Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-19 Thread Tim Landscheidt
(anonymous) wrote:

 [...]
 while we're at it, is it fair to infer from Andrew's post above that media
 depicting 'a 16-year-old masturbating is not real child pornography, and
 is in fact legal..' is the foundation's official position? [...]
  ^^
I'm not a native speaker, but I'd think that you cannot omit
Andrew's qualification , though explicit, in New South
Wales, Australia) without changing his statement complete-
ly. And I have a hard time trying to align this act of omis-
sion with good faith.

Tim


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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-19 Thread Tim Starling
Andrew Garrett wrote:
 It's possible for system administrators to delete files entirely from
 the servers for legal reasons, but because it is quite
 labour-intensive, I for one have only ever performed such a deletion
 when it is real child pornography (hint: a 16-year-old masturbating is
 not real child pornography, and is in fact legal, though explicit,
 in New South Wales, Australia).

That may be true, but if the subject is or appears to be 15.5 years
old instead of 16, then that would indeed count as child pornography,
even in NSW, and disseminating such material would be a crime, with a
maximum penalty of 10 years jail.

http://www.legislation.nsw.gov.au/fragview/inforce/act+40+1900+pt.3-div.15a+0+N?

It's a fine line to walk. Given the current climate you can expect a
broad interpretation of appears to be.

In any case, part of the job of a sysadmin is to help the Foundation
comply with whatever local laws they wish to comply with. If Mike
asked me to help him comply with a local law in Angola, I wouldn't
complain that the law isn't the same in Congo or wherever I happen to
be at the time, I would try to help him out. If there was some issue
of conscience, I could consider resigning, but obviously that wouldn't
come up if I'm being asked to remove some rubbish cameraphone home
video from the deletion archive.

-- Tim Starling


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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-19 Thread Robert Rohde
In the specific case of the 16-year-old uploader's image, we don't
really know if it was child porn or not, and the uploader denies that
it was.

A self-identified 16-year-old girl uploaded an artistically processed
image that was cropped to show a woman's genitals apparently engaged
in masturbation.  Because of the artistic processing it is not obvious
whether the image was based on a photo, or if it was based on an
illustration (as the uploader claims).  Regardless, the image was not
identifiable as a child.  The entire case that this was child porn is
based on the identity of the uploader and the suspicion that the image
might have originally been a self-photo before the image processing.

Hence the image was deleted and oversighted out of what might be
termed an abundance of caution.  It might be illicit, and there were
some reasons to be concerned that it was, but no definitive knowledge.
 However, since it wasn't actually useful to our mission probably
better to be safe than try to worry about it further.  That kind of
caution is probably entirely appropriate when minors upload
self-made images with sexual content.  However, it should be
acknowledged that we are unlikely to ever really know whether this
particular image was child porn unless the uploader chooses to
confess.

-Robert Rohde

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-18 Thread Peter Gervai
On Mon, Jan 18, 2010 at 01:00, private musings thepmacco...@gmail.com wrote:
 I'm more raising the issue that what could be child pornography remains
 available to wmf volunteers with 'oversight' op.s on commons - I don't think

HHOKyou wanna get the only fun from poor oversights, naughty
naughty/HHOK

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-18 Thread Bod Notbod
On Thu, Jan 14, 2010 at 3:19 PM, David Gerard dger...@gmail.com wrote:

 As for the link, showing these in greatly enlarged  versions, without
 the context of the articles in which they are used, is setting up a
 strong bias. We've never engaged in that use of the material, nor
 would we. If people want to take our material out of our encyclopedic
 content and turn it into sexually-focused presentations, that is their
 look-out.

 Indeed. The video basically comes across as a threat to try to drum up
 a moral panic against Wikimedia.

I don't see it that way at all. The narration was calm and
unsensational and a gentle pan across an image can hardly said to be
grossly misrepresentative either.

As for taking the images out of context of articles; well as they may
be viewed on Commons with no context I  don't see that as a valid
point.

Don't misunderstand me, I think our articles on sexual organs should
have a photo and Commons is our repository for such. But I was
somewhat taken aback by a few of the pics in that video... are we ever
going to have an article called gay facial?

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-18 Thread Nikola Smolenski
Дана Monday 18 January 2010 16:33:00 Bod Notbod написа:
 somewhat taken aback by a few of the pics in that video... are we ever
 going to have an article called gay facial?

Are you saying that you will be surprised if you find out that we have one?

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-18 Thread Philippe Beaudette

On Jan 18, 2010, at 10:25 AM, Nikola Smolenski wrote:


 Are you saying that you will be surprised if you find out that we  
 have one?


I'm mostly surprised that we DON'T.




