Update: LJ *admits* they can't judge what is legal and what isn't!

[dogemperor]

In a followup to a story I've written re LJ tolerating communities promoting "Bible-based baby beating" whilst nuking fandom communities and fanart posters (original post here and mirrored on this community, update here and mirrored on Innocence Jihad here), it seems that LJ Abuse got back to me in regards to one of the missives I sent them (

Comments

Penalties for failure to report

[dogemperor]

There are substantial legal penalties for failure to report:
Failure to Report
Penal Code §§ 11166(c); 11166.01

Any mandated reporter who fails to report an incident of known or reasonably suspected child abuse or neglect is guilty of a misdemeanor punishable by up to 6 months in a county jail, by a fine of $1,000, or both. If a mandated reporter intentionally conceals his or her failure to report an incident known by the mandated reporter to be abuse
or severe neglect, the failure to report is a continuing offense until an agency specified in § 11165.9 discovers the offense.

Any supervisor or administrator who violates § 11166(1) [that prohibits impeding others from making a report], shall be punished by not more than 6 months in a county jail, by a fine of not more than $1,000, or both.

Any mandated reporter who willfully fails to report abuse or neglect, or any person who impedes or inhibits a report of abuse or neglect, where that abuse or neglect results in death or great bodily injury, shall be punished by not more than 1

Re: Penalties for failure to report

[dogemperor]

In LJ's case, they were more "Meh, no evidence of abuse" (despite me having provided them evidence abuse was being promoted).

Of course, the biggie question here is whether there are in fact mandatory reporters on LJ Abuse's staff--a lot of this depends on that.

[thevelvetsun]

http://liz-marcs.livejournal.com/288425.html

"Posting links must be treated in precisely the same way that posting the material itself would be treated."

And from your Abuse response:

"It is not a violation of the LiveJournal Terms of Service for a community's maintainers to place links in their Profile Page which contain links to pages of interest to members of a community."

I'm not sure what links that is in reference to, but if the content on the linked page were on LJ's servers, it might be against the TOS. Why is it not allowed to link to underage fanart, but it's allowed to link to pages encouraging child abuse?

[thevelvetsun]

It's time to go to the press. Seriously. Don't let LJ get away with this.

[dogemperor]

Oh, trust me, as best as I can and maintain pseudonymity, this will be reported to the press (in my case, I have to be a bit careful, as my folks are still very much in the "religious right" stuff and they do not have any idea just how activist I am about this stuff).

And yes, I still have the list of media contacts.

[serenanna]

::tip-toes across an obviously hot topic:: Um, please don't bite me for being a traitor to the cause or anything, but I have been conversing with the enemy, ie. Rachel. She does know about this situation since I pointed it out to her directly, but is swamped dealing with everything else this mess has created alone until they can hire more help for her. This including dealing with everything from fandom to proana, to this, and to those BBB complaints which have to be answered

[ficangel]

Eh. I'll be civil to LJ employees when they come in here under the understanding that a lot of them are holdovers from Brad carrying out marching orders from a new set of bosses, but in regards to Rachel? She's been either flip or deliberately obtuse (God, I hope it's deliberate, because if she honestly cannot tell the difference between fiction and reality as is implied in the back and forth emails about child porn? Then we might as well pick up our balls, go to the new sandbox, and hope that the inevitable fireball is entertaining) too many times for me to cut her slack now. How hard would it be for her, overwhelmed or not, to email back the people asking her questions and saying, "I have so many people to talk to right now that I've had to set up a queue, you're #(X), and I'll be back as fast as I can"? Femme, the mod of PP, waited two weeks for even that much and has still not gotten substantial answers. I really can't give these guys any sympathy when their argument seems to be "the clusterfuck that we should have seen

[dogemperor]

Eh, you're fine--I don't bite...hard...often... :3

FWIW, the first post in the series does contain some of the most damning links, and my main concern in this is if they ARE being serious about stopping abuse of minors, they need to do it across the board.

(I'll put it like this--I would not have posted to her in such righteous anger if I didn't think it were possible for LJ Abuse to be clued in. One reason I DO post on this subject and AM so pissy about it is because I myself am a survivor of this particular subset of child abuse and know all too well its RL consequences.)

[emcyclopedia]

dead.

what the hell, lj.