oth­ers in a bet­ter way. If the sites do not self-police, the com­pe­ti­tion will solve the prob­lem. This is sim­ple and effec­tive and has always worked. It will always work.

    IMHO, each of us is respon­si­ble for earn­ing the respect of our peers. Some of us don’t care, and that’s the core of the prob­lem. No code will fix this, thus it’s all largely a waste of time.

    I’ve helped to clean up a site or two. It takes some work, requires some reg­u­lars to lead by exam­ple and con­sis­tantly work to bring out the oth­ers doing the same. From there, some mod­er­a­tion, ban­ning, etc.. can weed out the bad ele­ments, leav­ing a com­mu­nity that has a pretty high chance of success.

    What options a given com­mu­nity has, depends on it’s alpha mem­bers, the mod­er­a­tion sys­tem in use, and the software.

    Want a more solid dis­cus­sion? Make sure your alphas are up for that, elim­i­nate anon com­ments, or (and I said OR) intro­duce some decent mod­er­a­tion. Where mod­er­a­tion is con­cerned, it’s either up to a few reg­u­lars, dis­trib­uted among the users, or bot­tle necked through some fil­ter or user combination.

    I par­tic­i­pate in sites where the dis­cus­sion rules are very open, but a sign up is required to post. This lim­its the spo­radic hit and run type stuff and encour­ages reg­u­lar con­trib­u­tors that are actu­ally inter­ested. The occa­sional hol­i­day fixes most prob­lems. Once in a blue moon a user gets banned.

    One aspect of this site I find inter­est­ing is that a ban is not for ever most times. If you want to keep your han­dle, you take a vaca­tion and work it out with the admin. If this does not fly, or has failed a cou­pla times, you lose that han­dle and must return with another. That calms peo­ple down some­what as it’s always easy to tell who is who.

    Many of these blog sites have non-structured com­ments that just any­one can engage in. This post is an exam­ple of that. Good for cap­tur­ing speech, but bad for com­mu­nity purposes.

    I sub­mit that the active struc­tur­ing of a com­mu­nity and it’s users is the best defense against this kind of thing. If you can get the com­mu­nity norms, and actu­ally get a com­mu­nity run­ning, the par­tic­i­pants will value it far more than they do some grat­i­fi­ca­tion and will then behave.

    Don’t do this and you will have trou­ble, code of ethics or not.

  57. 57Aqurette.com — April 11, 2007 at 3:47 am

    I think the debate is inter­est­ing, and it’s def­i­nitely a sign of a matur­ing blo­gos­phere. Fur­ther­more, after a first read-through, I think O’Reilly’s draft is good. How­ever, vet­eran blog­ger Tris­tan Louis makes some good remarks in his “dis­sec­tion”. I’m curi­ous about what impli­ca­tion this debate might have on the Euro­pean blo­gos­phere. It’s no secret that the Amer­i­cans are the front-runners in this field.

  58. 58Write Technology — April 11, 2007 at 4:34 am

    rather con­flicted and com­ing out against the Code of Con­duct. I really don’t think it will fly. Peo­ple like Cory Doc­torow and even Robert Scoble are uncom­fort­able with the whole thing. In fact, the best dis­sec­tion of the pro­posed Code was writ­ten by Tris­tan Louis. There is also an odd kind of pres­sure those folks are feel­ing, like dis­agree­ing with Tim O’Reilly could hurt their career. I sup­pose the high pro­file folks will work it all out. I encour­age every­one to con­tribute to the con­ver­sa­tion though. If you’re

  59. 59Bob McInnis — April 11, 2007 at 8:27 am

    Derek,

    Appar­ently, we should have a code of con­duct on every­thing we do in life. Our self­ish­ness, self-centeredness, uncar­ing, big­oted, biased, mean spir­ited, grand­stand­ing behav­iour should be eved­ince that we are inca­pable of self reg­u­la­tion or lim­i­ta­tion. This isn’t a free speech issue, there isn’t a slip­pery slope. If you want the ‘right’ to express your opin­ion then accept the respon­si­bil­ity to iden­tify yourself.

  60. 60j_king — April 11, 2007 at 9:52 am

    I’ve been involved in “online speech” since my days con­nect­ing to BBS’, Usenet, etc. I’ve been talk­ing since a young age as well — com­mu­ni­cat­ing freely with those around me; even encour­aged to speak my mind. As I grew older, I learned to value of my free­doms and have kept them close to me. To this day I still believe that any con­se­quence that anonymity and free-speech may have is worth the sac­ri­fice for its benefits.