Philippe Beaudette  
Facilitator, Strategy Project
Wikimedia Foundation

phili...@wikimedia.org

mobile: 918 200-WIKI (9454)

Imagine a world in which every human being can freely share in
the sum of all knowledge.  Help us make it a reality!

http://wikimediafoundation.org/wiki/Donate

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-18 Thread Bod Notbod
On Mon, Jan 18, 2010 at 4:25 PM, Nikola Smolenski smole...@eunet.rs wrote:

 somewhat taken aback by a few of the pics in that video... are we ever
 going to have an article called gay facial?

 Are you saying that you will be surprised if you find out that we have one?

Heh, after I pressed 'send' I thought, I'll have a link in my inbox
in under 5 minutes.

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-18 Thread Andrew Garrett
On Mon, Jan 18, 2010 at 2:23 AM, K. Peachey p858sn...@yahoo.com.au wrote:
 On Mon, Jan 18, 2010 at 11:39 AM, John Vandenberg jay...@gmail.com wrote:
 iirc, there is already a mediawiki capability for images to be
 completely removed from the servers.

 I can't see this capability in the sysop tools, so maybe I only imagined it.

 Is that capability still available?  Which users have access to it?

 If it is part of the software, I think oversighters should have access to it.

 That was rewritten ages ago to allow the files to be kept and
 undeleted and need be (so in theory they are now only removed from
 accessible part of the software, not the file system), they would need
 to be kept and not destroyed if they were brought you in
 court/criminal proceedings because they would become evidence.

It's possible for system administrators to delete files entirely from
the servers for legal reasons, but because it is quite
labour-intensive, I for one have only ever performed such a deletion
when it is real child pornography (hint: a 16-year-old masturbating is
not real child pornography, and is in fact legal, though explicit,
in New South Wales, Australia).

We don't really want to be handling any more than a request or two
each week/month under this system, and it's done mostly in the
interest of taste – the images that I've had to delete have made me
extremely uncomfortable, and deleting them is mostly about protecting
innocent snooping administrators from seeing them.

If there are legal issues involved, they should be discussed directly
with our General Counsel, and not speculated about by volunteers who
may lack the requisite legal expertise to make a decision on the
Foundation's behalf. The community should be discussing editorial and
administrative reasons for dealing with these images, not legal ones.

-- 
Andrew Garrett
agarr...@wikimedia.org
http://werdn.us/
Sent from London, Eng, United Kingdom

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-18 Thread Nathan
 It's possible for system administrators to delete files entirely from
 the servers for legal reasons, but because it is quite
 labour-intensive, I for one have only ever performed such a deletion
 when it is real child pornography (hint: a 16-year-old masturbating is
 not real child pornography, and is in fact legal, though explicit,
 in New South Wales, Australia).

 We don't really want to be handling any more than a request or two
 each week/month under this system, and it's done mostly in the
 interest of taste – the images that I've had to delete have made me
 extremely uncomfortable, and deleting them is mostly about protecting
 innocent snooping administrators from seeing them.

 If there are legal issues involved, they should be discussed directly
 with our General Counsel, and not speculated about by volunteers who
 may lack the requisite legal expertise to make a decision on the
 Foundation's behalf. The community should be discussing editorial and
 administrative reasons for dealing with these images, not legal ones.


With respect, legal issues are debated on many projects practically
every day. This particular issue is no different. In some
jurisdictions, just accessing such files can expose one to legal risk.
While Mike is a good lawyer, he doesn't represent individual editors -
and the Foundation's interests and liabilities (as a host, not a
content provider) may not fully intersect with the needs of individual
editors.

And in any case, permanently deleting such images (so that they can't
be recovered without extraordinary effort) has its own editorial and
administrative benefits.

Nathan

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-18 Thread Mike Godwin
Nathan writes:

With respect, legal issues are debated on many projects practically
 every day. This particular issue is no different. In some
 jurisdictions, just accessing such files can expose one to legal risk.
 While Mike is a good lawyer, he doesn't represent individual editors -
 and the Foundation's interests and liabilities (as a host, not a
 content provider) may not fully intersect with the needs of individual
 editors.


Keep in mind, though, that PM is constantly asking for Foundation
intervention with regard to the images that he is so consistently reviewing
and concerned about. Why PM wants Foundation intervention rather than
community consensus is unclear to me -- it should be clear, however, that
the Foundation is disinclined to engage in editorial intervention in the
absence of a clear legal imperative.

With regard to the Foundation's legal obligations, I expect my colleagues at
the DOJ and elsewhere will contact me if they have a problem with Foundation
policies or operations.


--Mike
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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-18 Thread David Gerard
2010/1/19 Mike Godwin mnemo...@gmail.com:

 Keep in mind, though, that PM is constantly asking for Foundation
 intervention with regard to the images that he is so consistently reviewing
 and concerned about. Why PM wants Foundation intervention rather than
 community consensus is unclear to me --


It's because the communities (en:wp and commons) keep telling him to go away.


- d.

