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Wouldn't it be reasonable to assume that if you incidentally stumble upon an image you're not allowed to look at that it is not something that you could be pros
by Mirioron 7y ago
Wouldn't it be reasonable to assume that if you incidentally stumble upon an image you're not allowed to look at that it is not something that you could be prosecuted over? That is, as long as you weren't going looking for that specific type of image it should be okay.
- lazyjones 7y agoPossibly, it's for the judge to decide. How can you prove that it was accidental and not intentional? And how to do find an employee who doesn't mind checking questionable material (even pre-filtered/flagged by a ML model) every day?
- Mirioron 7y ago>How can you prove that it was accidental and not intentional? I imagine that if you happen across it while moderating then you won't really know what you'll find, because you're relying on reports or random browsing to find offending content. That is, as long as you're following reasonable procedures for moderating then that should be good enough, no?
- lazyjones 7y agoSo, what is a reasonable procedure? Look at content reported to be illegal yourself (possibly already illegal since you had prior notice it was illegal, certainly not good for being able to sleep at night) and then delete it? Or delete it without checking whenever it gets reported and thereby giving users a tool to sabotage other users by misreporting their content (fun for political discussions etc.)?
- closeparen 7y agoNot a lawyer, but pretty sure this depends on whether the crime is “strict liability” or requires intent.