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EFF Takes On Online Harassment

Gamoid writes: The Electronic Frontier Foundation has identified online harassment as a major challenge facing free speech on the Internet, and lays out its plan to fix it. They say, "Online harassment is a digital rights issue. At its worst, it causes real and lasting harms to its targets, a fact that must be central to any discussion of harassment. Unfortunately, it's not easy to craft laws or policies that will address those harms without inviting government or corporate censorship and invasions of privacy—including the privacy and free speech of targets of harassment. ... Just because the law sometimes allows a person to be a jerk (or worse) doesn’t mean that others in the community are required to be silent or to just stand by and let people be harassed. We can and should stand up against harassment. Doing so is not censorship—it’s being part of the fight for an inclusive and speech-supporting Internet."

19 of 189 comments (clear)

  1. Define "harassment" by Iamthecheese · · Score: 5, Insightful

    The route from "this is harassment that should be censored" to "this is something we 'all' disagree with so it should be censored" is a very slippery slope and the internet is piled high with the bones of dead forums who fell down that path. What is harassment? I can't say, "I'm going to kill you" but can I say "I wish you were dead"? Can I say "I hope your dog dies"? "You are an idiot for these reasons"? Can I say "Go play in traffic"?

    There are various hug boxes on the internet where even vigorous disagreement backed with reason is seen as harassment. A more appropriate question than "should harassment be stopped" is "Who should be permitted to define harassment for a community"?

    --
    If video games influenced behavior the Pac Man generation would be eating pills and running away from their problems.
    1. Re:Define "harassment" by AmiMoJo · · Score: 2

      I'm afraid there is no set of logical rules you can apply, but the law is pretty clear and works well anyway. Harassment is a campaign of threats and abuse against someone. Not just a one-off comment that clearly isn't going to be followed though, but a sustained stream of abuse over a significant period of time.

      There is also the separate issue of making credible threats, which is also illegal. Again it is easy to understand and has nothing to do with freedom of speech. If someone screams "I'm going to kill you" over XBOX Live in the middle of a game, they are an idiot. If they are stood in front of you holding a knife, you can reasonably fear for your safety and they committed a crime. Posting your home address on Twitter with specific threats is, to be clear, a crime.

      --
      const int one = 65536; (Silvermoon, Texture.cs)
      SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  2. I moderate a small local community forum by circletimessquare · · Score: 5, Interesting

    And this is a real and serious problem.

    There is one local character with a personality disorder who carefully hides online and constantly, for years, weekly attacks and smears taunts and insults local people just going about their online and offline business.

    If it were fair and open criticism, so what.

    If it were a national site, so what.

    If they were attacking CEOs or politicians or bureaucrats... good!

    But for local communities it's a real problem when people with serious asocial problems use all of their efforts, for YEARS, on a weekly basis, to simply do their best to degrade any and all online and even offline interaction and assassinate people's character out of simple avarice. They have a serious problem, and they make us part of it.

    Such people always existed. There are people with profound social problems in this world who derive pleasure from hurting others in petty ways. But when you are talking about small communities, and easy carefully protected anonymity, and prolonged sustained effort fueled by a psychological disorder, you have a new phenomenon.

    Not even just for the local community. It's not healthy psychologically and socially for the sick person to indulge their bad behavior rather than get help.

    This article isn't my location, but here's a good write up from a few years back similar to what I and others in my small city have to deal with:

    http://www.nytimes.com/2011/09...

    And in Dee’s Place, people are not happy. A waitress, Pheobe Best, said that the site had provoked fights and caused divorces. The diner’s owner, Jim Deverell, called Topix a “cesspool of character assassination.” And hearing the conversation, Shane James, the cook, wandered out of the kitchen tense with anger.

    His wife, Jennifer, had been the target in a post titled “freak,” he said, which described the mother of two as, among other things, “a methed-out, doped-out whore with AIDS.” Not a word was true, Mr. and Ms. James said, but the consequences were real enough.

    Friends and relatives stopped speaking to them. Trips to the grocery store brought a crushing barrage of knowing glances. She wept constantly and even considered suicide. Now, the couple has resolved to move.

    “I’ll never come back to this town again,” Ms. James said in an interview at the diner. “I just want to get the hell away from here.”