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-18 Thread private musings
( ah c'mon d - who loves ya' baby ;-)
It's good to see you (Mike) here too - I'm glad you're clearly aware of the
concerns I've consistently raised, and I appreciate that I may not have been
completely clear about what I would hope the foundation, as oppose to the
communities, might be able to do - lemme give it a shot :-)
There's obviously an ongoing issue of some sort for Andrew, as a 'dev' to
write above 'the images that I've had to delete have made me extremely
uncomfortable' - could you (or Andrew) confirm that the appropriate
authorities were contacted in the case of child pornography being uploaded -
and would we agree that this is something the foundation can help facilitate
as oppose to responsibility lying with the communities?
while we're at it, is it fair to infer from Andrew's post above that media
depicting 'a 16-year-old masturbating is not real child pornography, and
is in fact legal..' is the foundation's official position? - In the context
of andrew requesting discussion with counsel as oppose to each other, it
might be good to clear that up?
The bottom line is that I think the foundation can provide leadership to the
communities, as well as specific software adjustments, perhaps including
things like 'click here to say you're 18', or some sort of 'descriptive
image tagging' - what I hope I'm showing by highlighting the volume and
nature of much media on wmf projects is the fact that for a variety of
reasons guidance and leadership from the foundation would be a good thing
:-) (please note that I'm not asking for hundreds of images or articles to
be deleted, nor am I claiming the wmf is nasty, evil and depraved, nor that
looking at folking putting bits and bobs into each other (and themselves!)
is necessary a bad thing - just that discussion of regulation is a good
idea!)
Perhaps worthy of note also is the nature of project usage, as another
commons user put it semi-rhetorically; 'are we becoming a systematic
pornography source?' (
http://commons.wikimedia.org/w/index.php?title=Commons:Village_pumpdiff=prevoldid=33968683)
These stat.s; http://wikistics.falsikon.de/2009/wikimedia/commons/ seem to
say 'yes' - there's a clear use of commons as porn source in my view, and I
don't think commons as 'the best porn you can get at school, or in the
library' is a good look for wmf :-) - mileage may vary of course, but thems
my thoughts.
Finally, your last bit, Mike, seemed to indicate that you feel the DOJ
(department of justice, I think) would be wanting to talk to you if anything
bad was going on does that really prohibit us from chatting about stuff
here? Has the foundation discussed such things with the DOJ specifically?
(would you, as foundation counsel, prefer such concerns to be raised with
them? - hopefully the door's not completely closed on this issue - that
would be a shame)
best,
Peter,
PM.
On Tue, Jan 19, 2010 at 11:59 AM, David Gerard dger...@gmail.com wrote:

 2010/1/19 Mike Godwin mnemo...@gmail.com:

  Keep in mind, though, that PM is constantly asking for Foundation
  intervention with regard to the images that he is so consistently
 reviewing
  and concerned about. Why PM wants Foundation intervention rather than
  community consensus is unclear to me --


 It's because the communities (en:wp and commons) keep telling him to go
 away.


 - d.

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-18 Thread Mike Godwin
On Mon, Jan 18, 2010 at 5:41 PM, private musings thepmacco...@gmail.comwrote:


 Finally, your last bit, Mike, seemed to indicate that you feel the DOJ
 (department of justice, I think) would be wanting to talk to you if anything
 bad was going on does that really prohibit us from chatting about stuff
 here? Has the foundation discussed such things with the DOJ specifically?
 (would you, as foundation counsel, prefer such concerns to be raised with
 them? - hopefully the door's not completely closed on this issue - that
 would be a shame)


Please understand that I have many contacts with the law-enforcement
community, and have had them for many years. Please also understand that I
don't disclose every legally related communication to foundation-l.

What I said, generally, remains true: that if DOJ has a problem with
Wikimedia content or policies, I'll likely be the first to hear about it. We
have not yet been contacted by DOJ or any state law-enforcement agency
regarding the content that PM is so very deeply concerned with and focused
on.


--Mike
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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-18 Thread private musings
heh! indeed - I don't think anyone would expect you to disclose everything
on this list! That would be rather silly ;-)
I'm also certain of both your expertise and connections in regard to law
enforcement, DOJs and whatnot - I certainly haven't meant to imply that your
expertise in this regard is anything other than an assett for the wmf!
I just had a good chat with someone pointing out that my posts probably
conflate a few different areas, so perhaps while I may have your ear, Mike,
I could ask you if you'd see any problem with expanding the role of OTRS to
include managing assertions of model age and release related to explicit
media - perhaps we could agree that might be a good thing? :-)
cheers,
Peter,
PM.
On Tue, Jan 19, 2010 at 1:31 PM, Mike Godwin mnemo...@gmail.com wrote:



 On Mon, Jan 18, 2010 at 5:41 PM, private musings 
 thepmacco...@gmail.comwrote:


 Finally, your last bit, Mike, seemed to indicate that you feel the DOJ
 (department of justice, I think) would be wanting to talk to you if anything
 bad was going on does that really prohibit us from chatting about stuff
 here? Has the foundation discussed such things with the DOJ specifically?
 (would you, as foundation counsel, prefer such concerns to be raised with
 them? - hopefully the door's not completely closed on this issue - that
 would be a shame)


 Please understand that I have many contacts with the law-enforcement
 community, and have had them for many years. Please also understand that I
 don't disclose every legally related communication to foundation-l.

