***OFFICIAL*** AC on NPR LIVEBLOG THREAD
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Date: March 3rd, 2009 11:09 AM Author: Violent voyeur mediation
at the popular law student online forum autoadmit, things could get pretty rough. . . . just tore them up online. it was intimate, it was harsh. . . . felt that they and their careers were being damaged . . . they sued.
a mob attack online. . . . what about free speech? (800)423-TALK is the number.
david margolick author of "slimed online" is first.
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11038825) |
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Date: March 3rd, 2009 11:11 AM Author: Violent voyeur mediation
dm: two students woke up and found that they had been "slimed online." free-for-all ensued where one poster would try to top another. fantasizing about raping them, etc. these women didn't know who the people were who were attacking them, didn't know what to do, didn't know how to stop them. flummoxed. went to YLS authorities, tried other various things . . .
"why were they attacked?"
dm: not really clear. in one case it was somebody who had dated BH at stanford, seemed to be a jilted suitor who was unhappy with her...
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11038836) |
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Date: March 3rd, 2009 11:13 AM Author: Violent voyeur mediation
dm: once they have a name, they can start attacking you. that's all the prompting they need. 99% of them had no idea who these people were. it happened with HI also at YLS and it seemed in that instance it was one of her fellow students who posted a picture of her.
(twist: she was the truly gorgeous one, right?)
it doesn't take much. cyber-snowball.
"you call them hyper-accomplished. the attacks were hyper-harsh. give us some sense."
dm: these things would happen in what are known as THREADS where one person would start a conversation and it would just sort of ensue from there. somebody would say "i want to rape her" and people would elaborate on those fantasies. or there would be a comment and speculation about whether their breasts were real and the various things that people could do with them. in another instance, one of the women had a father who had had problems with the law and somebody pulled up the WashPost article. in another thread somebody talked about her LSATs or law boards and how could she have gotten in and said she had had a lesbian affair with the dean of admissions.
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11038849) |
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Date: March 3rd, 2009 11:19 AM Author: Violent voyeur mediation
"they went first to the site itself and then tried to go further. how did they attempt to sort of clean up their google results online?"
dm: well i think that they realized as any entering law student would that the law is a very blunt instrument and the law has not really adapted to this set of circumstances and so their first approach was suasion, was to contact the people at the website, very politely, and say please take this stuff down. and the administrators of the law site realized that under the law they are not liable, they cannot be sued, carriers of information cannot be sued for what they carry. the intent of the law was to encourage the free flow of the information so they are immunized, they are not responsible. communications decency act was greatest misnomer evar. administrators weren't required to do anything so they were sensitive when they were demanded to do something. they were particularly tempted to do that when they felt they were being leaned on . . . a lot of free speech sensitivity on the web . . . they'll be damned if they knuckle under to elite law students with thin skins.
"blah blah but eventually the suit was brought? how did they do it when most of the posters were anonymous?"
dm: they sued for defamation, invasion of privacy, intentional affliction of emotional distress, named people by handles, HE JUST SAID AYATOLLAH OF ROCK AND ROLLAH HAHAHAHAHA, didn't know who these people were but the court is empowered to issue subpoenas to ISPs and in fact the protections are rather flimsy and if the information is available it will be turned over to the plaintiffs with quite a minimal showing. but in most of these cases these posters' IP addresses have deliberately not been saved, etc.
"big gnarly case. at least one person countersuing. will the law be changed?"
dm: well they'll have to go up against the BIG EVIL CORPORATIONS LIKE GOOGLE AND MICROSOFT, those little HEROES who were CYBER-BULLIED.
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11038886) |
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Date: March 3rd, 2009 11:24 AM Author: Violent voyeur mediation
"where does case stand?"
dm: very early on, still in discovery, women have identified some plaintiffs and have considerable leverage. legally their cases are quite weak. many statements were opinions rather than facts. these cases are very hard to win. but once they identify people they have the power to out them and ruin their professional careers, so they can force settlements. some defendants say this is essentially a stick-up and some innocuous defendants have had settlements coerced out of them. one instance, one defendant, is fighting this, recent graduate of the university of texas (:D right) and theoretically the case could be a full-blown battle in court in his instance and could actually make new law.
daniel citron joins.
