ADDRESSING CYBER HARASSMENT: AN OVERVIEW OF HATE CRIMES IN CYBERSPACE.

• Author: Citron, Danielle Keats

INTRODUCTION

It is an auspicious time to discuss cyber harassment and cyber stalking. When I began writing about cyber harassment in 2007, it was dismissed as a part of the bargain of online life. Although the abuse often involved threats, defamation, and privacy invasions, commentators regarded it as "no big deal." (1) Victims were told to stop "whining" because they chose to blog about controversial topics or to share nude images of themselves with confidantes. Victims were advised to toughen up or go offline. (2) The choice was theirs--that was the deal.

Since 2007, so much has changed. Cyber harassment's harms are now part of the national conversation. Perceptions and attitudes have changed, (3) thanks in no small part to the work of Cyber Civil Rights Initiative (4) (CCRI), End Revenge Porn, (5) and Without My Consent, (6) advocacy groups devoted to educating the public about online harassment and to spearheading reform.

This short piece will take a step back and give an overhead view of the problem of cyber harassment and the destructive impact it can have on victims' lives. Then, it will address about what the law can do to combat online harassment and how a legal agenda can be reconciled with the First Amendment. Finally, it will turn to recent changes in social media companies' treatment of online abuse and what that might mean for our system of free expression.

1. UNDERSTANDING CYBER HARASSMENT

   Cyber harassment involves a persistent and repeated course of conduct targeted at a specific person, that is designed to and that causes the person severe emotional distress, and often the fear of physical harm. (7) Cyber harassment is often accomplished by a perfect storm of abuse. (8) Harassers terrorize victims by threatening violence. They post defamatory falsehoods about victims. (9) They impersonate victims in online ads, and suggest--falsely--that their victims are interested in sex. (10) Sometimes, harassers manipulate search engines to ensure the prominence of the lies in searches of victims' names. (11) Harassers invade victims' privacy by posting their sensitive information, such as nude images or Social Security numbers. (12) Lastly, harassers use technology to knock people offline. (13)

   1. Two Women's Stories of Harassment Represent the Broader Phenomenon

      In 2012, Anita Sarkeesian, a well-known video game critic, announced that she was raising money on Kickstarter to fund a documentary series about sexism in video games. (14) A week after Sarkeesian made her announcement, a cyber mob descended upon her. On Sarkeesian's blog and Twitter feed, and in her email inbox, she received graphic rape and death threats. Additionally, a game appeared online titled, "Beat Up Anita Sarkeesian." (15) Each time a player touched the keyboard, a depiction of Sarkeesian's face grew more bloodied and swollen. (16)

      Next, the mob went after Sarkeesian's fundraising effort. Kickstarter received hundreds of false reports that Sarkeesian was engaged in fraud. (17) Harassers tried to get Twitter and Facebook to shut down her accounts by erroneously reporting her profiles as hate speech, spam, and terrorism. (18)

      The abuse escalated during the summer of 2014. (19) At the time, women in gaming including Zoe Quinn and Brianna Wu, faced online attacks by a cyber mob claiming that women were ruining games with their political correctness and their influence on journalists covering the industry. (20) During the height of the GamerGate attacks, Ms. Sarkeesian was supposed to give a talk at Utah State University. She canceled her appearance after the University's Dean received threats. (21) The message was that if Ms. Sarkeesian spoke, there would be a school shooting worse than Columbine and Newtown combined. (22)

      Not every cyber harassment victim has a public profile like Sarkeesian. Most victims come from everyday walks of life--the teacher, nurse, dentist, and stay-at-home parent. Holly Jacobs was getting her doctorate in industrial psychology when she was targeted with online abuse. Ms. Jacobs shared nude images of herself with a boyfriend during their long-distance relationship. The sharing went both ways; the understanding was that the photos were for their eyes only. After the relationship ended, Ms. Jacobs began receiving emails and texts from strangers saying they saw her online advertisement and wanted to have sex with her. (23) So she did what anyone would do: she Googled herself and what she found was terrifying. On over 300 sites--revenge porn sites, porn sites, and adult encounter sites--there were her nude photos. (24) Some of the posts said that Ms. Jacobs wanted sex and provided her contact information. (25) Other posts accused Ms. Jacobs of sleeping with undergraduate students at her university. Her part time employer received an email with the nude photos; her Dean of Students received anonymous calls accusing her of sleeping with her students. (26) She tried to get the photos taken down--she took many of the photos and filed DMCA requests. But most of her requests were ignored and the photos stayed online. (27)

   2. Female Victims, Gendered Abuse

      Anita Sarkeesian and Holly Jacobs's experiences are not unique. According to a study released in 2009, approximately 850,000 people experience cyber harassment a year. (28) The majority of victims are female, but men are targeted too and the playbook of the abuse is often the same. (29) The abuse is sexually threatening and sexually humiliating. Victims face rape threats or threats of anal rape; they are accused of having sexually transmitted diseases and of being available for sex; privacy invasions often involve the posting of nude photos. (30)

      The fallout for victims is profound. The professional costs are steep. It can be difficult for victims to keep or get a job because online searches of their names prominently feature the abuse. A 2009 Microsoft study found that over 80% of employers use search engines to research candidates and over 70% of the time there is a negative result. (31) It is not hard to understand why employers would not hire someone struggling with online abuse. It is far easier, safer, and smarter in terms of client perceptions to hire someone who does not come with baggage.

      Victims fundamentally change their lives. (32) They move because they no longer feel safe at home, and they often...