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Electronic Frontier Foundation The Internet Your Rights Online

EFF Takes On Online Harassment 189

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."
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EFF Takes On Online Harassment

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  • >> identified online harassment as a major challenge facing free speech

    There's a bigger challenge in France right now: http://www.bbc.com/news/live/w... [bbc.com]

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

      "Oh, they're dealing with something terrible, I suppose I should just be quiet and accept the abuse I suffer because, hey, at least I'm not being murdered!"

      • by ShanghaiBill ( 739463 ) on Friday January 09, 2015 @08:37PM (#48778745)

        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.

        • Re: (Score:1, Interesting)

          by Anonymous Coward

          Bullshit. Freedom of speech is not freedom to be an asshole to anyone at any time. Words can hurt people. You can drive someone to kill themselves with nothing but speech. Happens all the time. Like it or not there are reasonable limits to your freedom when it affects others. The EFF is asking the tough questions here about where that limit should sit. This is not mission creep, protecting electronic rights should ABSOLUTELY include the right to not be systematically harassed, intimidated and threaten

          • by OhPlz ( 168413 ) on Friday January 09, 2015 @09:35PM (#48779025)

            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.

          • Re: (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.

            • But you certainly have the right to offend them.

              Indeed, you have the right to stalk them from website to website and deliver a constant stream of abuse. They take offense? Oh, that's their problem. So long as you don't physically harm someone, you're OK! Emotionally harming and constantly harassing someone until they break is a-ok though!

              At least, if I understand ShangahiBill and the above post by fyngrz.

              • How about you retaliate or report the problems ti the site owners getting them a ban. Or perhaps you could draw a cartoon with them holding hands with the prophit mohomed while a jew sodomizes a pig and Jesus marries them?

                Or better yet, just do something else for a while? Its not like using different accounts or email addresses or visiting people face to face instead of online, going to the park or something is going to kill you/them/anyone. Why do we need laws for something so easily dealt with knowing tho

            • by AmiMoJo ( 196126 ) * on Saturday January 10, 2015 @09:28AM (#48780763) Homepage Journal

              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.

              • by Anonymous Coward

                Physical threats and suggestions of violence fall into the realm of stalking. Just because some of the harassment is taking place online as opposed to in front of a live audience doesn't actually matter.

                We can most certainly be assholes. I can call you ten different names under the sun, but those are my opinions. You can call me all kinds of terrible things, but unless I let your none sense actually affect me, it won't matter.

                Psychology and dealing with your own emotions should really be taught. Things like

            • by ljw1004 ( 764174 )

              You do not have the right to physically harm, or threaten, someone. But you certainly have the right to offend them... there is no constitutional right to not be offended.

              I went to a talk a few years ago by a brain scientist. His results were that the brain response to a physical injury is pretty much the same as the brain response to insults and swear words. Does the constitutional injunction refer to the suffering that's inflicted, i.e. a brain response? or does it refer solely to the physical injury even in cases or people where this doesn't cause any suffering?

              • While insults and swear words may hurt - it is a self-inflicted injury. There was a time when me, and many of my mates underwent a transformation by being subjected to order of magnitude more insults and swear words - they stopped hurting, within a few weeks of "practice". So much so that some swear words took on the shape of terms of endearment - literally, if only informally.

                While martial arts training can make many physical injuries also less painful - there are 2 significant differences. Training requir

          • Re: (Score:2, Informative)

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

            Yes, it is, in fact, exactly that. Freedom of speech is utterly useless if it only applies to speech "everyone (or, more likely, "you and people who agree with you") approves of."

            • 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.

            • by AmiMoJo ( 196126 ) *

              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 fre

          • by jedidiah ( 1196 )

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

            Yes it is actually. You have just fallen off the slippery slope that a great deal of us are worried about. You have quite effectively identified the big problem with any attempts to "fight online harrasment".

        • Now they are talking about going after individuals, for what some consider to be speaking freely.

          Some people don't understand free speech, so what? It's like the free market. It doesn't exist without some care.

      • by mi ( 197448 )

        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...

        • 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

          • by mi ( 197448 )

            They certainly don't appear to be talking about things that are generally offensive, but specific, targeted harassment

            It is a slippery slope regardless. And we know, where it leads — Illiberals have been advocating banning "hate speech" [amren.com] for years. Guess who will be deciding, which speech is hateful? Ministry of Truth can't be far behind...

            you shouldn't worry about the torrent of abuse directed towards you on every site you visit. Right?

            Right.

            Just suck it up and be glad you're not dead?

            Strawman.

    • by Anonymous Coward

      The EFF isn't exactly suited to deal with armed extremists.