 What I said, generally, remains true: that if DOJ has a problem with
 Wikimedia content or policies, I'll likely be the first to hear about it. We
 have not yet been contacted by DOJ or any state law-enforcement agency
 regarding the content that PM is so very deeply concerned with and focused
 on.


 --Mike




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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-18 Thread Mike Godwin
On Mon, Jan 18, 2010 at 8:31 PM, private musings thepmacco...@gmail.comwrote:


 I just had a good chat with someone pointing out that my posts probably
 conflate a few different areas, so perhaps while I may have your ear, Mike,
 I could ask you if you'd see any problem with expanding the role of OTRS to
 include managing assertions of model age and release related to explicit
 media - perhaps we could agree that might be a good thing? :-)


I do not believe it is a good idea to expand duties of OTRS beyond those
required by law. I do not believe OTRS is currently required by law to
manage assertions of model age and release.  I do not believe OTRS could
scale to assume such duties. I do believe that attempting to get the
Foundation to impose top-down intervention in this case when you can't
persuade the community itself of your concerns about explicit media is a bad
thing.


--Mike
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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-18 Thread geni
2010/1/17 private musings thepmacco...@gmail.com:
 Here's another concerning aspect of management of explicit media on WMF;
 It's been asserted that images of a 16 year old girl masturbating have been
 uploaded to commons;

Whats that got to do with management? Any service that allows user
uploads of images is going to get hit by such uploads from time to
time.


-- 
geni

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-18 Thread Jussi-Ville Heiskanen
Mike Godwin wrote:
 Nathan writes:

 With respect, legal issues are debated on many projects practically
   
 every day. This particular issue is no different. In some
 jurisdictions, just accessing such files can expose one to legal risk.
 While Mike is a good lawyer, he doesn't represent individual editors -
 and the Foundation's interests and liabilities (as a host, not a
 content provider) may not fully intersect with the needs of individual
 editors.

 

 Keep in mind, though, that PM is constantly asking for Foundation
 intervention with regard to the images that he is so consistently reviewing
 and concerned about. Why PM wants Foundation intervention rather than
 community consensus is unclear to me -- it should be clear, however, that
 the Foundation is disinclined to engage in editorial intervention in the
 absence of a clear legal imperative.

 With regard to the Foundation's legal obligations, I expect my colleagues at
 the DOJ and elsewhere will contact me if they have a problem with Foundation
 policies or operations.


   

+1 Crystal clear. Nice to have it on the record from the person
who holds your present office.


Yours; as a faithful internet veteran,

Jussi-Ville Heiskanen



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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-18 Thread Anthony
On Mon, Jan 18, 2010 at 6:48 PM, Andrew Garrett agarr...@wikimedia.orgwrote:

 (hint: a 16-year-old masturbating is
 not real child pornography, and is in fact legal, though explicit,
 in New South Wales, Australia).


Last I checked the WMF falls under US law, so you might want to read
http://www.law.cornell.edu/uscode/18/usc_sec_18_2256000-.html and
reconsider that comment.
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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-17 Thread private musings
Here's another concerning aspect of management of explicit media on WMF;
It's been asserted that images of a 16 year old girl masturbating have been
uploaded to commons;
http://en.wikipedia.org/w/index.php?title=Wikipedia:Administrators%27_noticeboard/Incidentsoldid=338426080#User:Misty_Willows_problematic_images
The image in question has been deleted from commons;
http://commons.wikimedia.org/w/index.php?title=File:Closeup_of_female_masturbation_pastel.jpgaction=editredlink=1
..and I think it's also been oversighted. Lar, a commons oversighter, muses
over on wikipedia review whether or not continuing to fight fires caused by
systemic problems is the right thing to do;
http://wikipediareview.com/index.php?s=showtopic=28221view=findpostp=216072
The general issue is of course important, but I hope in the short term, that
the image in question can be properly deleted - restricting it to
oversighters only remains, in my view, likely to be illegal - it really
would be best for that image to be removed by a dev.
Maybe this is underway as I type? Hope so!
best,
Peter,
PM.
On Fri, Jan 15, 2010 at 7:43 AM, Nathan nawr...@gmail.com wrote:

 On Thu, Jan 14, 2010 at 3:01 PM, Thomas Dalton thomas.dal...@gmail.com
 wrote:
  2010/1/14 Nathan nawr...@gmail.com:
  To avoid the very real chance that the subjects of explicit photos are
  underage or have not given publishing consent, I would like to see
  Commons require proof of model release, and age verification, for
  explicit images.
 
