Civilination

Taking a stand against online harassment, character assassination and violence

Rethinking Personal Data – Report By The World Economic Forum

by

From the report’s Introduction:

The digital world is awash in personal data….Companies and governments are using this ocean of Big Data to unleash powerful analytic capabilities. They are connecting data from different sources, finding patterns and generating new insights – all of which adds to the ever deepening pool of data….As an emerging asset class, personal data currently lacks the rules, norms and frameworks that exist for other assets. The lack of trading rules and policy frameworks for its movement have resulted in a deficit of trust among all stakeholders and could undermine the long-term potential value of personal data. Different jurisdictions are looking to tackle this deficit of trust through different approaches, ranging from fundamental rights-based approaches to harm-minimization approaches.

 

You can read the full report here (PDF).

 

Finding the Balance Between Fun & Safety When Using Social Networking or Location-Based Services

by

In a March 24 story, The Vancouver Sun asked whether “the shooter who wounded two men outside a popular downtown restaurant last weekend learn[ed] of their whereabouts through Twitter” after it was revealed that one of the victims twice tweeted his location before the attack.

The comment by “anon273906963” that “Twits who tweet where they are eating, or post pics of their food… deserve to be shot” is ugly, ridiculous and ignorant (which perhaps explains why the person didn’t use their real name in posting it), but we need to realize that simply because *we* are not criminals or criminally-inclined, doesn’t mean others aren’t.

While it is impossible to eliminate the risk of danger completely, by avoiding sharing too much, you can reduce your chances of letting those who have ill will towards you know your exact whereabouts. So here are some suggestions:

  • If your purpose is to let friends know what a great time you’ve had at a cool party, or to let competitors know that you’re networking with high-profile and influential people at one of the premier out-of-town events in the industry, consider broadcasting it shortly afterwards.
  • Don’t broadcast that you’ll be away on vacation, leaving your home unattended.
  • Don’t do check-ins at your home or others’ homes. [Note: Foursquare has a recent feature enabling users to keep the actual address of their home private and available to just his or her friends.]
  • Don’t do check-ins at your children’s school.
  • Don’t consistently check-in at your grocery store or gym that lets others know what your regular schedule is and makes it easy to track and find you.
  • Don’t indiscriminately link your location-based services to other social networking sites such as Twitter or Facebook.

(Image from Wikimedia Commons)

The Right to Be Forgotten

by

On January 25 the  European Commission announced its proposed reforms to the EU’s 1995 data protection rules that will strengthen online privacy rights.

According to the factsheet How Does The Data Protection Reform Strengthen Citizens’ Data?  :

In the 17 years since the current data protection rules were adopted, new ways of communicating such as online social networks have profoundly changed the way people share personal information, while cloud computing means that more data is stored on remote servers instead of personal computers. 250 million people now use the internet daily in Europe. In this fast-changing environment, individuals must retain effective control over their personal data. This is a fundamental right for everyone in the EU and must be safeguarded [emphasis added].

Key changes, per the factsheet, include:

  • A ‘right to be forgotten’ will help you manage data protection risks online. When you no longer want your data to be processed and there are no legitimate grounds for retaining it, the data will be deleted. The rules are about empowering individuals, not about erasing past events or restricting the freedom of the press.
  • Easier access to your own data.
  • A right to transfer personal data normal from one service provider to another.
  • When your consent is required, you must be asked to give it explicitly.
  • More transparency about how your data is handled, with easy-to-understand information, especially for children.
  • Businesses and organisations will need to inform you about data breaches that could adversely affect you without undue delay. They will also have to notify the relevant data protection authority.
  • Improved administrative and judicial remedies in cases of violation of data protection rights.
  • Increased responsibility and accountability for those processing personal data – through data protection risk assessments, data protection officers, and the principles of ‘privacy by design’ and ‘privacy by default’.

For a link to all the relevant documents, go here.

