Home | About | RSS Feed | Contact and Publicity Guidelines | Comment Policy the Law, the Universe, and Everything 

advertise-here4


Slip Opinions


Whatever happened to Henry Simons? (fp)

Wow -- that's some very scary poll results (kw)

The scarlet ankle bracelet. (fp)

Every good article should have one idea. (fp)

Family values in market turnover culture. (fp)

Banks really create value: probably $58 billion in overdraft fees & credit card penalties in 2009. (fp)

A Citizens United dream: Exxon could have deployed 10% of its 2008 profits to outspend every presidential and senatorial candidate that year. (fp)

Eternal Earth-Bound Pets promises to adopt your pet if you are raptured. (fp)

Habermas doesn't tweet, but does interview well. (fp)

Lessig on Google, copyright, orphans, and the future of access to information. (kw)

Our Podcast

Subscribe to Law Talk

law-rev-contents2.jpg


  • Posts by Author

  • Categories

  • Archives


  • Recent Comments

    • Kristina on Spring 2010: Is the Window Open?

    • PrometheeFeu on The Advantages and Disadvantages of Rewards

    • PoNyman on Very scary poll results

    • Civ Pro King on Privacy Rights in Death Photos: Catsuouras Case Decided

    • ParatrooperJJ on Privacy Rights in Death Photos: Catsuouras Case Decided

    • Lotta on The Take Away About Take Home Exams

    • Alan on Constitutional Rorschach Test (or Zen Koan)

    • Colin Crowe on The Take Away About Take Home Exams

    • Glomarization on Links and short thoughts on Amazonfail

    • Vinca on Book Review: Divergent Opinions: Why Community Matters — A Review of Sunstein’s Going to Extremes

    • A.J. Sutter on My Letter to the Economist on Climate Change

    • Keri Brooks on Spring 2010: Is the Window Open?

    • Illinois on Spring 2010: Is the Window Open?

    • Ken Rhodes on Constitutional Rorschach Test (or Zen Koan)

    • Ken Rhodes on My Letter to the Economist on Climate Change

  •  

    Site Meter

Trolls, cyberbullying, Dan

posted by Kaimipono D. Wenger

This week’s New York Times magazine has a fascinating article about online trolls and cyberbullying, which includes a quote from Dan. The article itself is well worth reading. An excerpt:

That the Internet is now capacious enough to host an entire subculture of users who enjoy undermining its founding values is yet another symptom of its phenomenal success. It may not be a bad thing that the least-mature users have built remote ghettos of anonymity where the malice is usually intramural. But how do we deal with cases like An Hero, epilepsy hacks and the possibility of real harm being inflicted on strangers?

Several state legislators have recently proposed cyberbullying measures. At the federal level, Representative Linda Sánchez, a Democrat from California, has introduced the Megan Meier Cyberbullying Prevention Act, which would make it a federal crime to send any communications with intent to cause “substantial emotional distress.” In June, Lori Drew pleaded not guilty to charges that she violated federal fraud laws by creating a false identity “to torment, harass, humiliate and embarrass” another user, and by violating MySpace’s terms of service. But hardly anyone bothers to read terms of service, and millions create false identities. “While Drew’s conduct is immoral, it is a very big stretch to call it illegal,” wrote the online-privacy expert Prof. Daniel J. Solove on the blog Concurring Opinions.

To steal a line from Glenn Reynolds — go read the whole thing.


 August 1, 2008 at 1:20 am   Posted in: Blogging, Cyberlaw, Privacy (Gossip & Shaming), Social Network Websites   Print This Post Print This Post

Responses (8)

  1. Jon Garfunkel - August 1, 2008 at 2:32 am

    I thought I’d see some more academics in the article, but, as I discovered recently, the literature on trolling is rather slim. So this is a welcome addition to the corpus. (See also the trolling resources from CFP ‘08, which was mostly assembled by Jon Pincus).

    That said, it covers only a narrow spectrum of harmful speech online, and it’s fairly weak on suggesting solutions. Dan Gillmor’s suggestion that people should just ignore anonymous comments is pie-in-the-sky ludicrous.

