Cyber Harassment and the Law

On Point: Cyber Harassment and the Law

Cyber bullies verbally savaged two Yale law students. The women fought back. Their case may change the rules on what you can say online.

Cyber-bullying is too mild a term for some of what goes on in the rougher corners of the Internet.

When anonymous online attackers went after two young women at Yale Law School, it had the feel of a gang beating. Maybe worse. Brutal. Obscene. Relentless. And done, it seemed, for fun.

Now the women have pushed back in the courts. Defendants say it’s not their attacks but free speech that’s really under fire. The case may change what you can and cannot say online.

From National Public Radio — On Point: Mob psychology, harassment on the web, and how one case may change the rules.

Have you seen it? Bullying? Harassment? A mob attack online? Can it, does it, go too far? What about free speech?

Tom Ashbrook hosts an hour-long discussion on National Public Radio with his guests:

• David Margolick, contributing editor at Portfolio magazine. His article “Slimed Online,” about the case of the two Yale law students, appears in the March issue.
  
• Danielle Citron, professor of law at the University of Maryland. She has written extensively on cyber harassment and the law.
  
• Anthony Ciolli, University of Pennsylviania Law School graduate and former administrator of the online forum AutoAdmit.
  
• Marc Randazza, attorney who represented Anthony Ciolli. He has commented on the case on his blog.

The program aired live this morning on NPR. The audio archive is now available.

How Wikiversity Teaches 21st Century Youth to Adopt Antiquated Political Processes

Liminal Social Drama is what occurs in a community when there is a Breach of Expectations. Here are portions of the Liminal Social Drama that erupted on Wikiversity when Custodian SB_Johnny departed from established policy to initiate an exercise known as a Parliamentary Bill of Attainder.

Collegiality

I kind of like "collegiality" since it has both an egalitarian sense and an academic sense. It's also not the name of a policy, which might be better as well. --SB_Johnny ^talk 17:47, 27 January 2009 (UTC)

I defy anyone to find so much as an ounce of collegiality in yesterday's sham (and atrociously scripted) Bill of Attainder.

Thomas Jefferson was demonstrating collegial insight when he led the civilized world in abandoning Bill of Attainder, having recognized that it's a corrosive and corrupt tool of government that inevitably sinks any regime that comes to rely on it. Shortly after the Founders outlawed Bill of Attainder in Article I of the US Constitution, the British followed suit, abandoning both Parliamentary Bill of Attainder and Monarchial Bill of Attainder.

It's disturbing to witness you and other misguided officials reintroducing this antiquated relic from the rubbish heap of political history into the current practices of Wikiversity. Is this the kind of unwise practice you wish to teach to impressionable youth of the 21st Century? Can you imagine what would happen to anyone who tried to adopt and employ that hoary and unsustainable practice in the real world of an authentic 21st Century learning organization?

Moulton 13:49, 29 January 2009 (UTC)

Comments inappropriately deleted from Wikiversity discussion

KillerChihuahua, please feel free to create a learning set of pages expressing your points of view. Deleting other people's points of view is a poor way of creating learning resources. This is Wikiversity, not Wikipedia. WAS 4.250 10:30, 28 January 2009 (UTC)

I heartily endorse the above advice of WAS 4.250. KC's uncollegiate practice of summarily deleting valid scholarship is an unacceptable practice in an authentic learning community. Time and again we have urged her to craft her own alternative theses, and then to defend them with evidence, analysis, and reasoning, per the protocols of scholarly ethics. —Moulton 10:41, 28 January 2009 (UTC)

Due to recent issues regarding Moulton it doesn't seem wise to remove those pages yet, until a decision is made on the Community Review - if the Verizon, M.I.T. and other internet/security providers does become involved they may want to view these pages, I suggest you wait for the time being. Dark Obsidian^{@en.Meta-Wiki} 10:51, 28 January 2009 (UTC)

In fact, all the pages deleted by Jimbo, Darklama, Mike Umbricht, Mike Ingram, et al, should be restored so that impartial professionals may review them, per Dark Obsidian's wise and urgent suggestion. To my mind, the more public eyes on the case, the better for everyone. —Moulton 11:00, 28 January 2009 (UTC)

Of course KC has an interest because she's among the subjects of the investigation. You (JWS) also have an interest as one of the authors. Having an interest doesn't necessarily entail a conflict of interest. She has just as much right to share her views as you do. --SB_Johnny ^talk 14:52, 29 January 2009 (UTC)