    I’m no stranger to death threats or being beaten to an inch of my life. I’ve received some online and many more right to my face. While I was in high school, or out in the world scrap­ing to get by. Every once in a while I’d meet some­one who didn’t like me, my ideas, what I stood for — and wished me harm.

    Not once have I ever asked for assis­tance from the law or some reg­u­lat­ing body. I’ve always felt that the law did it’s job well enough to pro­tect me in the event some­thing should hap­pen and some­one actu­ally does some­thing ille­gal (like attempt­ing to inflict harm upon me). The police are a phone call away in such events. And if the threats ever became con­sis­tent enough to bear warn­ing; it could be inves­ti­gated at my dis­cre­tion with just a sim­ple phone call.

    Our world does not need more reg­u­la­tion. We don’t need more babysit­ters and whin­ers reach­ing out and mak­ing sure we’re mon­i­tored and in-line with the reg­u­lated norms. I don’t want some­one telling me what ideas are accept­able, what speech is accept­able, where and when I’m allowed to talk freely. The moment that hap­pens is the moment we’re no longer free. In such a world, don’t be sur­prised if sud­denly you’re no longer able to chal­lenge the laws gov­ern­ing you. You’ll become a pris­oner of your own fears; and worse — you could lose your humanity.

    Gov­er­nance is not a tool to con­trol the behav­iour of others.

    We con­trol our behaviour.

    We don’t need a code of con­duct to con­trol speech online. If this woman felt harassed and thought this per­son would do some­thing to her; there are already meth­ods at her dis­posal to pro­tect her­self. I’m cer­tainly not giv­ing up my free­doms. I’m not afraid to keep them.

    Ques­tion is, are you?

  61. 61Blog-You.com — April 11, 2007 at 12:59 pm

    其他反對聲音: My Thoughts On O’Reilly’s Code of Con­duct Blogger’s Code of Con­duct: a Dissection

  62. 62Jeff Jarvis — April 11, 2007 at 1:46 pm

    Great job on this, Tristan.

  63. 63Sunfell's Earth Walk — April 11, 2007 at 2:47 pm

    boz­topia checked in with his own thoughts, includ­ing a very good Mis­sion State­ment that is an accu­rate reflec­tion of my own style of care­tak­ing. If you’ve made a post on this sub­ject, let me know. More dis­cus­sion about this sub­ject. And here is what The Suf­fer­able Ass has to say about it. And Yehuda refines the code even more. Lots of good dis­cus­sion. And every­one has good points, too. Can lines be drawn? Yes– what hap­pened to Sierra is wrong, and no one should be terrorized

  64. 64Paul — April 11, 2007 at 3:43 pm

    I think that who­ever runs the site can make the rules. I don’t agree with the propo­si­tion that engag­ing in the polic­ing of one’s site, whether to get delete flam­ing com­ments, to get­ting peo­ple back on track, or what­ever is “cen­sor­ship.” How­ever, if the blog owner wants to cen­sor the site, let him.

    I also think that you have to dis­tin­guish between whistle­blow­ing and telling secrets. FWIW, I think that rais­ing whistle­blow­ers to an ele­vated sta­tus is a mis­take. I also don’t sub­scribe to the view that there should be no secrets, which is an view implicit in teh cri­tiquie above. Some­times peo­ple telling secrets are blow­ing the whis­tle, and some­times they are telling lies to cover their own mis­takes. Some­times peo­ple are telling secrets that they shouldn’t be. Peo­ple who have an oblig­a­tion to main­tain con­fi­dences shouldn’t be pub­lish­ing them on a blog or on the web.

  65. 65Gail Williams — April 11, 2007 at 6:02 pm

    Nice list of pos­si­ble issues. (I was think­ing along some of the same lines, detail­ing many of those pit­falls of the draft code with slightly dif­fer­ent exam­ples. I’d add sig­ni­ci­cant con­cerns about the binary choice sim­bolized by a sher­riff badge icon and an explo­sion icon. There are not binary styles in host­ing a con­ver­sa­tion or con­tri­bu­tions. One addi­tional thought I had that I would like to add to the mix is posted at
    http://gailwilliams.wordpress.com/2007/04/10/civilty-codes-of-conduct-and-sustaining-community/
    as “what hap­pens if you dis­play a blog badge but some­body feels you didn’t live up to it? Is that false adver­tis­ing?“
    Excel­lent roundup, happy to find your post on smartmobs.