  And how exactly would they do that? Upload a picture of the model
  holding their passport and a sign saying I consent to pictures of me
  naked to be used for any purpose in a few dozen languages? That
  doesn't sound practical to me...
 

 I don't see that it is that unpractical. The language barrier is the
 most significant problem, but model releases are routine for
 professional photographers. It may be more difficult for amateur
 uploaders, but this only applies to sexually explicit photographs and
 the standard of attention to the rights of subjects may be more
 important than the convenience of amateur photographers in this area.

 Nathan

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-17 Thread Nikola Smolenski
Дана Sunday 17 January 2010 22:13:28 private musings написа:
 Here's another concerning aspect of management of explicit media on WMF;
 It's been asserted that images of a 16 year old girl masturbating have been
 uploaded to commons;
 http://en.wikipedia.org/w/index.php?title=Wikipedia:Administrators%27_notic
eboard/Incidentsoldid=338426080#User:Misty_Willows_problematic_images The
 image in question has been deleted from commons;
 http://commons.wikimedia.org/w/index.php?title=File:Closeup_of_female_mastu
rbation_pastel.jpgaction=editredlink=1 ..and I think it's also been
 oversighted. Lar, a commons oversighter, muses over on wikipedia review
 whether or not continuing to fight fires caused by systemic problems is the
 right thing to do;
 http://wikipediareview.com/index.php?s=showtopic=28221view=findpostp=216
072 The general issue is of course important, but I hope in the short term,
 that the image in question can be properly deleted - restricting it to
 oversighters only remains, in my view, likely to be illegal - it really
 would be best for that image to be removed by a dev.
 Maybe this is underway as I type? Hope so!

This is an interesting case, but I don't see what it has to do with policies 
on explicit images on WMF projects. Even if the policies would be changed to 
be the strictest possible (for example, no explicit images allowed at all), 
the exact same thing could happen.

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-17 Thread private musings
I'm more raising the issue that what could be child pornography remains
available to wmf volunteers with 'oversight' op.s on commons - I don't think
the foundation should facilitate that, and I hope a decent enough system can
be quickly implemented (it's also quite possible that there is in fact a
system in place, but it's unknown to me!) for the depressingly inevitable
'next time'
I'd probably go a step further and say that sub-optimal / insufficient
systems for dealing with predictable problems indicate a general lack of
responsible governance in this area (ie. I'm sadly not surprised that this
issue occurs in this way) - but mileage inevitably varies...
I'm hopeful of hearing of a strong resolution to this one imminently.

On Mon, Jan 18, 2010 at 10:20 AM, Nikola Smolenski smole...@eunet.rswrote:

 Дана Sunday 17 January 2010 22:13:28 private musings написа:
  Here's another concerning aspect of management of explicit media on WMF;
  It's been asserted that images of a 16 year old girl masturbating have
 been
  uploaded to commons;
 
 http://en.wikipedia.org/w/index.php?title=Wikipedia:Administrators%27_notic
 eboard/Incidentsoldid=338426080#User:Misty_Willows_problematic_images The
  image in question has been deleted from commons;
 
 http://commons.wikimedia.org/w/index.php?title=File:Closeup_of_female_mastu
 rbation_pastel.jpgaction=editredlink=1 ..and I think it's also been
  oversighted. Lar, a commons oversighter, muses over on wikipedia review
  whether or not continuing to fight fires caused by systemic problems is
 the
  right thing to do;
 
 http://wikipediareview.com/index.php?s=showtopic=28221view=findpostp=216
 072 The general issue is of course important, but I hope in the short
 term,
  that the image in question can be properly deleted - restricting it to
  oversighters only remains, in my view, likely to be illegal - it really
  would be best for that image to be removed by a dev.
  Maybe this is underway as I type? Hope so!

 This is an interesting case, but I don't see what it has to do with
 policies
 on explicit images on WMF projects. Even if the policies would be changed
 to
 be the strictest possible (for example, no explicit images allowed at all),
 the exact same thing could happen.

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-17 Thread John Vandenberg
iirc, there is already a mediawiki capability for images to be
completely removed from the servers.

I can't see this capability in the sysop tools, so maybe I only imagined it.

Is that capability still available?  Which users have access to it?

If it is part of the software, I think oversighters should have access to it.

--
John Vandenberg

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-17 Thread K. Peachey
On Mon, Jan 18, 2010 at 11:39 AM, John Vandenberg jay...@gmail.com wrote:
 iirc, there is already a mediawiki capability for images to be
 completely removed from the servers.

 I can't see this capability in the sysop tools, so maybe I only imagined it.

 Is that capability still available?  Which users have access to it?

 If it is part of the software, I think oversighters should have access to it.