Moulton, WAS 4.250, and JWSchmidt continually prompted KC to submit her version of events and support them with evidence, analysis, and reasoning, per the protocols of Policy on Scholarly Ethics. Instead, she consistently edited, redacted, or deleted the signed contributions of other scholars. In the Scientific Method, it is customary to examine multiple alternative theses, hypotheses, or models and then to undertake to falsify each of them with evidence, analsysis, and scientific reasoning. I hypothesize that the reason KC declined to submit her own independent alternative version was because she knew (or feared) that Moulton or JWSchmidt would trivially falsify it, just as they demolished her specious, vacuous, and trivially falsifiable reasons for the original indef block of Moulton. And I hypothesize that the reason she redacted the analyses of Moulton and JWSchmidt was because she could not properly falsify them by means of scientific methods of peer review. In short, KC appears to be woefully unfamiliar with the protocols of the scientific method when it comes to crafting or examining alternative hypotheses or theories. —Barsoom Tork 16:00, 29 January 2009 (UTC)

Kangaroo Court

This isn't a court, it's a discussion of options to be taken by a community that's rapidly shrinking and seriously needs to move on. It is completely inappropriate for you to accuse the people participating in this discussion of acting in bad faith.

You've already made it clear that you don't like the process. Point taken, so please respect people's right share their views, and to have their views taken seriously. --SB_Johnny ^talk 21:07, 29 January 2009 (UTC)

It's a sham Parliamentary Bill of Attainder, Johnny. And you should be ashamed of yourself for convening such an outrage to 21st Century education. —Montana Muse 21:47, 29 January 2009 (UTC)

Ethical Values and Quality Control in the Digital Era

Bob Steele at Poynter sees a significant erosion of ethical standards. Blogs, Tweets, social networking, citizen-submitted content and multi-media storytelling offer great promise, he writes—but they also carry considerable peril.

Blogger Ethics

If Bloggers Had No Ethics Blogging Would Have Failed, But it Didn't. So Let's Get a Clue.

"Those in journalism who want to bring ethics to blogging ought to start with why people trust (some) bloggers, not with an ethics template made for a prior platform operating as a closed system in a one-to-many world."

-- from Jay Rosen's blog, Press think.

Wow - this just in

Larry Lessig is leaving Stanford for Harvard to head up an ethics center whose focus is the collapse of trust -- see http://futureoftheinternet.org/lessig-news.

(h/t Jay Rosen, NYU)

Wikiversity Follies

The resident scholars of Wikiversity have declined to address these issues within their own community.

ArbCom Review of FeloniousMonk

The Wikipedia Administrator, FeloniousMonk, who relied on the unexamined testimony of Don Hopkins and Bela in his scathing indictment of Moulton, has been unanimously adjudged by the Wikipedia Arbitration Committee (ArbCom) as guilty of corruption and gross violations of policy, including "meritless accusations against other editors on multiple occasions."

Moulton 21:11, 22 September 2008 (UTC)

Do you feel vindicated? Do you think you can stop fixating so much on this and move on to helping improve things yet? Ottava Rima (talk) 03:07, 23 September 2008 (UTC)

No, I do not feel vindicated. Here are two items of evidence for that:

“

(09/22/2008 11:14:24 PM) Caprice: So far, only Privatemusings has responded to your ethics exercise. (11:16:50 PM) Ottava: I told everyone to stop and I halted it because of your actions and continued crusade on your talk page (11:16:59 PM) Ottava: I told you that you had to devote yourself to the process or I would stop it (11:17:03 PM) Ottava: and you failed on your end (09/23/2008 07:01:22 AM) Caprice: Are you saying you told everyone to discontinue civil discourse with Moulton? (07:01:22 AM) Ottava is not logged in

”

“

From: Moulton To: NewYorkBrad, James Forrester Cc: PrivateMusings, Cla68, Viridae, DTobias, Sam Korn Date: Tue, Sep 23, 2008 at 7:37 AMV Subject: Please remediate the harm to the reputations of those sorely mistreated by rogue administrators. In view of this finding by ArbCom... “ 2.1) FeloniousMonk has repeatedly shown poor judgement since becoming an administrator, both in using his administrative tools ([43]) ([44]); and engaged in a variety of disruptive and unseemly conduct, including threats ([45]); personal attacks, incivility and assumptions of bad faith ([46]), and has made meritless accusations against other editors on several occasions ([47]). ” ...I request that ArbCom expressly undertake to remediate the damage to the reputation and good name of others who were inappropriately harmed by the pattern of conduct delineated in the above cited Paragraph 2.1. Please give us back our good name. Barry -- The Process of Enlightenment Works In Mysterious Plays.