For different opinions on this topic, read American law professor Jeffrey Rosen’s piece critical of the proposed changes, The Right to Be Forgotten and The Telegraph Digital Media Editor Emma Barnett’s piece supportive of the proposal, We must fight for the right to be forgotten online. [Update: For additional analysis, read NPR’s Is The Right to Be Forgotten ‘The Biggest Threat To Free Speech On The Internet’? ]

Rethinking Public Figurehood in a Digital Age

by

In an article published in the Journal of Telecommunications and High Technology Law, Above the Law founder David Lat and Criminal Justice and Criminology professor Zachary Shemtob discuss what it means, under American defamation law, to be a public figure in today’s digital age.

The authors provide a concise overview of the key U.S. Supreme Court decisions pertaining to public figure status (see pp. 405 – 407 of the article).

Lat and Shemtob’s main focus, however, is examining Rosenbloom v. Metromedia Inc., 403 U.S. 29 (1971), specifically Justice Brennan’s plurality opinion where he “rejected the distinction between public and private figures in the defamation context, expressing the view that the New York Times standard [New York Times Co. v. Sullivan, 376 U.S. 254, 282 (1964), which held that public officials can’t recover damages for defamation without proof that the statement in question was made with “actual malice”] should apply to all reports of events of ‘public or general concern.’ ”

The authors note that Justice Brennan’s opinion didn’t serve as a definitive position on whether New York Times applies to private individual’s defamation suits, but argue that it holds far greater relevance today than Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974), which is the governing law in this area.

When Gertz was decided in 1974, false charges could only be countered through access to a printing press, radio station, or television network—modes of communication that ordinary citizens generally could not tap into. In 2011, however, methods of communication have expanded and changed dramatically. Thanks to the phenomenon of blogging and the rise of social networks like Twitter and Facebook, ordinary citizens have historically unprecedented access to effective communication channels. One can refute false charges not just through newspapers, radio, or television, but through a proliferation of online outlets as well. Aggrieved subjects of media coverage no longer need a newspaper to print retractions of letters to the editor; instead, these subjects can go out and tell their own side of the story on a blog or social networking site.

In further support of their position, they point out that the digital age has significantly eroded the ‘public figure’ versus ‘private figure’ distinction, since we now live in a world with a long tail of minor celebrities and an influx of niche celebrities.

They also accurately point out that technology has led to an erosion of privacy:

In this day and age—of blogs, where our private misadventures can be written about at length; of streaming video and YouTube, where said misadventures can be seen and heard by total strangers; of Facebook, where “friends” can post pictures of us, against our will (maybe we can “de-tag,” but we can’t remove); of full-body scanners at the airport— …. we are more “public” and more interconnected than ever.

They counter the criticism of adopting the Rosenbloom rule of applying the “actual malice” standard to private individuals as long as the subject matter is of public or general concern with the following:

  •  The few U.S. states that have adopted Rosenbloom haven’t proven that the rule is unworkable or resulted in excessive defamatory speech
  • Where Rosenbloom results in a more favorable environment for publishers and speakers, it’s a reflection of the law’s already existing accommodation of  technological advances (e.g. Section 230 of the Communications Decency Act of 1996, which replaced the tort law doctrine of republication liability)
  • Adoption of the Rosenbloom rule is not the most extreme pro-media/pro free-speech position one could take

 

Although controversial, Lat and Shemtob’ article is recommended reading for those interested in free speech and defamation law.

Antibullying Advocate and Sexting Victim Allyson Pereira Shares Her Story

by

Allyson Pereira was a 16-year old high school student in northern New Jersey when a nude picture of her went viral. Even adults, ranging from teachers to friends’ parents to employers, made inappropriate and lewd comments about the image, all the while mocking her instead of holding the people who spread the image morally accountable.

Today, as a young adult, she speaks out about the dangers of sexting and the harm that can follow children and teens into adulthood. She has been featured on MTV: Sexting in America, The View, HLN, Good Morning America, Fox News, MTV: Disconnected Aftershow, Dr. Drew and is a member of  MTV’s A Thin Line‘s Street Team.

A sincere thanks to Ally for sharing her personal story with CiviliNation, and for having the strength and courage to turn a painful experience into an opportunity to become a leading antibullying advocate and role model.

