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Oxford Cyber Harassment

Research Symposium

Oxford, March 2014

By Jonathan Bishop

YouTube if

you want to:

The la

dy's not fo

r blogg

ing

Using 'b

leasures' a

nd 'motifs

' to su

pport multim

edia forensic

analyses o

f harassm

ent by s

ocial m

edia

FORENSIC LINGUISTICS, COMPUTER FORENSICS

OR MULTIMEDIA FORENSICS?

Forensic Linguistics

- The study of language and the law, covering topics from legal language and

courtroom discourse to plagiarism (Routledge Handbook of Forensic Linguistics).

Computer Forensics

- The collection of techniques and tools used to find evidence in a computer (Mark

Reith, Clint Carr, Gregg Gunsch)

Multimedia Forensics

- Multimedia forensics is not computer forensics (Thomas Gloe, Rainer

Böhme, Rainer Poisel, Simon Tjoa, Matthias Kirchner, Simson Garfinkel)

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WHY MULTIMEDIA FORENSICS? AND WHY ME?

• My meta-narratives of ecological cognition and beyond (2005-)

• The six binary opposition forces (originally 5)

• social-antisocial, order-chaos, vengeance-forgiveness, existential-thanatotic,

surveillance-escape

• The six cognitions (originally 5)

• Coding conventions (i.e. goals, plans, values, believes, interests, detachments)

• The threes, sixes and twelves

• Naming conventions (e.g. e.g. character theories and posting types)

• My degrees in multimedia studies (2002) and information systems (2011)

• Ethnomethodology

• (originally M-MARS)

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INTRODUCING BLEASURE & MOTIF

Bleasure

- King v Bristow Helicopters Ltd

- Caroline Criado-Perez

Motif

- DPP v Collins, DPP v Chambers, DPP v Collins

- Crown Prosecution Service guidance

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Bleasure is an English translation of ‘blessure,’ which refers to a physical or mental

injury with long-term consequences. Motif is another French term that refers to

the existence of an artefact or article that can be used to prove an event

occurred.

THE ROLE OF POSTING TYPES AND INTERFACE CUES

FOR ABSTRACTING BLEASURES AND MOTIFS

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Stimulus type (Post

type)

Examples of interface cue Guidance for use as mediating artefacts

Social (Snacking) ‘group identity1’, ‘fun2’,

‘love2’

Users do perform snacking offer short bursts of content and consume a lot too. If done by

Flirts it can be supportive of a person or group, but if done by Snerts antoganistic to one

person or the group they belong to.

Emotional (Mobiling) ‘punishments2’, ‘rewards2’ Mobiling is where users use emotions to either become closer to others or make a distance

from them.

Cognitive (Trolling) ‘levels1’, ‘learning2’,

‘points2’

Trolling as a more generic pursuit seeks to provoke others, sometimes affect their kudos-

points with others users.

Physical (Flooding) ‘power1’, ‘mastery2’ Flooding is where users get heavily involved with others uses by intensive posting that aims

to use the person for some form of gratification.

Visual (Spamming) ‘leader-boards1’, ‘badges2’ Spamming, often associated with unsolicited mail, is in general the practices of making

available ones creative works or changing others to increase the success of meetings one’s

goals.

Relaxational (Lurking) ‘meaning2’, ‘autonomy1’ Lurking is enacted by those on the periphery of a community. Their judgements for not

taking part often relate to a lack of purpose or control.

Posting types are useful for identifying which posts are bleasures

Interface cues are useful for classifying the motifs for those posts

1

2

POLITICIANS

- Sally Bercow- Sex offender claims

- Esther McVey- “racy” images

ACTIVISTS

- Caroline Criado-Perez- “rape” threats and chauvanism

- Salme Yaqoob- Speaking on ‘male rape’

LET US TALK ABOUT SEX TWEETY:

PROMINENT WOMEN IN THE NEWS IN 2013

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CONSIDERING MOTIF’S ON YOUTUBE – PART 1T

rollin

gty

pe

Sally Bercow Caroline Criado-Perez Esther McVay Salma Yaqoob

Sn

ack

ing

Sail1948: “The truth re Mcpaedophine will come

out after his death. Why did he choose not to sue

Scallywag magazine when they outed him in the

mid 1990's?”

Learnmore: “For most up-to-date news you have to

pay a visit the web and on world-wide-web I found

this website as a best web page for newest

updates.”

HymenDestroyer: “Frankly I would rather

live in a world with minor inconveniences

such as "trolls" on websites that have

mute, block and ignore features than live

in a world where I'm too scared to post

anything online because it might be

considered abuse.”

Graham67626: “Whiny bitch, Twitter

doesn't owe you shit.”

Tommy: “Better than that awful

Bercow woman !”

AE: “This is a self made lady who

has had a successful career in

business and television before

entering politics who should be

proud of her achievements and

proud of these photographs which

are perfectly acceptable. DM A

typical no news Saturday so we will

create a story”

QKP2006: “Good on you Salma,

they tried to silence you and cast

you as hysterical... they

succeeded only in humiliating

themselves and demonstrating

their ignorant bias. You spoke

eloquently, with knowledge and

intelligence. Well done, keep up

the wonderful work!”

Mo

bilin

g

Peter: “Sally Bercow has hired excellent counsel in

William MacCormack QC; she has offered to settle,

she has pleaded her innocence; [...] McAlpine is

making a big fuss over nothing and he is acting

like a ********** *******-** ******* ….

[*innocent face*]”

Karaner Karan: “bitch is fucking retarded.

you only need the kitchen bitch.”

Landless Peasant: “I could

Photoshop a bag ov er her head.”

bengali289: “Salma why do u give

a crap about british troops they

are killing muslim u fool!”

Tro

llin

g

Harry: “*innocent face*”

hoppinonabronzeleg: “But why so litiginous. Has

he something to hide. Clearly a lot of web users

seem to think so. Remember Jeffrey Archer sueing

the Star?”

Joebstarsurfer: “Caroline Criado-Perez is a

freelance journalist, When a story seems

abit odd i like to look at who the people

are.Its another twit set again.Gawd.”

TrueBlogge777: “I suppose she

had other career options to be fair.”

1ScouserNProud1: “Piers morgan

couldnt lick much more arse if he

tried, what a twat!”

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CONSIDERING MOTIF’S ON YOUTUBE – PART 2T

rollin

gty

pe

Sally Bercow Caroline Criado-Perez Esther McVay Salma Yaqoob

Flo

od

ing

Loverat: (Blog A, 1): “What tips the balance clearly

against RMPI is the alleged £50K demand from

Sally Bercow” (2) “I presume from what you say

that you accept Bercow libelled McAlpine-and the

point at issue is damages.” (3) “Well, we all know

the outcome so probably not alot of point in adding

further comment now Sally

Bercow has decided to give up.”

(Blog B, 1): “Excellent article. