When Law Frees Us to Speak

A central aim of online abuse is to silence victims. That effort is as regrettable as it is successful. In the face of cyberharassment and sexualprivacy invasions, women and marginalized groups retreat from online engagement. These documented chilling effects, however, are not inevitable. Beyond its deterrent function, the law has an equally important expressive role. In this Article, we highlight law’s capacity to shape social norms and behavior through education. We focus on a neglected dimension of law’s expressive role: its capacity to empower victims to express their truths and engage with others. Our argument is theoretical and empirical. We present new empirical research showing cyberharassment law’s salutary effects on women’s online expression. We then consider the implications of those findings for victims of sexual-privacy invasions

Fighting Cybercrime After \u3cem\u3eUnited States v. Jones\u3c/em\u3e

In a landmark non-decision last term, five Justices of the United States Supreme Court would have held that citizens possess a Fourth Amendment right to expect that certain quantities of information about them will remain private, even if they have no such expectations with respect to any of the information or data constituting that whole. This quantitative approach to evaluating and protecting Fourth Amendment rights is certainly novel and raises serious conceptual, doctrinal, and practical challenges. In other works, we have met these challenges by engaging in a careful analysis of this “mosaic theory” and by proposing that courts focus on the technologies that make collecting and aggregating large quantities of information possible. In those efforts, we focused on reasonable expectations held by “the people” that they will not be subjected to broad and indiscriminate surveillance. These expectations are anchored in Founding-era concerns about the capacity for unfettered search powers to promote an authoritarian surveillance state. Although we also readily acknowledged that there are legitimate and competing governmental and law enforcement interests at stake in the deployment and use of surveillance technologies that implicate reasonable interests in quantitative privacy, we did little more. In this Article, we begin to address that omission by focusing on the legitimate governmental and law enforcement interests at stake in preventing, detecting, and prosecuting cyber-harassment and healthcare fraud

Funding Era Free Speech Theory: Applying Traditional Speech Protection to the Regulation of Anonymous Cyberspace

Abstract Background Blunt trauma is the most frequent mechanism of injury in multiple trauma, commonly resulting from road traffic collisions or falls. Two of the most frequent injuries in patients with multiple trauma are chest trauma and extremity fracture. Several trauma mouse models combine chest trauma and head injury, but no trauma mouse model to date includes the combination of long bone fractures and chest trauma. Outcome is essentially determined by the combination of these injuries. In this study, we attempted to establish a reproducible novel multiple trauma model in mice that combines blunt trauma, major injuries and simple practicability. Methods Ninety-six male C57BL/6 N mice (n = 8/group) were subjected to trauma for isolated femur fracture and a combination of femur fracture and chest injury. Serum samples of mice were obtained by heart puncture at defined time points of 0 h (hour), 6 h, 12 h, 24 h, 3 d (days), and 7 d. Results A tendency toward reduced weight and temperature was observed at 24 h after chest trauma and femur fracture. Blood analyses revealed a decrease in hemoglobin during the first 24 h after trauma. Some animals were killed by heart puncture immediately after chest contusion; these animals showed the most severe lung contusion and hemorrhage. The extent of structural lung injury varied in different mice but was evident in all animals. Representative H&E-stained (Haematoxylin and Eosin-stained) paraffin lung sections of mice with multiple trauma revealed hemorrhage and an inflammatory immune response. Plasma samples of mice with chest trauma and femur fracture showed an up-regulation of IL-1β (Interleukin-1β), IL-6, IL-10, IL-12p70 and TNF-α (Tumor necrosis factor- α) compared with the control group. Mice with femur fracture and chest trauma showed a significant up-regulation of IL-6 compared to group with isolated femur fracture. Conclusions The multiple trauma mouse model comprising chest trauma and femur fracture enables many analogies to clinical cases of multiple trauma in humans and demonstrates associated characteristic clinical and pathophysiological changes. This model is easy to perform, is economical and can be used for further research examining specific immunological questions

A Balance of Convenience: Burden-Shifting Devices in Criminal Cyberharassment Law

As communication using the Internet and electronic media becomes more prevalent, incidents of online harassment have likewise increased. In recent years, the U.S. Congress and state legislatures have enacted new legislation and amended existing criminal statutes to target cyberharassment, also called cyberstalking or cyberbullying. The definition of cyberharassment consequently varies between jurisdictions, particularly with regard to statutory emphasis on the mental state of the accused and the reaction of the victim. This Note argues that the reasonableness and specific intent standards employed by most cyberharassment laws are inadequate to balance the safety interests of victims and the First and Fourteenth Amendment rights of electronic speakers. The Note proposes that cyberharassment statutes be supplemented with burden-shifting devices such as affirmative defenses and nonmandatory presumptions, which have historically been employed in other contexts where the prosecution is procedurally disadvantaged and the details of the crime are peculiarly within the knowledge of the accused. After surveying statutes that have successfully incorporated burden-shifting elements, the Note concludes that real-locating evidentiary burdens increases the efficiency and fairness of cyberharassment law while reconciling the interests of both the victim and the accused

‘The language is disgusting and they refer to my disability’: the cyberharassment of disabled people

Disabled people face hostility and harassment in their sociocultural environment. The use of electronic-communications creates an online context that further reshape this discrimination. We explored the experiences of 19 disabled victims of cyberharassment. Five themes emerged from the study: disability and health consequences, family involvement, misrepresentation of self, perceived complexity, and lack of awareness and expertise. Cyberharassment incidents against disabled people were influenced by the pre-existing impairment, perceived hate-targeting, and perpetrators faking disability to get closer to victims online. Our findings highlight a growing issue requiring action and proper support