The Kiwi Farms case and the lethargy of justice
The Kiwi Farms case and the service loss with Cloudflare, aside from the nasty connotations that leads to, offers some interesting opportunities for analysis.
Lets begin with the context: what is
Kiwi Farms? Simply put, an ultraconservative american online forum created to persecute and harass public figures, generally from the LGBTIQ+ scope, in which the users don't limit themselves to making jokes, saying barbarities or defaming, but instead regularly escalating their actions to sharing personal information such as adresses, etc. from some of their victims (
doxxing), or filing false complaints of violent actions to provoke emergency missions from special police units (
swatting). Some research links the exerted pressure by this forum with
at least three suicides from victims that experienced their persecution.
As any controversial webpage exposed to the actions of those who oppose it, Kiwi Farms used to be forced to hire DDOS mitigation services from
Cloudflare, without which there simply would be no way to keep the website active. Cloudflares stance in this sense is well known: although they have the power of omission - by simply stopping to lend their services - of censoring practically immediately any webpage, its cofounder and CEO,
Matthew Prince, rejects partaking in such decision making even if that makes him face pressure from those who demand the closure of certain websites, and tries to establish that decision should never be his, but instead of justice.
So he
said in
previous cases such as the neonazi pamphlet
The Daily Stormer or the
8chan forum, in which it was made clear that "nobody should have the power to wake up in a bad mood one day and decide the presence of someone shouldn't be allowed on the internet", as repugnant or nasty that presence may be.
What is the difference with the Kiwi Farms case? Will Cloudflares history be a constant retaliation of presumably justified exceptions? In this case,
according to the company in their website, this is about the imminent security problem for people: the website, after its "jump to fame" that has meant the elevated visibility of its actions, was escalating its attacks y putting in danger other potential victims. Therefore, and
in view of the increasing social pressure, Cloudflare was obligated to consider Kiwi Farms the
most dangerous customer in its history, and when taking the decision of ending its service without waiting for a judicial order, that requires a careful and potentially long reflection about freedom of expression and its limits thereof.
Where is the issue? Simply put, Cloudflare doesn't want to be submitted to the scrutiny and pressure of the public and having to trigger an internal reflection every time the shift imbecile arrives and creates a mess on the web. Its role is a technology provider that tries to mitigate the possible attacks a website may suffer, not a judge that lends or retracts permits. And logically, it demands that authorities play this role that is manifestly theirs, that of complying with the law and not relegating that responsibility to technology service providers. A role that, on top, has to be done quickly given that in many cases we can be talking about services that can mean damages to third parties if they aren't interrupted on time.
Do we want authorities capable of toppling down websites and in record time? Do we rather be guarantors and let authorities proceed with their necessary reflections and times? The answer is, without a doubt, complex. However, an interesting question emerges; why when we talk about, for example, an irregular download or streaming service being denounced by content providers, cases that only cause economic losses, justice tends to act swiftly, while when we talk about flagrant cases that put in danger the lives of people, justice decides to that its sweet time? Is Cloudflare right taking quicker action and implicating the authorities, despite the possible consequences that may have in the hands of what authorities? To the service of whom does justice often seem to be?