  • by Iamthecheese ( 1264298 ) on Friday January 09, 2015 @05:19PM (#48778531)
    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"?
    • by Anonymous Coward

      Here's a solution to harassment that doesn't involve censorship: write better tools to allow people to ignore communication from people they don't like. This requires better, persistent identities across multiple modes of communication. The obvious privacy concerns can be sidestepped by allowing free creation of pseudonyms: people concerned about harassment can simply choose to only receive communication from pseudonyms that already have a friend-of-a-friend relation to them.

    • Re: (Score:2, Redundant)

      by hey! ( 33014 )

      I took a course on computer privacy law a few years ago, and one of the big questions is "what is privacy"? After looking at all the various philosophical and legal definitions, I came away with this definition: privacy is autotomy -- the right to conduct your affairs without unreasonable and uninvited interference.

      So I would define online harassment as deliberate and uninvited interference. Unpleasantness is simply one *means* by which the interference is accomplished, but it is not in and of itself harass

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

        Ouch. Please read this. [fyngyrz.com]

        • by hey! ( 33014 )

          OK, I read it, and I wasn't impressed.

          The reason is that your definition is circular:

          Privacy is defined by the set of social and legal boundaries dealing with access in any one society that we are expected not to cross, or outright forbidden to cross.

          That's fine as an operational definition of what a society *treats* as privacy, but it does no good in telling us what those boundaries should be.

          • by fyngyrz ( 762201 )

            The reason is that your definition is circular:

            You have failed to demonstrate circularity. If you can, by all means, do.

            That's fine as an operational definition of what a society *treats* as privacy

            Er.... yes, that's what the article is primarily about. I gave you the pointer to the blogpost because as an operational definition, "privacy is autotomy -- the right to conduct your affairs without unreasonable and uninvited interference" doesn't describe the problem space. If you look up a woman's skirt with

    • It seems pretty well defined, it is "Online harassment" if it is something that someone else says that I don't like, and it is "Freedom of speech" if I say it and someone else doesn't like it. Looks like it is time to remove the EFF app that I just installed yesterday, as there is no way that I can support assholes that have become this self righteous. I expect to be modded down for saying that, as the EFF is popular so questioning this will likely be silenced.
    • by AmiMoJo ( 196126 ) *

      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

    • by u38cg ( 607297 )
      Well, let's make it simple. Harassment is when you continue to communicate with someone who has expressed the wish that you stop.

      What you are talking about is threats, and again the test is simple. Is a reasonable person receiving such a threat likely to believe that the threat is to be carried out?

  • by Anonymous Coward

    Well, as long as it's not a case of "your rights end where my feelings begin" then there isn't really a problem. If things are legal, who cares? Beyond that, it's an enforcement issue. Individual sites already have their own policies, so if a user is not satisfied with the policies and enforcement of the site they are using, that is not a problem as the user can discontinue using the site.

  • Hundreds of posts of people talking past each other coming right up.

  • by Anonymous Coward

    Censorship is always, absolutely unacceptable. A person that raises his hand to censor another should have that hand cut right off!

  • "You can't take away people's right to be assholes! That's who you remind me of... an evil Mr Rogers." - Simon Phoenix, Demolition Man
  • by Anonymous Coward

    People tend to see anyone disagreeing with them as "harassment".

    Note how I will get down-modded "troll" for the following sentence: I think Xbox One is a better platform than Playstation 4.

    Not edgy enough? How about this radical opinion: For all it's flaws, Windows 8's UI is many times more usable than whatever Ubuntu is trying to do.

    Blood still not boiling? I don't think Jar Jar Binks was that bad of a character, considering that Star Wars is primarily a franchise designed to sell toys to children.

  • 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... [nytimes.com]

    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.

    • by Howitzer86 ( 964585 ) on Friday January 09, 2015 @08:29PM (#48778705)
      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.
      • well said

        there's definitely an academic study in there somewhere

      • But I have noticed the negative impact online chatter can have with my large family.

        Have you ever talked to a large portion of your family in person at once? That's how I found out that my family and I didn't actually like one another

    • 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:

      You don't happen to have any non-paywalled links suitable for posting to slashdot, do you?

      • 1. click the link
        2. put the url in quotes
        3. google returns a search page with the link being the first result
        4. click that, and get the page without invoking paywall

        NYT allows following results from google without restriction

  • Comment removed (Score:5, Insightful)

    by account_deleted ( 4530225 ) on Friday January 09, 2015 @08:20PM (#48778659)
    Comment removed based on user account deletion
    • Well, what if we made it so things were even more transparent, and we were able to bring pressure against the "doxer".

      I had someone engage in character assassination against me based on a wilful misinterpretation of what I said. Rather than taking my post down, I left it for all to judge for themselves.