  66. 66Commonplacebook.com — April 12, 2007 at 5:24 am

    The TNL.net weblog » Blogger’s Code of Con­duct: a Dissection

  67. 67Tristan Louis — April 12, 2007 at 12:10 pm

    Ryan: Great point about the mys­te­ri­ous we. It’s some­thing that’s been bug­ging me more and more :)

    Rob: Thanks for the Kudos.

    Bill: In the ini­tial post, the mys­te­ri­ous we was a point of con­tention. I think that your analy­sis of it as equiv­a­lent to the “sup­port EFF” type of cam­paign is on point and part of the rea­son that, while I am a sup­ported of the EFF, I do not have a badge for it on the site. The rea­son being that I sup­port a fair num­ber of the EFF activ­i­ties but also have some dis­agree­ment on some oth­ers. So my sup­port is not 100% (unlike my sup­port for Cre­ative Com­mons). And that’s where it get dif­fi­cult, espe­cially on some­thing as broad as a code of conduct.

    Doug: A well rea­soned argu­ment on label­ing peo­ple as bad.

    Yehuda: I’ll read it and com­ment on your blog.

    Eli: Isn’t that the way every online forum has always run :)

    blo­ge­sota: I am indeed pars­ing with a micro­scope (dis­sec­tion, micro­scope… god, my blog is feel­ing more and more like a lab every day :) ) but what you point to is that you don’t read sites you dis­agree with. How­ever, do you think they should be censored?

    Taodon: isn’t that in itself and extrem­ist atti­tude :)

    TDE: Agreed

    NanuqTV: Kathy Sierra was not cen­sored; she self-censored. A very big dif­fer­ence. And it’s not just women get­ting the rough end of the stick. By recent count, I’ve been outed as gay (I’m straight) and called a child moles­ter (I’m not) in pub­lic forums (fora?) all because of stuff I put online. All this had done is helped me grow a thicker skin.

    Jon: I’ll read and com­ment on your site.

    Derek: I think your anal­ogy about choice is a good one. Self-regulation is OK (look at that lit­tle CC badge in the cor­ner of this site :) ) but my objec­tion to the ini­tial offer­ing was that it was pre­sented a cen­tral­ized reg­u­la­tion, which I dis­agreed with.

    Doug: This site only has the “appear­ance” of unstruc­tured free for all. I still mod­er­ate com­ments on the site, though I do let most of the stuff through (basic rule: spam is a no-go, per­sonal attacks that do not fur­ther the dia­logue (ie: “this guy’s a jerk” and no other com­ment­ing vs. “this guy’s a jerk because …”) don’t make the cut and things that are out­right false­ness (like the 3 Tim O’Reilly with free email addresses that were obvi­ously not really Tim) don’t pass either). That said, I can prob­a­bly count the num­ber of times I’ve cen­sored stuff that wasn’t spam on both hands (the fake O’Reillys moved it past 1 hand :) )

    Bob: Anony­mous com­ments should still be OK though. How­ever, they should be taken with a moun­tain of salt (that’s a lot of grains :) )

    j_king: Well put but haven’t you ever run into sit­u­a­tions where that’s been tested, where your own bound­aries were con­fronted with that real­ity? For me, that’s where the dif­fi­cult test is. Dur­ing the Repub­li­can con­ven­tion in New York, I vol­un­teered for the ACLU and found myself defend­ing the free speech rights or peo­ple I thought were com­plete kooks. It was a weird posi­tion to put myself on the line to pro­tect speech I com­pletely dis­agreed with. Since then, though, I con­sider myself changed in the sense that I see the true value of free speech and am wil­ing to lay on the line for it. The US found­ing fathers were will­ing to die for it and so it is our duty to attempt (as closely as we can) to fol­low that tra­di­tion and pro­tect that right.