    (No doubt Dan G. spoke to the reporter fMattathias Schwartz for 30 minutes, and this was what was quoted, but still, as a former journalist, Dan should know better. And I’ve invited him to comment here to explain himself further.)

    Anyhoo, it’s too bad Schwartz didn’t ask Danielle Citron for her opinion, since she’s been working on a paper on this recently.

  2. Belle Lettre - August 1, 2008 at 4:34 am

    Really interesting and rather frightening article. Thanks for the tip. I blogged about it here, and hopefully the good sociologists will have something to say about the internet norms and the idea of civility. Of course, they’re all at the ASA meeting now. I wonder if there’s more literature on norm violation that may be applicable to internet trolling in other disciplines. Time to hit JSTOR!

  3. Bruce Boyden - August 1, 2008 at 10:43 am

    Trolling is in part a boundary definition issue — it’s a subset of a general Internet issue that includes (of all things) jurisdictional questions. That is, the current state of the Internet makes policing certain forms of boundaries more difficult. In this case it’s group or conversational boundaries rather than sovereign boundaries. The problem is that it’s much more difficult to exclude or shame someone for group-norm-violating behavior given the current structure of most Internet discussion forums. That’s why IRL “trolling” is much less prevalent. One possible technological solution would be to eliminate effective anonymity, at least in some venues.

  4. jon - August 1, 2008 at 5:49 pm

    A good article, although focusing only on the extremely destructive version of trolling that certain people focus overlooks the damage of the far more pervasive trolling in the classic sense of the word. As well as discussions about Danielle’s work, and the gender issues related to trolling (recently covered in a Freakonomics blog post in the NY Times), it also would have bee nice to see something about community moderation and other defense techniques as an antidote.

    Moot, quoted in the article, co-moderated the CFP workshop session with me.

  5. Dan Gillmor - August 2, 2008 at 2:46 pm

    Jon, of course there’s more to it than that. But your characterization of that small quote in the article is incorrect.

    I don’t think ignoring anonymous quotes is enough. I think we have to actively disbelieve them — assume falsehood when no evidence is provide.

  6. Jon Garfunkel - August 3, 2008 at 2:20 pm

    Dan– You missed the crucial distinction between defamation and harassment. In defamation there are facts up for debate, and it’s possible in the theoretical marketplace of ideas for a listener to side with the known speaker over the anonymous speaker.

    But in harassment, somebody is harming you by community with you directly, or by causing you to believe you are in imminent danger.

    A more philosophical distinction is that in defamation, the *past* is made uncertain (what happened), whereas in harassment, the *future* is made uncertain (as an anonymous threat is made to you).

    Harassment is what the article is about. As I said, I suppose you spoke for a long while with the reporter, and he chose to quote this, but, unfortunately, it’s not a solution to the problem at hand.

  7. Slightly-Mad - August 4, 2008 at 10:34 am

    It’s clear that we’re facing a troubling epidemic, and that these poor cursed individuals need our help more than ever.

    http://www.youtube.com/watch?v=dOaS8l5SQrQ

  8. Slightly-Mad - August 4, 2008 at 10:42 am

    You’re all Trollist.

    Clearly we’re facing an epidemic, and these poor cursed individuals need our help more than ever.

    http://www.youtube.com/watch?v=dOaS8l5SQrQ

Leave a Reply

*
To prove you're a person (not a spam script), type the security word shown in the picture. Click on the picture to hear an audio file of the word.
Click to hear an audio file of the anti-spam word


  • « Previous post
  • Next post »

Authors

Daniel J. Solove
Kaimipono Wenger
Dave Hoffman
Nate Oman
Frank Pasquale
Deven Desai
Danielle Citron
Lawrence Cunningham
Sarah Waldeck
Jaya Ramji-Nogales
Solangel Maldonado
Gerard Magliocca

Guests

Adam Benforado
Mark Edwards
Michelle Harner
Kristin Johnson
Jeffrey Kahn
Alex Kreit
Viva Moffat
Adam Steinman