      Apparently ordinary people who saw what this person did, under their real name, and started sending threats. Or so I overheard when i was recognized, prompting a conversation I could overhear.

      More transpare

      • Comment removed based on user account deletion
        • Worked out in this case

          • Re: (Score:3, Insightful)

            Comment removed based on user account deletion
            • You're totally ignoring the fact that they already can. You don't need technology to stalk someone.

              If someone wants to stalk me, all they need is a car. If I want to catch them, and be warned soon enough to stay safe, I need to be constantly vigilant.

              Allowing technology to be vigilant for me makes me safer, even if it makes finding me easier.

    • indeed, it's always a "great idea" until it backfires in their fac. Sometimes the only prize you get is knowing you where right, now they too realize it, but by then it's usually too late.
    • by AmiMoJo ( 196126 ) *

      We need to educate people not to use their real names or phone numbers.

  • I think they should be clearly distinguished instead of throwing everyone on the same basket.
    There are those people, like pretty much everyone on the internet that sometimes will get too bored, and will throw some hooks to cause some flame wars etc.. and well, this happens and sometimes its even fun, as it ends killing boredom.

    But then there are the stalkers.
    People that get fixated in making someone's life hell, someone that keeps "chasing the prey", that seeks every place the victim goes and slanders and d

  • by koan ( 80826 )

    The likely outcome from this will be total loss of free speech rights, how else do you stop online harassment when literally anyone can say literally anything is harassment if they don't like it.

  • A lot of people will be talking past each other on topics like this because we don't agree upon what is meant by freedom or by speech.

    Sometimes the answers are easy. Many nations protect the people from the government with respect to the political freedom of speech. That's great, but harassment is rarely political and is usually an act of individuals or (non-governmental) groups. Yet expanding the definition of freedom of speech presents problems. Harassment is not about imposing upon people speaking lo

  • 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."

    Bull shit, because who gets to define harassment? It's the beginning of the end of freespeech.

    inclusive and speech-supporting Internet

    ?huh? Is that Newspeak?

    • Bull shit, because who gets to define harassment? It's the beginning of the end of freespeech.

      Same as the people who decide what constitutes solicitation of murder?

      Nonetheless if half of the population is suppressed from speaking not by the government but because of harassment, you still don't have free speech.

    • Bull shit, because who gets to define harassment? It's the beginning of the end of freespeech.

      Harassment is not the use of a specific word, although that can be hate. Harassment is a behavior, not a word or a phrase or a sentence or a paragraph. If you don't know what it is by now, you probably never will. Sorry about your lack of social development. Guess you found the right place to display it.

  • the ones who seem to get the most harassment are the ones who have a habit of bringing it on themselves, see this post for proof

    course I dont go running off and whine about it, but that's cause im not a special unique snowflake who needs to be protected when I act like an ass

  • We can and should stand up against harassment.

    EFF meeting:
    Lets make a search engine?
    - Google done that

    Lets make the world more connected?
    - Facebook/Twitter did that

    Fuck it, lets enforce our own laws on the world and get donations to do it.
    - Roger that. Lets create an issue that doesnt really need to exist and make people fall for it. Lets ignore the things that really matter like world hunger, corrupt governments and corporations. But hey, at least EFF will get popular sifting shit down peoples throats that DOESNT REALLY MATTER.

  • I got banned from there a couple of months ago, pretty sure it was I called out Rose Eveleth, posting on one of her articles that her old site titles "Ladybits" is just as sexist (actually far more so) as Matt Taylor's shirt. I emailed them, and their reply: "I've checked in Disqus and it unfortunately looks like you have been blocked by one of the moderators. Banning is done at the discretion of our moderators - typically when a user engages in personal attacks or uses other uncivil language - and we suppo
  • Get rid of anonymity. If users can hide behind a veil of online anonymity, if they can always be relatively assured that no one is going to trace down that AssH/\t350 is really Wendel Jeppers of 113 Terrace Dr., Apt. C, Meat Hollow, KY, and that there is almost no chance that one can deliver a summons to him, you will not get rid of harassment. Couple that with the fact that there is no authority which can get rid of a troll once and for all, that they can sign up with a new anonymous account, and it's easy

  • to the point that it includes anything various special snowflake SJW cliques don't like to hear. Even pointing out the absurdity of their arguments without slinging any insults is viewed as oppressive. EFF jumping on the "internet needs to be civilized" boat suggests they've jumped the shark instead.

    Doing so is not censorship—it’s being part of the fight for an inclusive and speech-supporting Internet.

  • ...is the same way we fight spam - filter it.

    Seriously, just have a plugin in your browser that censors the words you don't want to see, and *BAM*, we're done. No need to control the troll, just don't look at them.

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