”

I will feel vindicated if and when the serious scholars here eschew the unbecoming, unprofessional, unwise, unwarranted, and unsustainable culture of incivility, narcissistic wounding, anankastic conditionals, binding, gagging, and kicking people, and petulantly refusing to adopt and abide by the sensible protocols of scholarly ethics.

Moulton 12:06, 23 September 2008 (UTC)

Community-Wide Peer Review of Exceptional Practices

There is underway a community-wide peer review of exceptional practices that I would like to participate in, both as plaintiff and as a defendant in regard to the collection of practices currently under review.

• With respect to Case #33, where I am named as a miscreant, I would like to be afforded a fair opportunity to respond to my critics, in the venue where they lodge their criticism, at the time they lodge them, so as to maintain timely continuity of the discourse there, in accordance with the protocols of scholarly ethics.

• With respect to Case #34 where I am accused of engaging in collaborative studies and collaborative research with another scholar, I would like to be afforded a fair opportunity to respond to my critics, in the venue where they lodge their criticism, at the time they lodge them, so as to maintain timely continuity of the discourse there, in accordance with the protocols of scholarly ethics.

• With respect to Case #40, I would like to add my name as an aggrieved party and plaintiff, and name Cary Bass, Jimbo Wales, Cormaggio, McCormack, SB_Johnny, Centaur of Attention, Salmon of Doubt, Jim62sch, KillerChihuahua, Sxeptomaniac, and Guillame Paumier as respondents who have, at times (and in varying degrees of impropriety) acted in a lamentably uncongenial, uncollegial, unscholarly, unprofessional, unethical, unbecoming, incivil, and ultimately unsustainable manner so as to alienate, aggravate, disturb, annoy, frustrate, dispirit, vex, and perplex me (and perhaps other scholars engaged in their quiet studies) beyond reasonably tolerable levels of adaptation to a hostile learning environment whilst I am striving to address and solve nearly intractable ethical conundrums and dilemmas.

Moulton 13:35, 18 September 2008 (UTC)

You can add my name to the list above if you are going to seriously add Cormaggio, McCormack, or SB Johnny. I've yelled at you plenty of times over many of your actions and have told you straight up when I thought you were far over the line. Ottava Rima (talk) 13:43, 18 September 2008 (UTC)

As long as you understand that this is not an indictment in which I seek harsh sanctions or punishments (such as spanking or gagging or other forms of S&M bondage), then I would be happy to include you in a scholarly peer review of the issues raised in these three cases involving elements of candor, collaboration, and inclusion. —Moulton 18:58, 18 September 2008 (UTC)

I feel that any complaint that you file against the aforementioned names should also include me. I was directly involved as one of the 3 bureaucrats that supported your block from this site. I also participated in the decision to kickban you out of the #wikiversity-en irc channel. But, it is really up to you if you feel that these constitute a complaint for #40. I just wanted to remind you of these things in the name of a thorough and balanced review. --mikeu ^talk 20:15, 18 September 2008 (UTC)

Mike, as long as you understand that this is not an indictment in which I seek harsh sanctions or punishments (such as spanking or gagging or kicking or other forms of S&M bondage and discipline), then I would be happy to include you in a scholarly peer review of the issues raised in these three cases involving elements of candor, collaboration, and inclusion in the sober process of conflict resolution.

In particular, I would like to propose a scholarly examination and peer review of the following two scientific hypotheses:

• H₀:Benign AGF (Assume Good Faith) that nothing sinister, nothing unusual, nothing extraordinary has happened here in Wikiversity or in the associated IRC channels.

• H₁:Speculative (and as yet unproven) hypothesis that "an unknown number of (unidentified) admins requested that Jimbo be the one to make the block" on the (reliable) theory that there would then not be an immediate consensus to overturn the block, even if the consensus were that it was inappropriate for Jimbo to have been asked to make the block on their behalf (and improper for him to have acceded to doing so).

H₁ is a falsifiable and testable hypothesis, so I have (elsewhere) proposed a simple experiment to test it. Those here who are systems scientists, can figure out the experimental test without much difficulty. Those here who are actors in a constructed reality soap opera will probably have little or no idea what I'm talking about.

So far, the acknowledged actions of the majority of resident scholars here has reified (rather than refuted) H₁. It is still possible for H₁ to be falsified, but to the best of my knowledge and awareness, that has not yet happened as of this moment in the remarkable history of Wikiversity.

