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Twitch will ban users for 'severe misconduct' that occurs away from its site

reuters.com

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Re: Twitch will ban users for 'severe misconduct' that occurs away from its site

#12

Earlier quoted context omitted.

>corporate organized blacklisting, which has been illegal for years. Does that mean Uber and Lyft sharing lists of drivers that have been banned from their platforms is illegal?

Uber and Lyft drivers are technically external contractors. Not employees. As far ask I know, there's no law about sharing bad contractors names.

right. If this were illegal then so would be BBB, or Angie's List, or Yelp?

Re: Twitch will ban users for 'severe misconduct' that occurs away from its site

#13
post #8

"The company said users will be able to report such behaviors but it may also investigate cases proactively, for instance if there is a verified news report that a user has been arrested." So we've arrived at "innocent until accused" instead of "innocent until proven guilty"? And if proven guilty, they will both be punished under the law, and again by companies like Twitch? If proven innocent will they be restored? W…

> we've arrived at "innocent until accused" instead of "innocent until proven guilty"

For a platform like Twitch, this is fine. They have a brand. They’re akin to a modern television channel, and television has always been this ruthless. There are lots of other streaming sites.

Re: Twitch will ban users for 'severe misconduct' that occurs away from its site

#15
post #2

I'm still waiting for the inevitable shitstorm that'll ensue when someone "innovates" a Relationship Management platform that is effectively a Shunning-as-a-Service (Read: Online Presence Surveillance and Data Broker interface) offering and suddenly discovers they've re-invented corporate organized blacklisting, which has been illegal for years. Yes, technically only for employment purposes, but the practice is gener…

>corporate organized blacklisting, which has been illegal for years. Does that mean Uber and Lyft sharing lists of drivers that have been banned from their platforms is illegal?

Depends why they've been banned, probably.

Corporate blacklisting is illegal, but there have been substantial carve-outs in the name of safety. DISA [1] is a great example of this - fail a drug test and you're banned from about 10% of the US economy for 7 years.

[1] https://disa.com/why-disa

Re: Twitch will ban users for 'severe misconduct' that occurs away from its site

#16
> The company said users will be able to report such behaviors but it may also investigate cases proactively, for instance if there is a verified news report that a user has been arrested.

> ...

> The new standards will apply even if the target of the offline behaviors is not a Twitch user or if the perpetrator was not a user when they committed the acts. Perpetrators would also be banned from registering a Twitch account, it said.

> Twitch said it would take action only when there was evidence, such as screen shots, videos of off-Twitch behavior or police filings, verified by its internal team or third-party investigators. Users who submit a large amount of frivolous reports will face suspension.

If you are accused of a crime you will be banned from Twitch?

Re: Twitch will ban users for 'severe misconduct' that occurs away from its site

#17

Twitch doesn't enforce their own rules. It's the reason why Amouranth is the highest paid female streamer.

What rule is she breaking?

She frequently violates Twitch's clothing rules, and her account has been suspended many times as a result of Twitch enforcing its rules.

Re: Twitch will ban users for 'severe misconduct' that occurs away from its site

#18
post #7

Is there any doubt that we've entered the era of approved, or not free speech. 'Severe misconduct' today means racist behaviour, perhaps tomorrow it means support for the NRA, or anti-environmental behaviour. The thought police have finally invaded ever part of society.

You can host nearly anything you want here for a modest fee: https://www.nearlyfreespeech.net/

No one owes you free hosting or access to their audience platform. If you take free shit from someone, expect to be at their mercy. It's really not that complicated or dystopian.

Re: Twitch will ban users for 'severe misconduct' that occurs away from its site

#19
post #2

I'm still waiting for the inevitable shitstorm that'll ensue when someone "innovates" a Relationship Management platform that is effectively a Shunning-as-a-Service (Read: Online Presence Surveillance and Data Broker interface) offering and suddenly discovers they've re-invented corporate organized blacklisting, which has been illegal for years. Yes, technically only for employment purposes, but the practice is gener…

It's funny you should mention that. A few years back, the operation of the shared Twitter ban list used by the Twitter left was, ah, slightly disrupted by the fact that it was being run by a British person who thought the Data Protection Act didn't apply to them and eventually received a polite official letter pointing out how completely wrong they are. (For context, their justification for why it didn't apply were that they were storing the data on a US service which had no contractual obligation to protect the data, and the list contained just about every kind of information categorized as sensitive under the DPA in the comments field... sexual orientation, political affiliation, all sorts.)

Anyway, I remember pointing out at the time that the Data Protection Act had been used to shut down corporate blacklisting efforts run by people with very good lawyers and much cleverer attempted loopholes than theirs, and that their chances of somehow finding a loophole where everyone else had failed were basically zero.

Re: Twitch will ban users for 'severe misconduct' that occurs away from its site

#20
post #8

"The company said users will be able to report such behaviors but it may also investigate cases proactively, for instance if there is a verified news report that a user has been arrested." So we've arrived at "innocent until accused" instead of "innocent until proven guilty"? And if proven guilty, they will both be punished under the law, and again by companies like Twitch? If proven innocent will they be restored? W…

Presumption of innocence is a legal principle and does not and will never apply to a corporation providing you services at their own discretion.
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