    Jeff: Thanks :)

    Paul: I think you’re on the right track here. Basi­cally, house rules :)

    Gail: Will read your post and com­ment on your site :)

  68. 68Tristan Louis — April 12, 2007 at 12:19 pm

    tnl.nettnl.nettnl.nettnl.netTim O’Reilly fol­lows up. I’ve posted the fol­low­ing com­ment on his blog (but it looks like it might have been mod­er­ated out):

    Tim,

    First of all, thanks for start­ing the dis­cus­sion here. While I gen­er­ally agree with the idea that more civil­ity would be nice, I am still con­cerned that cer­tain peo­ple might think that hon­est dis­agree­ment is equal to unci­vil­ity. I’d like to quote some of the por­tions from my dis­sec­tion of your orig­i­nal pro­posal, which I believe this posts does not address yet:

    he estab­lish­ment of rules (or codes) seems to act as a way to “close” con­ver­sa­tion, even if it is in a way that is lim­ited by cer­tain bound­aries and while I agree that frank­ness and lack of civil­ity are not equals, a ques­tion imme­di­ately arises as to who con­sid­ers what proper civil dis­course? Look­ing back at the cre­ation of the United States and the insti­tu­tion of the Fed­er­al­ist papers, civil­ity has gen­er­ally been seen as the enemy of open­ness. The dis­course between the US found­ing fathers was far from civil (even, in the cel­e­brated case of Hamil­ton vs. Burr, end­ing up in a dis­agree­ment on civil­ity end­ing up in a duel that greatly short­ened the life of one of America’s great­est genius.) So, from the open­ing state­ment, we are already faced with an inter­est­ing chal­lenge: how do we “encour­age both per­sonal expres­sion and con­struc­tive con­ver­sa­tion” while at the same time try­ing to clamp down on dis­agree­ment through that dan­ger­ous weapon called civility?

    I think, if I hear you well on this that you would deal with this by mak­ing the code more gran­u­lar. Am I cor­rect in my under­stand­ing? If the sys­tem is about express­ing a pol­icy, as you men­tioned, isn’t it about that pol­icy being more restric­tive (or will you have bina­ries on each of the items, allow­ing for opt-in and opt-out on each item?)

    let me harp on who gets to define those terms. What con­sti­tute abuse? Is say­ing that “I believe so and so is a dimwit for say­ing…” con­sid­ered a type of abuse?

    The ques­tion I have here is that it seems like a very tricky ground, one person’s enter­tain­ment is another person’s abuse.
    Let me take an extrem­ist exam­ple here to amplify this point: bat­tles around porn have often found fem­i­nists and reli­gious con­ser­v­a­tive in the same camp oppos­ing nudity in mag­a­zines. They see it as a form of pub­li­ca­tion demean­ing women. How­ever, a sub­stan­tial por­tion of the male pub­lic sees it as attrac­tive and does not con­sider it demean­ing.
    The rea­son I am tak­ing this extreme exam­ple is that the extreme is gen­er­ally where most peo­ple feel uncom­fort­able (wit­ness “Peo­ple vs. Larry Flint”). Com­mu­nity mores are dif­fi­cult to deal with, espe­cially when it comes to the inter­net (and its sub­set the blo­gos­phere) because each com­mu­nity may have dif­fer­ent stan­dard. So, for exam­ple, what is con­sid­ered accept­able (or even civil) forms of speech on a left-wing blog would be con­sid­ered a vio­la­tion of civil­ity on a right-wing blog (and vice-versa). How does your code cover those areas? This is where some of the really dif­fi­cult issues arise.

    3. We con­nect pri­vately before we respond publicly.

    Does that mean that every per­son that’s talked about it con­tactable? If the pres­i­dent of the United States makes a com­ment, how do I con­nect pri­vately to him before respond­ing pub­licly? Does my send­ing him a let­ter con­sti­tute such pri­vate com­mu­ni­ca­tion or do I need to wait for an acknowl­edg­ment of receipt?

    When we encounter con­flicts and mis­rep­re­sen­ta­tion in the blo­gos­phere, we make every effort to talk pri­vately and directly to the person(s) involved—or find an inter­me­di­ary who can do so—before we pub­lish any posts or com­ments about the issue.

    Same as above. What if the attempt is not answered? Does that make it OK? Do we need to vet every com­ment before­hand? Should I send this to Tim and wait for his com­ment before I pub­lish it? What if he sits on it: does that quash the story altogether?

    You are still not answer­ing the ques­tions raised to that effect. What if one doesn’t have the con­tacts. You are priv­i­leged in that you gen­er­ally can reach out to the peo­ple you write about due to your status/role in the indus­try. How­ever, most of vast unwashed are not. How can they con­nect or be con­nected to? And what hap­pens if a per­son does not want to be con­nected to? Can one write about them or not?

