Day 8 Predictions

Should there be Due Process Online

Yes.

Due Process Defaults

There are at least two default possibilities for due process of takedowns on the internet: (1) Due process afforded before takedown (default on), and (2) take down immediately upon request and afford due process to restore the content (default off). Google will probably take the stance that (2), default off, is a more appropriate standard for internet due process. Since internet content can do a great deal of harm in a very short period of time, it makes sense to take it down immediately (after someone has complained that it might be harmful information) and create a process by which the uploaded can ask that it be restored. That way the damage of offensive content is mitigated, but could not be unilaterally censored. (also, this process probably does the best job of limiting the liability of companies like Google, YouTube, etc).

The counter argument to the above is that this cripples the generatively of the internet. If anyone can request that content be taken down which web companies must comply with, it would be possible for anyone to (at least temporarily) gag the production of new content. A better compromise might be to require that the requester make some showing of who they are and how they will be harmed (at something resembling a probable cause standard) before web companies must comply with such a complaint.