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11038904) |
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Date: March 3rd, 2009 11:27 AM Author: Violent voyeur mediation
dc: anonymous mob, when all things are taken together, emails sent to prospective employers, hundreds of people, it really chills THEIR free speech. (twist: this makes no sense whatsoever.) 80% of cyber-harassment victims are women, rape threats, home addresses, suggestion they should be raped or strangled, doctored photographs, etc. what we're seeing is the very gendered nature of the harm.
bonnie from newton: hi, i'm glad to speak about this. i have a daughter who's a freshman in college and i read about juicycampus. i looked it up and she was in there and i called her and i was horrified. ("what is it?") anonymous place, you can go campus by campus and look by name and see if there are any comments about them. very lascivious, ugly comments, comments about how the women look, almost always negative. i believe juicycampus has been taken down. ("bad enough to make free speech wrong?") what was really wrong was the anonymousness when the victims were named. my daughter says you can't fight back because if you fight back your name is at the top of the list.
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11038931) |
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Date: March 3rd, 2009 11:30 AM Author: Violent voyeur mediation
dc: when women are attacked they lose economic opportunities online. this is like the ku klux klan. (twist: what the fuck?) women should not be asked to stay off the internet and out of the gym. women's lives are very directly affected by this, socially and economically.
patrick calls in. actually a free speech advocate. uses slashdot, irc, etc. let me ask you if you're an employee of a company and you post a comment about how horrible a company you work at is, you want to be anonymous, right? you don't want your company to fire you. ("what about when it's individuals, maybe young men, maybe young women?") when addresses are being given out, that's too far, but at the same time it should not really be regulated. as soon as you start saying you can't say this, someone will say you can't say that, you can't say this, you can't say that.
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11038947) |
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Date: March 3rd, 2009 11:34 AM Author: Violent voyeur mediation
dc: patrick, i share your interest in allowing an enormous amount of free speech online. but these anonymous mobs are silencing women. civil liberties on both sides of the coin. (twist: this is a stupid fucking argument, the government is not regulating these women's speech.)
dm: i think bonnie's story is instructive in the sense that these people moved on eventually, like locusts, moved on to the next target and to some degree this problem corrects itself, people come and go, i think with all due respect to danielle i think that these problems can be exaggerated. like do we know that bonnie's daughter stopped going online, i rather doubt that. she just sort of let nature take its course.
"did case look like much ado about not so much"
dm: they were badly bloodied but i don't think that a lot of things said were legally actionable. one has to view this in the context of the cyberculture and a lot of what's said online can instantly be discounted. everybody knows that in that realm it's a hyperbolic extreme realm and a lot of what goes on is discreditable.
bringing on AC!!!!!!!!!!!!!!!!!!!!
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11038972) |
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Date: March 3rd, 2009 11:39 AM Author: Violent voyeur mediation
ac: i wasn't an administrator, i was CHIEF EDUCATION DIRECTOR. i did believe they had valid complaints and i recommended the threads be taken down.
"did anything come down?"
ac: once the suit happened rach got his back up.
ROFL GCHAT NOISES IN AC'S BACKGROUND
ac: my career has definitely been impacted as a result of all of this. i really enjoy my job here in the virgin islands, i'm doing some of the most interesting work an attorney with my experience could be doing, but honestly i'd rather be at edwards angell palmer and dodge.
"your offer was rescinded" yes.
mr: lots of wrongs. everything was forgotten until WashPost article. then reputation defender got involved.
"they try to help people who feel they're under attack online"
mr: that's how they market themselves. in my circumstances they simply make it work. bonnie's daughter seemed to address this the right way. let it go, let it drop to the daughter.
"but is that really true when the google search brings it up?"
mr: it does. i mean if you dig low enough into google results for my name you'll find i'm a terrorist, an islamic member of the taliban. none of that is true. however, the positive information, the true information, rises to the top. now again should they have simply let it go? maybe not. when somebody is defamed they certainly have a right to seek legal redress. but the way they did it was such a scattergun approach they really destroyed their own interests. i would hate to see these things said about women i love. but some of the other things were completely innocuous and ciolli didn't post a single thing. they were just seeking to stick people up. another defendant AHWIAB all he said was he would make an ice cream sundae ("out of one of these girls"). if you threaten to stalk someone that's a true threat. but when somebody writes "i'd pour syrup on that" and they wind up a defamation defendant, the accuracy of the tool used to procure the remedy is way too blunt.