    In rural America, where an older, poorer and more remote population has lagged the rest of the country in embracing the Internet, the growing use of social media is raising familiar concerns about bullying and privacy. But in small towns there are complications.

    The same Web sites created as places for candid talk about local news and politics are also hubs of unsubstantiated gossip, stirring widespread resentment in communities where ties run deep, memories run long and anonymity is something of a novel concept.

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
    1. Re:I moderate a small local community forum by Howitzer86 · · Score: 3, Interesting

      Interesting. I live in a medium sized city, and other than a subreddit on Reddit I don't really bother with community forums. But I have noticed the negative impact online chatter can have with my large family. Perhaps there's a perfect size for this sort of thing. Too small, and people are too closely tied. Too big, and people are too anonymous. But at just the right size, you know everyone just enough to snipe at them, and not enough to feel bad about it.

  3. Symptom, not cause by Sir_Substance · · Score: 5, Insightful

    Online harassment is a symptom of a larger problem.

    Time was you could deal with online harassment by clicking the block button. The ability for someone to follow you across forums and services was limited. Today, we insist that people use their real names, link their accounts and allow friend-of-friend connections on modern web services. We make them input their phone numbers, of all things.

    We say to people "if you don't like it, don't use it". But there is no good reason for people to insist on these functions. They insist on them only because people have always been singularly identifiable, and some people find it odd to operate in a space where that might not hold true.

    However, there is a good reason to insist we trash them: cyberbullying.

    It's far easier to to dox people if you can google their name and get dozens of results. Far easier to follow people if they're linking their facebook account to things, and you've got a clandestine link to their facebook account. Automatic stalking.

    Yet, when people like me suggest that this "publicity by default" concept is bad, and say that people should be allowed to delete accounts when they no longer need them, we are told "it's a post privacy world, deal with it" and "everything on the internet is pubic and permanent, deal with it".

    Maybe that's not a good paradigm?

    1. Re: Symptom, not cause by Sir_Substance · · Score: 3, Insightful

      You're joking, right?

      She now has to actively spend time counter-stalking her stalker. The stalker may well enjoy that even more, and now she has to structure her entire life, including things like where she works, what routes she drives, where she lives, which friends she visits and when she shops around current and past locations of her stalker.

      If she has more then one stalker, there may be no valid solution. Maybe she should just not buy toilet paper today, and wipe her arse with teatowels, because there's someone in range of every shopping center?

      Good news, new idea for an app, for 99c I'll make you an app that will warn you when your stalker is within 2km. Spend an extra $10, get the addon that makes your satnav choose roads that your stalker isn't on!

      What is wrong with you, that you could possibly think that's a better solution then not letting her be tracked in the first place?

      What does she even gain by allowing herself to be tracked? Why would anyone want this? Why not just, and I know this is radical, not track people?

      Fuck me.

  4. Re:There's a bigger challenge... by ShanghaiBill · · Score: 5, Insightful

    Are we to assume that because France is having trouble, the EFF should stop and we should just not bother?

    Of course not. But the EFF is treading on dangerous ground. Up to now they have mainly defended individuals against government attempts to censor or stifle speech. Now they are talking about going after individuals, for what some consider to be speaking freely. Many people that have supported the EFF in the past, may not be so supportive of this mission creep. Some of the harassment has been egregious, but that doesn't mean the EFF is the appropriate organization to "fix" the problem, or to even say what the "fix" should be.

  5. Offense or defense? by fyngyrz · · Score: 5, Insightful

    Say, for whatever reason, valid or not, you perceive me as annoying and contrary and generally pin-headed, and you undertake to call me truly despicable names in the most contemptuous and filthy manner imaginable. Every day. Until you expire. Are you harassing me? No. You aren't. It wouldn't even rise to the standard of mild annoyance. Why? Because I am immune to such rhetoric under all but the most trying circumstances, and even were you somehow to reach such a malodorous level of offense, you're still 100% within the bounds of acceptable speech in my book; I just have to cope with it (which would require just about zero effort, I assure you.)

    But the next person in line? They might break down into tears, wander off into the nearest bathtub, and slit their wrists if you simply called them a douchebag or implied they had too many pimples.

    Whose fault is this? What is our responsibility in the matter of such weak, unprepared, or broken personalities? Should we pad the very walls and take out all the tubs and razors and knives and muzzle each and every one of us to prevent poor Cluetard McDimwit from wrist slitting lest something rises to the level of offense in the dim, dysfunctional reaches of what passes for his mind?