Moulton 12:35, 23 September 2008 (UTC)

The Fearsome Basilisque

Moulton's blog

If Moulton were of a mind to remove whatever content is hosted on his blog that is causing it to be unacceptable to link to it, what would he have do to accomplish this? —Random832 17:43, 8 August 2008 (UTC)

I suggest you contact the enwikiversity community to discuss this. Cary Bass ^demandez 18:55, 8 August 2008 (UTC)

It's a "foundation directive"; I don't see how the community is relevant. —Random832 19:49, 8 August 2008 (UTC)

Where do you see any directive by the Foundation? If you have a problem with the Wikiversity community you need to discuss it with them. Cary Bass ^demandez 20:15, 8 August 2008 (UTC)

http://en.wikiversity.org/w/index.php?title=User:Moulton&diff=prev&oldid=303375 Edit summary "per foundation directive". —Random832 03:15, 10 August 2008 (UTC)

That edit summary is erroneous. There is no "foundation directive". The English Wikiversity, like every other active project is autonimous. If you want an answer on this, discuss the matter with the individual who performed that edit. Cary Bass ^demandez 15:58, 11 August 2008 (UTC)

If there is no operative "Foundation directive" and no applicable local policy at Wikiversity, then the links are not in violation of any directive or applicable policy. But in any event, there is no "outting" on them anyway. That's a ridiculous canard ginned up by the person leveling the complaint. Even if there were an applicable policy, it would still be necessary to demonstrate that the complaint is valid. The party lodging the complaint has a long history of such sham acts. —Moulton 23:28, 12 August 2008 (UTC)

Further discourse from Wikiversity

“

My own personal opinion (based on private discussions with a number of Wikiversitans) is that Wikiversity is still in development and that it's certainly not large enough to absorb the fractious drama inevitably generated by the "Wikipedia Ethics" project, which, given its current state could not possibly move beyond personal agenda-driven soliliquys. For the Wikiversity remain engaged in it is to risk further alienating the remaining project leaders and will erode any community left. Moulton has continuously demonstrated that he is only interested in his own ends, achieved only by "outing" people on the Wikipedia project and, quite likely, anyone who wants to disagree with him too vehemently. No project based on that sort of bullying and fearmongering can possibly succeed. Bastique 18:07, 18 September 2008 (UTC) Bullies and fear-mongers should be indef blocked and not allowed to chase off the rest of us. Both here and at Wikipedia. If Wikipedia had had more arbcom decisions like w:Wikipedia:Requests for arbitration/C68-FM-SV/Proposed decision, then this ethics project would never have been needed. WAS 4.250 09:18, 19 September 2008 (UTC)

I would like some help in reviewing Bastique's soliloquy, above, as I am unclear on his agenda.

I agree with the sentiment that there is a systematic program of alienation underway at Wikiversity. I propose we review the sources, causes, and time-dynamics of that process of alienation.

Although Cary Bass and I have had zero direct communication, he has nonetheless tendered his remarkably original theory of mind regarding my interests, methods, and objectives. I am unclear how Cary could form such a haphazard theory of mind. Upon what evidence, reasoning, or analysis does his curious theory repose?

Finally, what is the name of the fear that Cary is projecting in his fascinating soliloquy on Cormaggio's subpage?

Moulton 12:52, 19 September 2008 (UTC)

The 9/11 Report

Today is 9/11 the seventh anniversary of one of the most notorious terror attacks in recent memory.

Today is 9/11, the first anniversary of one of the most notorious terror attacks in recent Wikipedian memory.

Yes, it was exactly one year ago today that KillerChihuahua (Tracy Walker) executed an indefinite block of this writer on the English Language Wikipedia, on the grounds that I had "no interest in writing an encyclopedia" (notwithstanding the fact that I was already the co-author of one article in a prestigious print encyclopedia ("Electronic (Virtual) Communities"), and subsequently the author of 20 articles in Google Knol.

And here we are, exactly one year later, and KillerChihuahua is still defending her disgraceful actions of a year ago, acting as an agent of the WikiClique on Intelligent Design (IDCab) — 14 allied editors who acted in concert as Plaintiff, Arresting Officer, Bailiff, Witness, Judge, Jury, and Executioner, all in the space of one week (September 4th to September 11th, 2007).

The evidence of corruption in the ethically challenged editors of IDCab has been accumulating for over a year now, and yet the erratic and dysfunctional community at the English Language Wikipedia still cannot decide the case.