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11039001) |
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Date: March 3rd, 2009 11:53 AM Author: Violent voyeur mediation
dm: i agree with mark that a lot of the people who made these comments, they're sort of juvenile, immature, obnoxious, but that's all that they are. one of the problems with the lawsuit is that all of these people were lumped together and very few distinctions made between stalkers or people who said they had STDs and these frivolous frat-boy rants that people like AHWIAB made.
"on the facts, was this just middle school locker room stuff? ice cream sundaes and pouring syrup makes it sound that way."
dc: that comment i agree with mark and david. but when we look at so many other of the threads online, mark is right to invoke the true threats doctrine. for instance the post "i will force myself upon her and sodomize her repeatedly," other rape threats, threads suggesting the posters had access to the women, sightings of the women, law school gym, we can make a really strong argument that that's a true threat, and it trivializes to focus in on that statement about a sundae.
"do you see a true threat in those thread comments?"
mr: i could certainly see some of them being interpreted that way. i don't have a dog in this fight anymore and if i were in the middle of this i could also say that they aren't true threats because of context. a lot of this online stuff is not for us grownups. these are kids - we're digital immigrants, these are digital natives - some of this stuff is JUST SHTICK! if you look at borat, he's not really a racist, sexist, anti-semite - a lot of these online monikers are merely SHTICKs, merely characters, and they're in some very juvenile, drawn-out play, and that's how they interact with each other. i'm not saying it's frivolous to call these a true threat but i'm not 100% convinced that they are. we need to consider the other side to this which is the actual community where we're sitting. you sit in a certain bar and you hear someone say i'm gonna smack that punk. it's just how people talk. i'm not really part of that generation.
"were these kids? is this just juvenilia and shtick?"
dm: i think that an awful lot of it is. one sure indication that it is is when you consider the professional consequences to the two women. they were terribly bloodied and went through an awful ordeal but one of them was hired by cleary gottlieb and the other is working for the ICJ in the hague and clearly, cleary gottlieb learned very quickly to discount whatever appeared on HI online. the whole culture is learning how to do this. we're neophytes. whole new form of discourse. (twist: YES!) people who are not familiar with it are shocked with what they read, but we have to get used to it.
"do those jobs say that this is okay? no harm?"
dc: absolutely not. and in fact some of these comments suggest to me that people are trivializing this. we can't discount the emotional harm and some of the reputational consequences of saying you had a low lsat, drug rehab, herpes, etc. let's take women who were not as accomplished as these women who were forced online. doctored photographs of them being raped and strangled. women are silenced, emotionally distraught, deprived of the ability to write in their names. they have to use male pseudonyms. (twist: this is insane.)
catherine from nashville. i have been attacked this way, it's a lot different from gossip around the water cooler because it's permanent. i was a whistle-blower on an assault case. they beat up a woman and the city told her to bury it and the actual city manager has a website of dirt on the city and it's googled by everyone and i have a great resume and people will not touch me. they put online that i was a terror, a liar, that i was in this just for the money and it took a long time to actually file a suit and there is a lawsuit now against the city and a lot of this was just me trying to get them to take the lawsuit down. i have a header on the website. when people google me it comes up. ("did people get into sexual stuff or just comments about your character and are those fair game?") no, it's not true and i'm not a public person and there's no way to fight it. i don't have free speech. (twist: again, that's not what free speech means, is it?) i can't get it off. this goes on for years and it keeps igniting. i have attorneys that go on there and quote this website. they're using it as fact because it's in writing.
holly from quakertown. my situation is a lot different because it was not sexual harassment, i'm fifty-eight, there's a widows' support site that is absolutely excellent, they started a political section because some of us as we got over the trauma that happens when you lose a spouse start to develop interests again and politics over the last eight or nine years have been really interesting and i was severely attacked over quite a few years by some very rigid right-wings who claimed to be religious. they certainly weren't following the teachings of their lord...
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11039052) |
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Date: March 3rd, 2009 11:57 AM Author: obsidian circlehead
Ciolli: The most unfortunate thing about all of this is that Cohen's actions have been imputed to me.
cold
as
ice
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11039077) |
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Date: March 3rd, 2009 12:31 PM Author: odious aqua public bath
To put this in context:
I was asked a question that started to ask about my lawsuit, but then at the very end asked me about how I would have handled the situation differently. Completely unprepared, I answered that, despite thinking about it every day for two years, I don't see how I could have done anything differently because I was not the manager of the board, had lobbied rachmiel to no avail, and had facilitated the voluntary shut down of the T14 contest. I then closed by saying that I was upset about how a lot of media have confused me and rachmiel and imputed everything he did (or didn't do) to me.