    I've said it before, and I'll say it again:

    No one has the "right to not be offended." Being offended is subjective. It has everything to do with you as an individual, or as part of a collective, or a group, or a society, or a community; it varies due to your moral conditioning, your religious beliefs, your upbringing, your education; what offends one person or group (collective, society, community) may not offend another; and in the final analysis, it requires one person to attempt to read the mind of other persons they do not know in order to anticipate whether a specific action will cause offense in the mind of another. And no, codifying an action in law is not in any way sufficient... it is well established that not even lawyers can know the law well enough to anticipate what is legal, and what is not. Sane law relies on the basic idea that we try not to risk or cause harm to the bodies, finances and reputations of others without them consenting and being aware of the risks. Law that bans something based upon the idea that some individual or group simply finds the behavior objectionable is the very worst kind of law, utterly devoid of consideration or others, while absolutely permeated in self-indulgence.

    Prepare your kids, and yourself, for exposure to the opinions of others, and gird yourself appropriately lest there is (gasp) an encounter with differing opinion, surprising and/or not-to-your-taste behavior, or OMFG, someone intentionally being nasty, crude or stupid. Or all or the foregoing. It is not anyone else's job to do this for you or your children; and it is not anyone else's responsibility if your failure to do so causes unrest, or worse, in minds you failed to prepare. Including yours.

    In order to have freedoms, we must be educated well enough, and prepared well enough, to deal with them. If the fact that some cannot deal with them is sufficient to the cause to limit those freedoms, then eventually, they will erode away to nothing. Likely there will always be some personality on the borderline of collapsing at some provocation, imaginary or otherwise. Should we really attempt to tune our whole society to the lowest possible standard of discourse as a result?

    Think very carefully before you endorse force of any kind as a remedy for "offense." To borrow somewhat from Jefferson, if it does not pick my pocket, break my leg, or falsely portray my reputation in some measure likely to cause material or financial consequence... then no remedy is called for; no coercion of law appropriate; and no sympathy required.

    Having said that, the owner of any private venue has every right to set arbitrary limits on speech and behavior within the venue. You don't like it, leave. End of story. Such r

    --
    I've fallen off your lawn, and I can't get up.
    1. Re:Offense or defense? by drinkypoo · · Score: 2

      Whose fault is this? What is our responsibility in the matter of such weak, unprepared, or broken personalities?

      Your responsibility is to have positive intent. If you can't manage that, why should anyone give one shit about you? In that case, you're simply part of the problem, and no better.

      Think very carefully before you endorse force of any kind as a remedy for "offense."

      Harassment is not about offense. It's about behavior.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
    2. Re:Offense or defense? by fyngyrz · · Score: 2

      Say your brother was a soldier who was killed in the line of duty. At the funeral some people turn up to scream abuse at you and call him a murderer.

      Here in the US, soldiers fight to defend the constitution -- they swear an oath to do so -- and the constitution in turn forbids the federal and state governments from restricting speech:

      1st amendment: Congress shall make no law... abridging the freedom of speech (and the 14th amendment applies this to state legislatures as well.)

      I take that to mean that a fallen soldier's sacrifice for those principles would be devalued if my reaction to speech I disagreed with was to incite the government to use force to muzzle people of different opinions in any public venue.

      If one wants to hold a ceremony where no one can speak unless the host permits it, they need to do so on the host's own private property. Hosting a ceremony or speech in public, by its very nature, exposes it to everyone, not just people who are like-minded. Holding a public ceremony and then complaining when someone shows up who disagrees... I see that as attempting to claim an entitlement that should never exist in the first place.

      Or how about if he was gay and they stated chanting "faggot" over the words if[sic] the priest. Would you be okay with that?

      Again, if the funeral is public, they can say whatever they want. If it is on private property -- which is where my gay sister's funeral was held, by the way, in a very conservative small eastern Pennsylvania town -- then exercising control of the event is up to the owner of the property.

      Is there really no limit to what someone can say to you, in any possible context, that doesn't bother you?

      No, of course there are things people could say short of injury, financial and/or reputation damage that would bother me. Some of them don't even have anything to do with me.

      I just don't think that there's any principle important enough to justify government force and coercion in order to protect my sensibilities from someone who wants to say something that only reaches the level of bothersome or offensive to me.