    For exam­ple, I did send you a copy of my post over email but still haven’t seen a response. Was I irre­spon­si­ble in post­ing it before you com­mented? If that’s the case, could one eas­ily quash entries/articles they don’t want to see by sim­ply refus­ing to respond?

    4. When we believe some­one is unfairly attack­ing another, we take action.

    What type of action? What con­sti­tutes an unfair attack?

    So I dis­agreed with your post and thought it was an unfair attack on the peo­ple on the Inter­net who believe in a more open frame­work. I took action by post­ing my reply to you about it. How­ever, I broke the pre­vi­ous point of con­nect­ing (in that I didn’t wait for you to get back to me). The other ques­tion is what’s an unfair attack. In that pre­vi­ous sen­tence, I called the attack you made on those peo­ple unfair. Does that make it so? If that’s the case, what if some­one else now says that it wasn’t? How do you arbi­trate about those two points of views?

    We pre­fer not to respond to nasty com­ments about us or our blog, as long as they don’t veer into abuse or libel. We believe that feed­ing the trolls only encour­ages them–”Never wres­tle with a pig. You both get dirty, but the pig likes it.” Ignor­ing pub­lic attacks is often the best way to con­tain them.

    If that’s the case, why should they be deleted then? This last sec­tion seems to con­tra­dict the rest of the code…

    Is that now part of a more gran­u­lar framework?

    Also, a ques­tion is as to how you do this on a global basis. In a fol­low up com­ment I made on my blog, I asked another com­plex question:

    A fol­lower of Mok­tada al-Sadr posts an entry on his blog on wordpress.com ask­ing to join the protest and force the US troops out of Iraq. A Kuwaiti com­menter dis­agrees with him and says that peo­ple who fol­low the party line from Iran should be executed.

    In this case, you have two pro­mo­tions of ille­gal acts (forc­ing the US forces out of Iraq through vio­lent protest and exe­cu­tion of dis­senters) from two dif­fer­ent par­ties on a US-based blog­ging service.

    One could argue the com­menter is cyber-bullying the author of the post.

    Which body of law applies in that case? Iraqi? Kuwaiti? US? That’s the kind of can of worm such argu­ment opens.

    How do you address such a thing?

  69. 69Pajamas Media — April 12, 2007 at 1:15 pm

    Com­ments on Com­ments: Tris­tan Louis @ TNL (via Boing Boing) dis­sects the pro­posal for a blog­ger code of con­duct. Mean­while, Frank J. @ IMAO takes action and writes a com­ment pol­icy of his own. UPDATE: Tim O’Reilly responds to criticism.

  70. 70Guy Kawasaki — April 13, 2007 at 3:05 pm

    Tris­tan,

    It seems to me that the peo­ple who most need to abide by such a code are the least likely to agree to it. This is like say­ing that if a coun­try is in the United Nations, it won’t do any­thing bad.

  71. 71billg — April 15, 2007 at 9:39 am

    It’s incor­rect to assume that we can avoid respon­si­bil­ity for any­thing pub­lished on our blogs sim­ply because we didn’t write it. It is our choice to host a web­site and it is our choice to accept com­ments. It is our choice to edit or mod­er­ate those com­ments. No one forces us to do those things. We can eas­ily dis­able com­ment­ing altogether.

    Inher­ent in that kind of respon­si­bil­ity — a publisher’s respon­si­bil­ity — is the need to rec­og­nize that the mea­sure of accept­abil­ity is not our indi­vid­ual pref­er­ence, but our under­stand­ing of our audi­ence. Con­tent writ­ten by oth­ers — com­ments — should not be edited or deleted sim­ply because it stakes out a pos­tion con­trary to ours or our readers.

    We should not pub­lish con­tent that might put our­selves or oth­ers, includ­ing the peo­ple who wrote the con­tent, in legal or phys­i­cal jeop­ardy. We should not pub­lish con­tent that appears to have been cre­ated for the pri­mary pur­pose of deliv­er­ing patently offen­sive attacks on other peo­ple. (Admit­tedly, these our judg­ment calls, but mak­ing those is part of what we sign up for when we become publishers.)