Previous Guests

Michael Abramowicz
Michelle Adams
Robert Ahdieh
Michelle Anderson
Laura Appleman
Ann Bartow
Francesca Bignami
Jeremy Blumenthal
Kathleen Boozang
Bruce Boyden
Donald Braman
Al Brophy
Neil H. Buchanan
Bill Burke-White
Scott Burris
Paul Butler
Naomi Cahn
Anupam Chander
Miriam Cherry
Jack Chin
Jennifer Collins
Thomas Crocker
Allison Danner
Brannon Denning
Deven Desai
Mike Dimino
Mark Edwards
David Fagundes
Christine Haight Farley
Kim Ferzan
Dan Filler
Michael Froomkin
Amanda Frost
Timothy Glynn
Rachel Godsil
Eric Goldman
David Gray
Craig Green
Tristin Green
Jeffrey Harrison
Erica Hashimoto
Carissa Hessick
Laura Heymann
Robert Hillman
Christine Hurt
Darian Ibrahim
John Ip
Kevin Johnson
Dan Kahan
Brian Kalt
Sam Kamin
Michael Kang
Chimène Keitner
Orin Kerr
Nancy Kim
Heidi Kitrosser
Adam Kolber
Russell Korobkin
Anita S. Krishnakumar
Susan Kuo
Greg Lastowka
Sarah Lawsky
Erik Lillquist
Jeff Lipshaw
Jonathan Lipson
Jacqueline Lipton
Joseph Liu
Michael Madison
Solangel Maldonado
Jason Mazzone
Linda McClain
William McGeveran
Salil Mehra
Carrie Menkel-Meadow
Max Minzner
Scott Moss
Eric Muller
Jaya Ramji-Nogales
Helen Norton
Elizabeth Nowicki
Paul Ohm
Michael O'Shea
David Opderback
Kristen Osenga
Rafael Pardo
Marcy Peek
Eduardo Peñalver
Robert Percival
David Post
Shruti Rana
Geoffrey Rapp
Neil Richards
Lori Ringhand
Alice Ristroph
Susan Scafidi
Paul Secunda
Jonathan Siegel
Jessica Silbey
Peter Smith
Charles Sullivan
Rick Swedloff
Steph Tai
Andrew Taslitz
Robert Tsai
Jenia Turner
Steve Vladeck
Spencer Weber Waller
Howard Wasserman
Melissa Waters
Frank Wu
Alfred Yen
Corey Yung
David Zaring
Timothy Zick
Michael Zimmer
Jonathan Zittrain

Ownership

Concurring Opinions is a
general-interest legal blog
operated by Concurring
Opinions LLC, a Pennsylvania
Limited Liability Corporation.

Blogroll

Above the Law
ACS Blog
Althouse
Balkinization
Becker-Posner Blog
BlackProf
BoingBoing
Chicago Law Faculty Blog
Conglomerate
CrimLaw
Crime & Federalism
CrimProf Blog
Crooked Timber
Discourse.net
Dorf on Law
Election Law
Emergent Chaos
The Faculty Lounge
Feminist Law Profs
43(B)log
Freakonomics Blog
Freedom to Tinker
Google Blogoscoped
How Appealing
Ideoblog
Info/Law
Instapundit.com
Juris Novus
Jurisdynamics
Law and Humanities Blog
Law and Letters
Law Librarian Blog
Legal Profession Blog
Legal Theory Blog
Legal Times Blog
Leiter Reports
Brian Leiter's Law School Reports
Lessig Blog
Madisonian Theory
Media Law Blog
Mirror of Justice
The Moderate Voice
National Security Advisors
Opinio Juris
Point of Law
PrawfsBlawg
ProfessorBainbridge.com
Property Prof Blog
Red Tape Chronicles
The Right Coast
Schneier on Security
SCOTUSBlog
Security Dilemmas
Sentencing Law and Policy
Simple Justice
Sivacracy.net
The Situationist
Susan Crawford
TalkLeft
Talking Points Memo
TaxProf Blog
Tech & Marketing Law
Truth on the Market
Volokh Conspiracy
WorkPlace Prof Blog
WSJ Law Blog
Wonkette
The Yin Blog


© Concurring Opinions

Powered by WordPress