When I first started high school I was a straight A, fully-involved, popular girl. I grew up in a strict nuclear family and wasn’t allowed to date until high school. I wasted no time using that privilege, and had my first boyfriend my sophomore year. After my rocky relationship ended my sophomore year, I was heartbroken; I thought we were meant to be, were going to get married, and would live happily ever after. Two months after breaking up with me, my ex sent me a text: “If you want to get back together with me, send me a picture.” Impulsively and without thinking, I went into the bathroom, undressed, and had my best friend snap a shot. In the two seconds it took to press send, I never thought of the consequences or repercussions I’d face. Overnight my reputation went into the trash can, I was humiliated in public with people screaming “ho, whore, slut” at me, I received death threats from girls whose boyfriends had seen my picture, and people even vandalized my house by putting paint cans in my pool and rolling a tire into my front glass door. I even had my best friend’s father text me, inviting me over for chocolates and wine because he “liked my picture”.  I was scared for my life and had never felt more alone.

Luckily, I had the best support system. When friends told me I was disgusting and they wouldn’t be there for me anymore, when I was disinvited from parties, and when I was mocked online, my family stood by me with high heads. We enrolled in family therapy and I thought my past was behind me.

Two years after the picture was taken, when I was eighteen and a senior in high school, I was working as a waitress when my boss told me he had heard about the picture. He told me he was going to have it sent to him, rate it, and he’d let me know what he thought. I volunteered for a local school committee and was eating lunch when a group of girls took out their phones and showed the picture to security guards. I hid in a corner while they all pointed and laughed.

My picture and the bullying I endured shaped every aspect of my life. I didn’t go away to college because I feared my dorm mates would find out about it and hate me. In fact, I rarely ventured far from home because I never felt safe. And when given the chance to tell my story on MTV’s Sexting in America: When Privates Go Public” I was scared. After seeing the suicide stories of Jessie Logan and Hope Witsell, girls who had been through the same thing I had, I knew that I had to tell my story in hopes of saving other girls.While filming, I spoke with a strong voice and didn’t allow myself to cry, although I desperately wanted to. After MTV and over the course of the last three years, I’ve been interviewed by many national and local media outlets. I’ve worked with Assemblywoman Pamela Lampitt on getting the NJ sexting law changed so that kids can receive therapy and not have to register as sex offenders if caught sexting. People have claimed that I only want my “fifteen minutes of fame” but the truth is that no one wants to be famous for this. Whenever I’ve considered stopping, I’ve seen the face of a new suicide that has pushed me to continue speaking.

Schools and officials need to stand up for what’s right. When I was in high school my principal told me to “come back if it got physical” when I reported my harassment. Once, after my mom called to tell him when I had received violent threats, he called down the girls and said “Ally’s mom called”. Needless to say, the bullying just got worse because I was now known as a tattle-tale. There were teachers who saw the bullying happening in class and did nothing, parents of kids in my grade who pointed me out in public and snickered to one another, and adults who sexually harassed me like a teacher who told me I could only use the pass if I swore not to take any more naked pictures in the bathroom. Children have the power to stand up and make a difference, but only if their older generations are being role models for them and making a good example.

There isn’t a day that goes by without my picture coming to mind. I am constantly reminded by songs and articles, and the words “whore” and “slut” still make me cringe. To this day I cannot go to certain places in my town without being bombarded with hate. So many times I’ve had to travel out of town to go somewhere with friends because I am screamed at, followed into bathrooms, and called names locally. There have been fake Facebook pages dedicated to hating me and spreading rumors but for every negative there are ten positive. The letters I get from young girls who tell me I’ve saved their lives keep me going. More than once, the kids I’ve met have brought me to tears with their questions.

I will never forget the sixth grade boy who asked me, “Will you go to your high school reunion?” The tears rolling down my cheeks answered that question for him, but I know that the kids I speak to are learning a big lesson: bullying can ruin a person’s life and leave everlasting scars, but a bystander has the power to save someone if they only stand up.

© 2021 CiviliNation