Following the other thread and an earlier PM from Spaghetto, I decided this might merit a full thread. The relevant parts of those conversations for this thread are as follows:
Spaghetto wrote in the previous thread:
this website completely and entirely lacks any sort of coherent or readily accessible guidelines for user conduct in comments or on the forums, with the provided "Rules and Guidelines" being solely focused on media submission. Really, this glaring issue underpins practically every problem involving mods and moderation on this site: there's no rules for users to abide by, so every decision is arbitrary, and that makes nobody happy. This is a problem going extremely far back, potentially to the very beginning of the site; even out of the most infamous users in the site's history, the few who got banned for anything "on the books" violated the content policies.
You don't need a lot of rules, in fact, I'd argue it's best to keep your amount of rules small. But if you're going to have any at all, it's in everybody's best interest for them to be public information.
Spaghetto wrote via PM:
-having some clearly-defined rules for what is and isn't acceptable in comments and on the forums would help everybody, though if they're too strict they would certainly be extremely unpopular… … this site needs some actual rules for behavior outside of content, so users know how to behave and moderator actions feel less arbitrary.
While I don't agree with the overall characterization, the main points I agree are accurate. The last massive update to the rules was close to a decade ago, back when the biggest conflict was over media uploads. Importantly as well, when it comes to images, it is easier to be comparatively objective. There still is some fuzziness, but you can generally point to one specific thing in the image and pull up the rules and match it exactly if it breaks them. Importantly as well, it is often easier to separate an uploaded image from the uploader. While some in the past have taken personal offense at an image being taken down, most are willing to accept the image broke rules. It only becomes a problem if the image starts to break other rules (hardcore gore/porn, doxxing, etc.) or if the user continues to post rule breaking images.
For lack of a better comparison, site rules are somewhat analogous to the U.S. Constitution. There is literally "exactly what it says" focused on the big picture and intent, and there is the history of how it has been interpreted. I think that this second part is more what Spaghetto is getting at.
To quote my PM response to Spaghetto in Pms
Trying to get the rules in "an ideal state" is a balance, though I agree it isn't perfect. Being too explicit on what is and isn't allowed exponentially increases rule length, which already receives complaints. Second, many people take the letter of the law to openly flaunt its intent. Honestly speaking, a lot of those wojak spammers in the past were banned more because of "creative interpretations" of the existing rules than a really "clear" rule violation. Indeed, some of the most notable popular to hate user's in KYM's history (Eypc Wynn, Eunice, Poochyena, [the original, not the porn impersonators obviously] Jalford, Lover of Truth, even Lez Huarez) rarely actually broke rules, and while Jalford just deactivated, and Pooch did something that he knew would probably get him banned, a lot of the others we banned for way less solid reasons. I don't think anyone except for they themselves want them to come back of course. But "just being a community annoyance despite doing nothing else wrong" is not a rule that we can clearly justify having (and indeed, this was what Eypc's original ban message [esentially] read and Don explicitly said that he never wanted anyone ever banned for this reason ever again."
"Recently, Don has suggested that is a user is just in general, clearly just being "an a-hole" and has shown no intention of changing, this can be grounds for a ban. Which, while it sounds great in theory… leaves a lot to be desired in terms of what that actually objectively means, and yeah, kinda sounds like the things he said we couldn't ban Eypc for back in the day."
"…not everyone will agree with [an] assessment, and indeed, this disagreement hold[s] with the mods as well. We don't always agree. There is also the issue that a lot of times, we try to interact to either dissuade or verify and then sort of have to question if what we did caused them to behave out of line or be perceived that way. Sometimes other moderators agree, sometimes it just gets buried among other conversations and nothing actually ends up happening."
As with the US constitution, there is disagreement as to how the rules as written should be interpreted. Here, there is the benefit of having one of the people who drafted it and closely interacted with other who worked on it willing to go into depth as to what the intent is. But this relies on me actually being here and doing things. And given that the amount of time and effort I'm putting into these responses is starting to approach those of actual legal opinions without the associated legal fees to pay bills… I really can't justify doing this in every situation.
I do think most people want there to be some mod leeway or discretion. There are a lot of cases where something breaks rules, but not bad enough to mark on the user's record. Sometimes a rule breaking comment is in the context of everyone acting poorly, or a user did or said something and did not understand how it came across. We can go through someone's site history and tell if their behavior is generally constructive or antagonistic and reduce or increase the severity of punishment. Other times… the optics of actually enforcing rules as they are written are only going worse user/mod relations and only escalate the situation when everyone would agree they want it resolved, such as the UI change situation. Users were commenting in trending every entry about this. This rather clearly violates the "keep it relevant" rule. But any warnings over that were going to come across as mods being in favor of the UI change [to be clear: we were not] and opposition would lead to banning. Instead, I felt making a dedicated thread would be much more appropriate. In this case, between the action that the rules said we should take, and the actual action taken, I feel confident that everyone would agree with this decision. But that one is easy. Other cases where it's a user that everyone hates but they actually want to do good and haven't broken rules (vit, Poochyena, arguably Eypc Wynn early on). What if someone says something that is highly upvoted but clearly breaks rules but it is not the focus of the comment? I can say "judged on a case-by-case basis" but that is really going to depend on who sees the "case" and isn't a clear objective answer, which was rather the point that Spaghetto is focusing on.
Part of me is slightly annoyed with Spaghetto's suggestions. Back before I was a mod, I knew very clearly and specifically what changes I would make Spagetto's criticisms are valid, but in terms of how to tangibly fix things, there isn't a lot that is terribly specific, especially " it's best to keep your amount of rules small".
But… then I got to thinking that this was not a great mindset to have. Non-mods generally do not have the same experiences on the site as mods do. Spaghetto's suggestions are giving a general direction that the rules should be improved which, given the vote totals, many people appear to agree with. And in theory, I and most of the mods are not opposed to it.
But then comes the actual "putting it into practice part". First, there are the actual rules themselves. What the mods and the highest contributors to the website (the most valuable registered users on the website from Don's perspective) will likely have very different ideas on what should and should not be against rules if put to a poll, even if we could confidently say that all votes are from one real person.
The second is… length. You have to understand, and if you can ask RandomMan he'll back me up on this, I initially started KYM rules discussions when I first became a mod with an approximately ten page document I expected the other mods to somehow read. RandomMan lovingly told me essentially no one was going to read that.
Outside of making the rules themselves a full nearly legal document, the only thing I can think of is to add on top of the existing general rules, and the NSFW guidelines, and the Image Gallery guidelines, and the Media Metadata guidelines, is to essentially make an additional set of guidelines that are several small essays worth of breakdown of the existing basic "Keep it relevant" and the "Behave/Be Friendly" rules or arguably Misspelled Tiger's "2 rules". These would be, well, guidelines, and moderators would be given the discretion of context, the user's site history, if this was repeated behavior or a one-off, and… we've already failed the point about making things less arbitrary on top of failing to keep them brief.