BLIZZARD
- Would you agree that communication is not limited to spoken or written words, and that non‑verbal systems—such as American Sign Language—are recognized forms of communication?
- In your professional understanding, is it possible for a parent or caregiver to use American Sign Language, or any other non‑verbal communication method, to belittle, taunt, or harass a child who understands that language?
- Given that non‑verbal communication can constitute harassment in interpersonal settings, would you agree that non‑verbal, non‑written communication occurring through your company’s products or services—for example, gestures, emotes, animations, or other symbolic interactions—could similarly be used to harass another user?
- And if such conduct occurred on your platform, would it fall within the scope of your company’s Terms of Service or End‑User License Agreement prohibitions on harassment or abusive behavior?
- If non‑verbal communication on your platform were used to harass or psychologically harm another user, would that potentially implicate state or federal laws governing harassment or abuse, in addition to violating company policy?
- What training does your company provide to employees or moderators to help them recognize, document, and respond to non‑verbal forms of harassment within your platform?
- Is that training designed to ensure compliance with your company’s policies as well as applicable state and federal laws?
I’m sure BLIZZARD doesn’t want to answer those questions publicly as it would set a precedent. Perhaps, a more Deposition oriented set?
-
“Please describe your understanding of what constitutes communication, including non‑verbal forms such as American Sign Language.”
-
“Is it your position that non‑verbal communication can convey meaning equivalent to spoken or written language?”
-
“Are you aware that non‑verbal communication, including ASL, can be used to belittle, taunt, or harass another person?”
-
“Would you agree that such conduct, if directed at a child by a parent, could meet recognized criteria for psychological or emotional abuse?”
-
“Your platform includes non‑verbal communication features such as gestures, emotes, animations, or symbolic interactions. Correct?”
-
“Is it possible for users to employ those features in a way that another user could reasonably experience as harassing or abusive?”
-
“Does your company classify non‑verbal harassment as a violation of its Terms of Service or EULA?”
-
“What policies or procedures does your company maintain to ensure compliance with state and federal laws regarding harassment, including non‑verbal harassment?”
-
“What training do employees or moderators receive to identify and respond to non‑verbal forms of abusive conduct?”
Heck we could even structure it as it would be in a court room:
- “Could you explain for the court how your company defines communication within its platform, including non‑verbal forms?”
- “In your experience, can non‑verbal communication—such as American Sign Language—be used in ways that are harmful or psychologically abusive?”
- “Would the same principle apply to non‑verbal interactions occurring through digital tools, such as gestures or emotes?”
- “How does your company address situations where non‑verbal communication is used to harass or intimidate another user?”
- “Does your company consider such conduct a violation of its Terms of Service?”
- “What training do your employees receive to help them recognize and respond to non‑verbal harassment on the platform?”
- “Is that training designed to ensure compliance with applicable state and federal laws?”
Or how about an aggressive Cross-Examination version:
-
“Communication includes non‑verbal systems like American Sign Language. Correct.”
-
“ASL conveys meaning just as clearly as spoken language. Yes.”
-
“A parent using ASL to belittle or taunt a child is still engaging in harassment. True.”
-
“And that conduct can meet accepted criteria for psychological abuse. Yes.”
-
“Your platform allows users to communicate through non‑verbal means — gestures, emotes, animations. Correct.”
-
“Those non‑verbal features can be used to harass another user. Yes.”
-
“And when that happens, it violates your company’s Terms of Service. Correct.”
-
“Harassment doesn’t stop being harassment just because it’s non‑verbal. Right.”
-
“So non‑verbal harassment on your platform could implicate state or federal harassment laws. Yes.”
-
“Your employees are expected to enforce your harassment policies. Correct.”
-
“But you do not provide them with specific training to identify non‑verbal harassment. Do you.”
-
“So your company recognizes that non‑verbal harassment exists, your platform enables it, your policies prohibit it, but your employees are not trained to detect it. That’s accurate.”
Lets not forget about how corporations try to hide behind their policies as a private entity and combat that:
-
“Your company recognizes American Sign Language as a legitimate form of communication in accessibility contexts. Correct.”
-
“And ASL is non‑verbal but fully linguistic. Yes.”
-
“So your company already acknowledges that communication does not require spoken or written words. True.”
-
“Your platform allows users to express meaning through gestures, emotes, animations, and symbolic actions. Correct.”
-
“Those features are intentionally designed to convey emotion, intent, and interpersonal signals. Yes.”
-
“And users can direct those signals toward specific individuals. Correct.”
-
“Your Terms of Service prohibit harassment in any form. Correct.”
-
“There is no clause limiting harassment to spoken or written words. True.”
-
“So harassment on your platform includes any conduct—verbal, written, or non‑verbal—that a reasonable user would experience as abusive. Yes.”
-
“Your company already monitors user behavior for violations such as hate speech, threats, and targeted harassment. Correct.”
-
“And your moderation systems—human or automated—review user actions, not just text. Yes.”
-
“So your company is capable of detecting patterns of conduct, including repeated non‑verbal actions directed at a specific user. Correct.”
-
“I’m not asking about hypotheticals. I’m asking whether non‑verbal actions can be used to harass another user. They can. Correct.”
-
“And when they are used that way, they fall under your harassment policy. Yes.”
-
“Your company is required to comply with state and federal laws prohibiting harassment. Correct.”
-
“Those laws do not exempt non‑verbal harassment. True.”
-
“So if non‑verbal harassment occurs on your platform, your company has a legal obligation to address it. Yes.”
-
“Your employees are responsible for enforcing your harassment policies. Correct.”
-
“But your training materials do not provide explicit instruction on identifying non‑verbal harassment. Do they.”
-
“So your company prohibits non‑verbal harassment, is legally obligated to address it, but does not train employees to recognize it. That’s accurate.