 --
 John Vandenberg
That was rewritten ages ago to allow the files to be kept and
undeleted and need be (so in theory they are now only removed from
accessible part of the software, not the file system), they would need
to be kept and not destroyed if they were brought you in
court/criminal proceedings because they would become evidence.

-Peachey

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-14 Thread David Gerard
2010/1/14 David Goodman dgoodma...@gmail.com:

 As for the link, showing these in greatly enlarged  versions, without
 the context of the articles in which they are used, is setting up a
 strong bias. We've never engaged in that use of the material, nor
 would we. If people want to take our material out of our encyclopedic
 content and turn it into sexually-focused presentations, that is their
 look-out.


Indeed. The video basically comes across as a threat to try to drum up
a moral panic against Wikimedia.


- d.

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-14 Thread Robert Rohde
On Wed, Jan 13, 2010 at 8:59 PM, David Goodman dgoodma...@gmail.com wrote:
snip

 As for the link, showing these in greatly enlarged  versions, without
 the context of the articles in which they are used, is setting up a
 strong bias. We've never engaged in that use of the material, nor
 would we. If people want to take our material out of our encyclopedic
 content and turn it into sexually-focused presentations, that is their
 look-out.

What if they aren't used in an encyclopedic context?

PM says he highlighted 17 images [1].

Assuming Commons Global File Links is accurate then these images
appear on 27 content pages in Wikipedias and Wikibooks (not counting
User and Talk pages, etc.).  However, two of the images account for 16
of the uses, and 10 of the 17 images are not used on any project at
all.  This is of course a largely anecdotal sample (and there is no
reason to assume that PM's set is random), but my personal impression
has been similar.  It seems to like we have seen a rise in unused
sexual imagery being stored at Commons.

I'll happily defend the usefulness of sexual imagery in many of the
places where it is used, but there are downsides to allowing such
collections grow far beyond the applications we have for them.

-Robert Rohde

[1] 
http://en.wikipedia.org/wiki/User:Privatemusings/ImagesUsedInVideoPresentation

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-14 Thread Nikola Smolenski
Дана Thursday 14 January 2010 05:59:39 David Goodman написа:
 As for the link, showing these in greatly enlarged  versions, without
 the context of the articles in which they are used, is setting up a
 strong bias. We've never engaged in that use of the material, nor

http://wikistics.falsikon.de/2009/wikimedia/commons/

 On Wed, Jan 13, 2010 at 1:05 AM, private musings thepmacco...@gmail.com 
wrote:
  G'day all,
  I continue to have concerns related to the growing number of explicit
  images on WMF projects (largely commons) - but rather than banging on
  with dull mailing list posts which gaurantee a chorus of groans, I'm
  trying to be a bit less dull, and have made a short video presentation.
  It's my intention to work on this with a few like minded wiki volunteers,
  and probably then make a sort of alternate version for youtube etc. to
  see what the general feeling is out there what I'd really like is for
  the foundation to acknowledge that this is an issue where some regulation
  may be necessary (or indeed, where the discussion of potential benefits
  of some regulation is even conceivable) - I hope the board, or the
  advisory board, might also be interested in offering some thoughts /
  recommendations too. I've used a selection of explicit images from
  Commons, so please only click through if you're over the age of majority;
  http://en.wikipedia.org/wiki/User:Privatemusings/WikiPr0n
  ps. I'm also particularly interested if anyone can point me to where
  'section 2257' (record keeping) issues may have previously been discussed
  - is it the current foundation position that section 230 acts as an
  exemption to these requirements?

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-14 Thread Mike.lifeguard
-BEGIN PGP SIGNED MESSAGE-
Hash: SHA1

On 37-01--10 03:59 PM, David Gerard wrote:
 2010/1/14 David Goodman dgoodma...@gmail.com:
 
 As for the link, showing these in greatly enlarged  versions, without
 the context of the articles in which they are used, is setting up a
 strong bias. We've never engaged in that use of the material, nor
 would we. If people want to take our material out of our encyclopedic
 content and turn it into sexually-focused presentations, that is their
 look-out.
 
 
 Indeed. The video basically comes across as a threat to try to drum up
 a moral panic against Wikimedia.
 
 
 - d.
 
 

That's because it is exactly that.

- -Mike
-BEGIN PGP SIGNATURE-
Version: GnuPG v1.4.9 (GNU/Linux)

iEYEARECAAYFAktPXm0ACgkQst0AR/DaKHuicwCg2x0Dcpv1nB8lh98NQx0RJEiM
OPkAoKmotRssidFp74KIJuqCgwLdPFek
=SB6G
-END PGP SIGNATURE-

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-14 Thread Marcus Buck
Explicit images don't need to be used in an encyclopedic context 
(Wikimedia is more than just an encyclopedia). They just have to be 
_potentially_ useful in any Wikimedia project context (that's the 
narrow, utilitaristic view on Commons) or in any possible educative 
context (that's the more broad view on Commons, that views Commons as a 
project on it's own instead of a auxiliary project). For almost any 
picture it's possible to construct some example cases where the image 
could serve a demonstrational purpose even if the quality is low and 
similar images are available abundantly on Commons. We have lot's of low 
quality penis self-shoots? Lot's of material to illustrate the bad 
examples section of the Wikibooks guide How to Present Yourself 
Favorably in Adult Forum Profiles!