If you consider that throwing rachmiel under the bus, fine, but it's the truth, and it covers the same ground as our depositions from last year.
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11039289) |
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Date: March 3rd, 2009 11:59 AM Author: Violent voyeur mediation
tamiko in portsmouth virginia. i just want to say that freedom of speech, yeah, i believe we should have freedom of speech, and freedom of speech to me is speaking your opinion, it's not when you say something that's lying or when you're defaming someone's character, that's not a positive thing, that's not a good thing, and i don't think that someone should be allowed to do that, and there's something wrong with us as a people when we think that's okay. (twist: again, does anybody actually know what freedom of speech entails?)
"can this be dealt with within the current context?"
dc: i think we have some imperfect legal solutions. they're imperfect because they're not directly tailored to this sort of cyber-sexual-harassment. we have civil rights law that may or may not be applicable. the biggest stumbling block is section 230 and the anonymity of these posters. we have a group of posters coming together to target and harass and terrorize posters and you can't find them. there's no way to slow down this abusive behavior and it picks up like a snowball. what's interesting though is that there's some proposals in congress to require traceable anonymity (twist: NOOOOOOOOO THIS IS SO NOT A GOOD IDEA OR GOOD AT ALL) it's good to know that people have to own their own words. in order to protect free speech we've got to protect identities and make sure we have legitimate lawsuits (twist: what?).
"let's turn to ac. now you're suing BH and HI and their law firm and reputation defender, what have you learned from all this?"
ac: well, i've learned from all of this that it's extremely to get your side of the story out. one of the most important things for me is that a lot of rach's actions have been imputed to me. i tried very hard to get t14 talent to shut down.
"do you wish you'd done more to protect these two women?"
ac: honestly, i don't know what else i could have done. i've thought about this very hard but i can't think of anything else i could have done. i lobbied rach to take threats down, we did take some threats down, i got t14 talent shut down, i can't think of anything else i could have done to get this situation to reach a more amicable solution.
"maybe it won't really change until some senator's daughter gets this treatment. what's coming?"
dm: ultimately there are billions of transactions every day online and the kind of regime that danielle is suggesting is really unmanageable. there's no way to regulate it and it's out of control in a sense. what it requires is precisely the kind of thing that ac tried to do at autoadmit which is to get the individual websites to remove the offending content.
"kind of a new era issue that i'm sure we haven't heard the last of. thanks everyone."
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11039088) |
Date: March 3rd, 2009 10:49 AM Author: Violent voyeur mediation
anti-war guy trying to be fair: "well, bush did some of this diplomacy stuff too"
host: "so does that make it bad?"
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11038734) |
Date: March 3rd, 2009 10:57 AM Author: multi-colored garrison
caller: "mr. ciolli, have the does found the most vile defendant? Who can he be?"
gto: "well caller, i don't know, the courts will be teh fulcrum upon which this case rests"
caller: "DESCRIBE this fulcrum"
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11038771) |
Date: March 3rd, 2009 11:02 AM Author: Violent voyeur mediation
"Cyber-bullying is too mild a term for what goes on in some of the rougher corners of the internet"
"It had the feeling of a gang beating"
"Done, it seemed, for fun"
"Defendants say it's . . . really free speech that's under fire"
"Mob psychology"
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11038793) |
Date: March 3rd, 2009 11:10 AM Author: Dead Lime Stage
lol - "A website they barely had heard of."
YALE GIRLS OUTED AS REGULAR POSTERS.
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11038828) |
Date: March 3rd, 2009 11:12 AM Author: bat-shit-crazy party of the first part mad cow disease
Jilted suitor? Completely made up.
The first pics of HI were from her classmate?
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11038845) |
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Date: March 3rd, 2009 11:21 AM Author: bat-shit-crazy party of the first part mad cow disease
Is there any evidence that the person who started the Brittan thread was a jilted suitor?
Or that the first pics of HI were posted by a YLS classmate?
These are not insignificant details. He didn't say this stuff in his article.
