Hate Crimes in Cyberspace

342 Index Stalking law (continued) Takedown, 175. See also Fee-based Protection Act (1999), 104; federal removal services statutes, 104, 124, 125, 131, 136, 144, 155, 172, 216; updating, 143–153 Taschinger, Marianna, 5 Tech blogger: cyber harassment of, Steubenville rape case, 114–115, 187, 243–244 37–39; and trolls, 54; and cyber mobs, 62, 65, 196–197; and trivialization of Stipe, Jebidiah, 5, 6. See also Stalking: cyber harassment, 75, 79, 255; and law in-person stalking enforcement, 88, 144; combating cyber harassment, 106, 113, 114, 252, 255; Strict scrutiny, 199, 200. See also First and civil rights law, 126, 155; and Amendment proposed legal reforms, 129–132, 155; and the First Amendment, 195, 217; Studies: on employers’ use of search and tort law, 206, 207 engines to screen job applicants, 8; on Title IX, 135, 158 the financial costs of cyber stalking to Title VII: and workplace sexual victims, 10; on disproportionate rates harassment, 97; and cyber harassment, of depression resulting from cyber 135; proposed reforms to, 158, 182, harassment in LGBT youth, 11; on 183, 184; Wisconsin v. Mitchell, 219. See cyber harassment as disproportionately also Antidiscrimination laws impacting women and LGBT Todd, Amanda, 11. See also Suicide individuals, 14, 15–16, 18; on revenge Tort law: generally, 24, 120; and revenge porn being disproportionately directed porn litigation, 42, 88; and workplace at women, 17; on the ineffectiveness of sexual harassment, 97; remedies, 121, law enforcement in dealing with cyber 128–129, 140; and the revenge porn harassment, 21; on anonymity victim, 140; and the First Amend- facilitating cyber hate, 58, 59, 60; on ment, 180, 192, 207, 215. See also the escalation of sexual harassment in Defamation; Libel; Public disclosure online forums, 64; on group facilita- of private fact tion of hate, 65; on stalking incidents Toups, Hollie, 168, 173 on college campuses, 84; on women Transient anonymity, 107 withdrawing from online life, 126; on Trivialization: and blaming victims, 74, revenge porn victims’ self-shots, 149; 77–78; and the virtual Wild West, on self-governance online, 240; on 79–80; and equating cyber harassment parental involvement in their children’s with harmless pranks, 80–81; of sexual online life, 243; on lack of public harassment and domestic violence, understanding of social media 80–83 websites’ privacy settings, 245 Trolling: generally, 52; websites devoted to, 52–54; memes, 52; cliques, 53 Suicide: and cyber harassment, 11, 52, 149, Trolls: “weev,” 37, 54; doxing, 53. See also 187–188; troll encouragement of, 54, 66 Personal information, revealing of True threats: First Amendment doctrine, Sunstein, Cass, 63, 196 25–26, 190–191, 200, 201, 202; Surveillance: and stalking, 24; and nude photos, 145–146, 186–187; domestic surveillance age, 224, 225 Swearer, Susan, 246

Index 343 definition of, 124–125; Virginia v. Weiner, Anthony, 151, 211 Black, 201; and the tech blogger, 202; Wells, Bekah, 106 and the revenge porn victim, 202–203; West, Robin, 16–17 and revenge porn litigation, 216, 217, Wikipedia: and James Lasdun, 15; and 218; and anonymity, 223 Twitter: and Anna Mayer, 2; and social the tech blogger, 38; and the law media influence scores, 9; and Caroline student, 40; and Google bombs, Criado-Perez, 21; and the Internet’s 69–71; and blogger accountability, 106, social environment, 56; and Amanda 238; and Anita Sarkeesian, 154; and Hess, 84; and Adria Richards, 113; as self-governance, 236–237. See also a tool for retaliation against cyber Wales, Jimmy harassment victims’ supporters, 118; as Wild West, the Internet as, 19, 26, 74, a vehicle for nude photos, 143; and law 79, 102 enforcement, 144; and Anita Willner, Dave, 232. See also Facebook Sarkeesian, 153; and Section 230, 171; Wisconsin v. Mitchell, 218–220 and Anthony Weiner, 211; and Alyce Without My Consent (WMC), 105 Zeoli, 217 Wojcieszak, Magdalena, 63 Wolf, Chris, 238 United Kingdom, cyber harassment, 9, 21 Women against Revenge Porn, 106 United States v. Cassidy, 217 Working to Halt Online Abuse Unmasking: of pseudonymous (WHOA), 13, 50, 103, 105 message board posters in John Doe Yang, Zoe, 193, 195 subpoenas, 42; of victims’ blog readers, YouTube: and Amanda Todd, 11; 117 “It Gets Better,” 62; and cruelty Valenti, Jessica, 6 competitions, 64–65; and positive Victim blaming, 49, 77, 78 information cascades, 68; and the Arab Video Privacy Protection Act, 148 Spring, 68; as a vehicle for cyber Violence against Women Act (VAWA), harassment, 86; and Section 230, 171; as a digital gatekeeper, 226, 227; 103, 104, 159 community guidelines of, 230, 231; Violentacrez, 65. See also Cyber mobs content policies of, 232, 233, 235; and Virginia v. Black, 201 Steubenville rape case, 244 Volokh, Eugene, 211, 218 Yu, Harlan, 165. See also Anonymity Wales, Jimmy, 106. See also Wikipedia Zittrain, Jonathan, 165. See also Warren, Samuel, 146 Anonymity