So we shouldn't think about the question How can we reduce the amount 
of material. From the previous e-mails by private musings I got the 
impression that he is mainly concerned about the fact that there is no 
way to control the display of explicit images on a personal level. Even 
if somebody accepts that others want to see the images and if he just 
wants to have a method to get rid of them for him personally, there is 
no way to achieve this except for don't click on Wikimedia links or at 
least think twice whether it could contain explicit images. And I am 
with private musings on this. I for myself have no interest to exclude 
explicit images, but it means improved freedom for others if we 
provide a method to allow excluding explicit content. A template at 
Commons like {{explicit content|oral intercourse|penis|breasts}} 
stating the explicit contents visible in the image would be an easy 
starting point. Let the template add some invisible HTML divs, provide 
some Javascript to evaluate the divs and make it a gadget. Then 
everybody will be able to exclude the personally unwanted content. If a 
school wants to exclude explicit images, they switch on the gadget by 
default. It's at least better than having Wikipedia blocked cause the 
content cannot be controlled. That way moral panics would be 
impossible cause anything immoral can be controlled.

One other thing that as a side effect could reduce the amount of 
explicit material is to introduce a more professional release procedure. 
If we'd require proper USC 2257 releases for explicit content, that 
would improve our legal position and it would automatically lead to less 
anonymous low quality uploads. That's something I would support.

Marcus Buck
User:Slomox

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-14 Thread Thomas Dalton
2010/1/13 private musings thepmacco...@gmail.com:
 G'day all,
 I continue to have concerns related to the growing number of explicit images
 on WMF projects (largely commons) - but rather than banging on with dull
 mailing list posts which gaurantee a chorus of groans, I'm trying to be a
 bit less dull, and have made a short video presentation.
 It's my intention to work on this with a few like minded wiki volunteers,
 and probably then make a sort of alternate version for youtube etc. to see
 what the general feeling is out there what I'd really like is for the
 foundation to acknowledge that this is an issue where some regulation may be
 necessary (or indeed, where the discussion of potential benefits of some
 regulation is even conceivable) - I hope the board, or the advisory board,
 might also be interested in offering some thoughts / recommendations too.
 I've used a selection of explicit images from Commons, so please only click
 through if you're over the age of majority;
 http://en.wikipedia.org/wiki/User:Privatemusings/WikiPr0n
 ps. I'm also particularly interested if anyone can point me to where
 'section 2257' (record keeping) issues may have previously been discussed -
 is it the current foundation position that section 230 acts as an exemption
 to these requirements?

Come on, even *I* would have given up on this argument by now...
you're not going to win... If you think there are legal concerns,
email Mike Godwin.

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-14 Thread Nathan
On Thu, Jan 14, 2010 at 1:24 PM, Thomas Dalton thomas.dal...@gmail.com wrote:
 2010/1/13 private musings thepmacco...@gmail.com:
 G'day all,
 I continue to have concerns related to the growing number of explicit images
 on WMF projects (largely commons) - but rather than banging on with dull
 mailing list posts which gaurantee a chorus of groans, I'm trying to be a
 bit less dull, and have made a short video presentation.
 It's my intention to work on this with a few like minded wiki volunteers,
 and probably then make a sort of alternate version for youtube etc. to see
 what the general feeling is out there what I'd really like is for the
 foundation to acknowledge that this is an issue where some regulation may be
 necessary (or indeed, where the discussion of potential benefits of some
 regulation is even conceivable) - I hope the board, or the advisory board,
 might also be interested in offering some thoughts / recommendations too.
 I've used a selection of explicit images from Commons, so please only click
 through if you're over the age of majority;
 http://en.wikipedia.org/wiki/User:Privatemusings/WikiPr0n
 ps. I'm also particularly interested if anyone can point me to where
 'section 2257' (record keeping) issues may have previously been discussed -
 is it the current foundation position that section 230 acts as an exemption
 to these requirements?

 Come on, even *I* would have given up on this argument by now...
 you're not going to win... If you think there are legal concerns,
 email Mike Godwin.



Part of the problem is that people who think they understand the whole
of the argument being made actually don't. Arguments against
censorship address only a part of the concerns Privatemusings and
others, including myself, have expressed. PM's comment above referring
to Section 2257 alludes to much of the rest of the concerns -
specifically, the rights of the individuals featured in the
photographs themselves. There are ~25,000 images in the Commons
category of potential personality rights problems, but the Commons
policy (COM:PEOPLE) essentially leaves it to the ethical discretion
(and nose for appropriate sounding file names) of the uploader to
manage rights issues.