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11038891) |
Date: March 3rd, 2009 11:19 AM Author: Mustard doctorate pervert
"Darkest corners of the internet."
RUDE!
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11038885) |
Date: March 3rd, 2009 11:24 AM Author: Mustard doctorate pervert
DOES AINT GOT NOTHING ON...AHWIAB!!!
EDIT - whoops, :D, i guess.
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11038902) |
Date: March 3rd, 2009 11:31 AM Author: Mustard doctorate pervert
"like locusts"
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11038955)
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Date: March 3rd, 2009 11:33 AM Author: Mustard doctorate pervert
GTO! GTO! GTO!
GT-OOOOOOOOOOOOOOH!
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11038966)
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Date: March 3rd, 2009 11:56 AM Author: dashing indirect expression stead
Caller: "I have been on this interwebs. Free speech is good. We need to stop people from being mean! They can't be allowed to say mean things."
repeat 20x
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11039071)
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Date: March 9th, 2009 6:32 PM Author: glittery indigo forum
March 08, 2009
Trivializing Women's Harms: The Story of Cyber Gender Harassment
posted by Danielle Citron
On March 3, 2009, National Public Radio host Tom Ashbrook hosted a conversation about cyber harassment with David Margolick, Marc Randazza, Anthony Ciolli, and myself. Our discussion focused on the attacks on female law students at AutoAdmit in 2007. Here is a little background: anonymous individuals posted hundreds of sexually explicit, threatening, economically-harming, and allegedly defamatory statements about named female students. For instance, "[female student's name] is a dumbass slut with huge fake t****s who I want to rape in the ass"; "I will force myself on her and sodomize her repeatedly"; "She deserves to be raped so that her little fantasy world can be shattered by real life." Posters suggested that they had access to the named women, noting what they wore at the law school gym, providing updates on their whereabouts, and encouraging others to take pictures of the named women and post them on the site. Posters accused named women of having sexually transmitted diseases (e.g., "[Named female student] is a slut but don't f***k her she has herpes"). They sent emails to former and prospective employers urging the law firms not to hire named women due to their low character. A poster told the community there that he sent an email to a named student's faculty members with embarassing information about her. Posters hailed the sender as a hero who should be awarded a Congressional medal. Others engaged in a google bombing campaign to ensure the prominence of the offensive threads in searches of the women's names: "We're not going to let that bitch have her own blog be the first result from googling her name!"
During the program, former New York Times At the Bar columnist and current editor at Portfolio magazine David Margolick characterized the AutoAdmit attacks as mostly "juvenile, immature, and obnoxious, but that is all they are." He called them "frivolous frat boy rants." Margolick said that because the female law students who graduated from the most prestigious law school in the country now have good jobs, they suffered no harm. Mark Randazza agreed with this characterization of the harassment: "these are digital natives; it is their juvenile shtick."
As my article "Law's Expressive Value in Combating Cyber Gender Harassment" (forthcoming Michigan Law Review) argues in great detail, far too many people like Margolick and Randazza trivialize the serious harms that women uniquely suffer as a result of such cyber harassment in much the same way that society downplayed or ignored workplace sexual harassment until 1970s. In the face of threats of sexual violence, women not only feel afraid, but also chilled to act on their own desires. Women withdraw from online discussion groups, shut down their blogs, and alter their physical activities to avoid offline harassment connected to the online harassment. For instance, AutoAdmit victims stopped going to the gym to ensure that the anonymous posters could not take a picture of her and post it online. The cyber harassment also harms women's dignity and sense of equal worth. Online assaults objectify women by reducing them to their body parts. Harassers further humiliate women by reducing them to diseased body parts. This treats women as moral subordinates and undermines their self-respect just as workplace sexual harassment makes women feel like sex objects, not competent workers. Women suffer a performative harm: they may assume male pseudonyms online to avoid cyber harassment. And cyber harassment inflicts distinct harms to women's emotional and physical well-being. Women fear that online threats of sexual violence will be realized: anonymous threats are all the more frightening as they are shorn of any cues that might alleviate that fear.
I write this post to begin a conversation about cyber harassment, which disproportionately affects women. Studies suggest that 80% of cyber harassment victims are female. Why do many disregard women's experiences as trivial?
http://www.concurringopinions.com/archives/2009/03/trivializing_wo.html
(http://www.autoadmit.com/thread.php?thread_id=943815&forum_id=2#11095836) |
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