      So the upshot is that should someone's speech bother or offend me, I need to deal with it myself. In such cases, I have options. I can silently manage the stress; I can undertake countering speech of my own; I can remove myself from the venue; and in the case where I own the venue (home, property, website, etc.), I can control the offensive speech directly.

      Is that clearer?

      --
      I've fallen off your lawn, and I can't get up.
  6. Privacy by fyngyrz · · Score: 2

    I came away with this definition: privacy is autotomy -- the right to conduct your affairs without unreasonable and uninvited interference.

    Ouch. Please read this.

    --
    I've fallen off your lawn, and I can't get up.
  7. Re:There's a bigger challenge... by OhPlz · · Score: 3, Interesting

    Anyone can say they feel threatened or harassed by anything. It's the same reason why the FCC never defined what obscene content would be, it's not possible.

  8. Re:There's a bigger challenge... by ShanghaiBill · · Score: 3, Insightful

    Freedom of speech is not freedom to be an asshole to anyone at any time.

    Yes it is. You do not have the right to physically harm, or threaten, someone. But you certainly have the right to offend them.

    Words can hurt people.

    Sure they can, but there is no constitutional right to not be offended.

  9. Disparity in anonymity is a major factor by Phil+Urich · · Score: 3, Interesting

    A lack of anonymity means people are held accountable, but that "accountability" is in the eye of the beholder, so it cuts both ways, and it definitely cuts against the person who isn't anonymous if others going after them are anonymous. The first thing that comes to my mind, then, is to have some degree of separation between anonymous/pseudonymous areas of communication and debate and "real name" ones. I'm not sure that's feasible (how to really draw such hard boundaries in such an interconnected age?) and I worry there'd be problematic results from such segregation. But it does seem to me like some of the more recent issues have been as bad as they've been due in no small part to a disparity of where the harassers and the targets are on the anonymous->pseudonymous->eponymous continuum.

    --
    I remember sigs. Oh, a simpler time!
  10. Re:There's a bigger challenge... by mi · · Score: 2

    Are we to assume that because France is having trouble, the EFF should stop

    Yes, actually. The events in France demonstrate, what happens, when somebody considers himself justified to do anything other than talk back in response to whatever speech he may find offensive.

    I'd rather suffer being offended once in a while, than see the First Amendment get watered down the way the Second and the Fourth have already been...

    --
    In Soviet Washington the swamp drains you.
  11. Re:There's a bigger challenge... by Microlith · · Score: 2

    when somebody considers himself justified to do anything other than talk back in response to whatever speech he may find offensive.

    I think people are willfully misconstruing the sort of thing the EFF is talking about. They certainly don't appear to be talking about things that are generally offensive, but specific, targeted harassment against individuals where they are hounded everywhere they go.

    But since people are getting killed over comics, you shouldn't worry about the torrent of abuse directed towards you on every site you visit. Right? Just suck it up and be glad you're not dead?

  12. Re:There's a bigger challenge... by serviscope_minor · · Score: 2

    Yes, it is, in fact, exactly that.

    No it isnt. Making physical threats to someone is being an asshole and that is certainly not covered under freedom of speech.

    --
    SJW n. One who posts facts.
  13. Re:There's a bigger challenge... by AmiMoJo · · Score: 3, Informative

    Harassment is somewhere in between physical threats and being a general arsehole. It's a sustained campaign of asshattery towards an individual, with threats but not necessarily physical harm.

    The law says you can't do it. Things like stalking are illegal, even if the purpertraitor doesn't lay a finger on the victim.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC
  14. Re:There's a bigger challenge... by AmiMoJo · · Score: 2

    What about an individuals freedom to live their life free of harassment?

    In the US there have been instances of people protesting at funerals. They turn up with banners like "murderer" or "god hates fags" and start screaming at the mourners. Sometimes bikers turn up to keep them back, so that the bereaved family can try to bury their loved one in peace.

    In Europe that isn't tolerated. People have the freedom to have a private, peaceful funeral without harassment. Europeans consider themselves to have more freedom than the US in this respect. Freedom of speech does not extend to harassment.

    --
    const int one = 65536; (Silvermoon, Texture.cs)
    SJW, n: "Someone I don't like, and by the way I'm a fuckwit" - AC