Attempts to address this problem are sporadic - an example is a group
of over a hundred images from a Dutch photographer with a checkered
past, whose work has been largely removed from Flickr (from where it
was imported to Commons). After quite a lot of debate and delay, many
of these images were deleted on Commons in 2008 - but since then, many
new ones have been uploaded.

To avoid the very real chance that the subjects of explicit photos are
underage or have not given publishing consent, I would like to see
Commons require proof of model release, and age verification, for
explicit images.

Nathan

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-14 Thread Thomas Dalton
2010/1/14 Nathan nawr...@gmail.com:
 To avoid the very real chance that the subjects of explicit photos are
 underage or have not given publishing consent, I would like to see
 Commons require proof of model release, and age verification, for
 explicit images.

And how exactly would they do that? Upload a picture of the model
holding their passport and a sign saying I consent to pictures of me
naked to be used for any purpose in a few dozen languages? That
doesn't sound practical to me...

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-14 Thread Robert Rohde
On Thu, Jan 14, 2010 at 12:01 PM, Thomas Dalton thomas.dal...@gmail.com wrote:
 2010/1/14 Nathan nawr...@gmail.com:
 To avoid the very real chance that the subjects of explicit photos are
 underage or have not given publishing consent, I would like to see
 Commons require proof of model release, and age verification, for
 explicit images.

 And how exactly would they do that? Upload a picture of the model
 holding their passport and a sign saying I consent to pictures of me
 naked to be used for any purpose in a few dozen languages? That
 doesn't sound practical to me...

I don't think having specific material documentation is necessarily as
important as asking the questions and getting an identifiable person
on the other end to assert that these issues have been considered
responsibly.  We accept copyright releases into OTRS that are little
more than written assurances that everything is okay, and I don't see
why we couldn't ask for the same thing here.  And, in the unfortunate
event that things aren't okay, we would be able to point a specific
individual who misled us rather than simply saying that we closed our
eyes and didn't care.

-Robert Rohde

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-14 Thread Nathan
On Thu, Jan 14, 2010 at 3:01 PM, Thomas Dalton thomas.dal...@gmail.com wrote:
 2010/1/14 Nathan nawr...@gmail.com:
 To avoid the very real chance that the subjects of explicit photos are
 underage or have not given publishing consent, I would like to see
 Commons require proof of model release, and age verification, for
 explicit images.

 And how exactly would they do that? Upload a picture of the model
 holding their passport and a sign saying I consent to pictures of me
 naked to be used for any purpose in a few dozen languages? That
 doesn't sound practical to me...


I don't see that it is that unpractical. The language barrier is the
most significant problem, but model releases are routine for
professional photographers. It may be more difficult for amateur
uploaders, but this only applies to sexually explicit photographs and
the standard of attention to the rights of subjects may be more
important than the convenience of amateur photographers in this area.

Nathan

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Re: [Foundation-l] video presentation on explicit images on WMF projects

2010-01-13 Thread David Goodman
Were we to ever become unable to host these images in the US, we
should considering moving to some country where it would be possible.
That's how strongly we ought to feel about the principle.

As for the link, showing these in greatly enlarged  versions, without
the context of the articles in which they are used, is setting up a
strong bias. We've never engaged in that use of the material, nor
would we. If people want to take our material out of our encyclopedic
content and turn it into sexually-focused presentations, that is their
look-out.

David Goodman, Ph.D, M.L.S.
http://en.wikipedia.org/wiki/User_talk:DGG



On Wed, Jan 13, 2010 at 1:05 AM, private musings thepmacco...@gmail.com wrote:
 G'day all,
 I continue to have concerns related to the growing number of explicit images
 on WMF projects (largely commons) - but rather than banging on with dull
 mailing list posts which gaurantee a chorus of groans, I'm trying to be a
 bit less dull, and have made a short video presentation.
 It's my intention to work on this with a few like minded wiki volunteers,
 and probably then make a sort of alternate version for youtube etc. to see
 what the general feeling is out there what I'd really like is for the
 foundation to acknowledge that this is an issue where some regulation may be
 necessary (or indeed, where the discussion of potential benefits of some
 regulation is even conceivable) - I hope the board, or the advisory board,
 might also be interested in offering some thoughts / recommendations too.
 I've used a selection of explicit images from Commons, so please only click
 through if you're over the age of majority;
 http://en.wikipedia.org/wiki/User:Privatemusings/WikiPr0n
 ps. I'm also particularly interested if anyone can point me to where
 'section 2257' (record keeping) issues may have previously been discussed -
 is it the current foundation position that section 230 acts as an exemption
 to these requirements?
 best,
 Peter,
 PM.
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