    It’s only our choice that allows oth­ers to pub­lish con­tent on our blogs with­out our prior inter­ven­tion. The tech­nol­ogy pro­vides us the oppor­tu­nity to vet com­ments before pub­lish­ing. That we usu­ally choose not to mod­er­ate is analagous to a news­pa­per choos­ing to pub­lish all sub­mit­ted let­ters to edi­tors with­out read­ing them. Would any­one rea­son­ably argue that news­pa­per is not, then, respon­si­bile for the pub­lished con­tent of those letters?

    That said, on a prac­ti­cal note: A lot of com­ment­ing pyrotech­nics are con­fined to long, usu­ally off-topic, threads started by a com­ment that trig­gers the avalanche. I’d like the abil­ity, as the blog owner, to col­lapse that thread into a sin­gle line on the comment’s page. I’d like read­ers to be able to expand it, but only in their browser. That would mimic a capa­bil­ity that seems to avail­able in a lot of forum soft­ware, but it would be a handy tool for blog­gers, as well.

  72. 72Interesource Blogs: Tim Malbon — April 15, 2007 at 3:22 pm

    to reg­u­late them­selves, although I realise that this offers no pro­tec­tion from mali­cious peo­ple behav­ing badly. I believe that as Boing Boing put it, the “Blog­ger ‘code of con­duct’ trades free­dom for polite­ness”. The Boing Boing posts links to jour­nal­ist Tris­tan Louis’ thought­ful post on the ten­sion between “civil­ity” and “free­dom” online, which is worth read­ing if only to rein­force how con­tro­ver­sial, lengthy (and dull) any attempt to reg­u­late blog­ging in this way will be. [IMG Graphic of Tim O’Reilly’s ‘Code of Con­duct’ badge]

  73. 73Consumer Generated: Media, Marketing & Mayhem — April 24, 2007 at 9:29 am

    as to why I think this is daft or even a dan­ger­ous idea as I am strug­gling to fin­ish my MBA the­sis (I shouldn’t be blog­ging but I could not resist on that one). I am point­ing you instead to two blog­gers who best encap­su­late what I would have writ­ten: Tris­tan Louis who does a great job at explain­ing how unwork­able this pro­posal is and Jeff Jarvis who shows the flip­side of it.

  74. 74Of Interest — May 10, 2007 at 2:49 am

    All this activ­ity has given me a lot to think about and I’m start­ing to worry about some of the darker sides of this world we’re cre­at­ing: Are we opti­mis­ing our­selves to death? Should we fear the rise of mob men­tal­ity (as exam­pli­fied by the recent call for a blogger’s code of con­duct). Those things weight on my mind and have been mak­ing me recon­sider a lot of assump­tions. I’ve been feel­ing a lit­tle burned out in 2007. Writ­ing long pieces may look easy but it isn’t and attempt­ing to write some­thing that some­one else has not

  75. 75blogesota — May 11, 2007 at 4:34 pm

    ::blo­ge­sota: I am indeed pars­ing with a micro­scope (dis­sec­tion, micro­scope… god, my blog is feel­ing more and more like a lab every day :) ) but what you point to is that you don’t read sites you dis­agree with. How­ever, do you think they should be censored?

    I did not say that I avoid sites I dis­agree with. On the contrary!

    I said that I avoid sites where bad man­ners over­whelm con­struc­tive dis­course. Peo­ple really seem to get “into” flam­ing and bitch­ing and games of “gotcha” and I hate that.

    I don’t think any­one should be cen­sored ever. But man­ag­ing your own site is not cen­sor­ship. How could it be?

    Once again, the orig­i­nal pro­posal was a call for vol­un­tary con­trols that sup­port civil­ity. For the same rea­son that we throw rowdy film­go­ers out of the movie the­ater and send bratty kids to the principal’s office, we can stop dis­rup­tion on our sites. If we wish to. That is NOT censorship.

    I’m a big sup­porter of ban­ning and delet­ing mis­be­hav­ing posters. A mis­be­hav­ing poster is NOT nec­es­sar­ily some­one I dis­agree with. It’s some­one with bad man­ners, who posts off topic, who basi­cally behaves like a lit­tle prick.

  76. 76ondamaris » Blog Archiv » Blogiquette — May 15, 2008 at 1:13 pm

    […] gestellt. Schon im April — und sich einige bit­tere Kom­mentare dafür einge­han­delt, wie z.B. auf TNL.net., die er gle­ich kom­men­tiert berücksichtigt […]

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