Why the cyber-bullying bill is a lie

I’ve been slacking off on the blog this year, gang. Ever since December of last year, I’ve been meaning to blog my thoughts about Bill C-13, which the Canadian government has dubbed the “Cyber-bullying Bill”.

Chances are if you follow this blog, you know that I care a lot about the issue of revenge porn (i.e. sharing intimate images of somebody without their consent). Late last year, after an opposition MP introduced a private members bill to prohibit revenge porn, our Conservative government introduced their own. It is very likely this legislation will pass.

Since I’ve been arguing for a year that we need criminal legislation to address this issue, you’d think I would be happy about this development. I am not. Find out why by watching this episode of CANADALAND with Jesse Brown, in which I lay out the issues with the so-called “Cyber-bullying Bill,” Bill C-13. SPOILER ALERT: they should really be calling it the Surveillance Bill.

Taking the Rape out of Culture

On Thursday, May 23 2013, I hosted an event at Academy of the Impossible called “Taking the Rape out of Culture”. It was an open group brainstorm (with some breakout discussions as well) to map the component parts of rape culture – what does it look like in practice? What are the sub-concepts (or as I dubbed them, “subgenres”) under the big umbrella of rape culture?

I was thrilled at the quality of discussion and the diverse range of participants we had. Participants included: people who work in violence prevention, anti-racism organizers, parents, journalists, new Canadians, trans* participants, volunteers at crisis centres. We came at the topic from a variety of perspectives and we really dove into the subject matter.

One of these days I’m going to have to get a WordPress plugin that allows me to embed a Storify, but today is not that day. I do urge you to read my Storify of tweets from the evening, which captures some of the ground we covered and provides detail on many of the “subgenres” of rape culture we discussed. We’ll likely be holding another session in the future to discuss methods of intervening and challenging the many component parts of rape culture, so stay tuned.

How we can stop revenge porn

Today I hosted an event at Academy of the Impossible to discuss how to wipe the heinous phenomenon of “revenge porn” off the face of this green earth. Revenge porn is the colloquial term for when people share nude or sexually explicit photos/video of another person without their consent. I’ve written about revenge porn here, here, here, and here. I encourage you to check out my Storify of our amazing discussion at today’s event.

The event generated a few ideas that are worth exploring, and fast. Why fast? Nova Scotia has assembled a Cybercrime Working Group to put together legislative options by June, for projected implementation in fall 2013. The Nova Scotia Justice Minister wants to implement legislation that could “make circulating an intimate image for a malicious or sexual purpose a crime” or “create a new section of the Criminal Code for distributing intimate images without consent” (two very different outlines, IMHO). We want to have a say in how they put this together.

In terms of influencing legislation, we wanted to ensure consequences for youth offenders are rooted in education and development of healthier social norms regarding sex, consent and accountability. We discussed conducting a series of formal and informal discussions with youth. Discussions would focus on their views on/experiences with revenge porn, the social consequences currently meted out and their feelings about those, what kinds of formal consequences they think are appropriate and why, and what kinds of knowledge would help them navigate these situations. The results of these discussions can be consolidated into a whitepaper and could be shared with the media (with confidentiality of participants protected, of course).

In terms of public education, we want to ensure the Ontario curriculum has opportunities built in for students to explore sexuality in a positive way through the lenses of consent, social media, and the law. If these opportunities don’t currently exist (or are not being implemented in practice), we want to form a coalition of organizations advocating for change.

In terms of public awareness, we want to further discuss the possibility of an ad campaign (e.g. posters, videos, etc.) focused on sharing explicit images without consent. This campaign may be in the spirit of the “Don’t be that guy” campaign to combat sexual violence. The next step for such a thing could be a one-hour brainstorming session wherein we free-associate words and ideas connected to the word “consent.” We’ll also be exploring potential media partners/sponsors.

Wanna get involved in any of that? Head over to “Contact” and get in touch so I can put you on the circulation list for updates and collaborative docs!

I hope revenge porn survivors get their revenge

A group of at least 23 women in the United States has filed a class-action lawsuit for invasion of privacy and causing mental anguish against revenge porn site Texxxan and its hosting service, GoDaddy (like you needed another reason to hate GoDaddy).

Revenge porn is a vile category of online content wherein a person posts nude photos or videos of another person without their consent (usually a woman, often an ex-lover). A cursory Google search will yield pages of sites hosting such content. Many of these sites include the women’s names, contact information and links to their social media profiles. Some of them include maps to the women’s homes.

As we all know, there is no shortage on the Internet of sexually explicit photos or video of consenting women. Porn (with consenting parties) is probably the Internet’s most popular application. The knowledge that women on revenge porn sites have not consented to the photo or video’s distribution is precisely what makes these sites titillating for their fans. One advocacy group, End Revenge Porn, likens it to “cyber-rape”.

Revenge porn perpetuates a culture that sees women’s bodies as public property, regardless of whether or not they have consented. Revenge porn ruins lives. Revenge porn, and a culture that sees it as invariably the woman’s fault, might have been what killed British Columbia teenager Amanda Todd.

Courts in Quebec and Australia have ruled in favour of the survivor in revenge porn lawsuits, awarding damages of $40,000 to the survivor in both cases. Unfortunately one US statute, Section 230 of the Communications Decency Act, appears to leave American survivors of revenge porn without much recourse. This section protects websites from legal responsibility for any content submitted by users.

John S. Morgan, the lawyer representing the Texxxan lawsuit’s lead plaintiff Hollie Toups, plans to argue that sites which advertise an illegal purpose for collecting user-generated content are not protected under Section 230. He may have precedent. In 2003, California district court ruled that website Roommates.com was not protected under Section 230 for their publication of a discriminatory roommate-finding questionnaire. Their reason? The questionnaire specifically induced site users to express roommate preferences that were illegal.

Revenge porn is yet another example of the legal system struggling to adapt to how much of our communication, transactions, and lives play out on the Internet. I’ll be following this case, and I hope you do too.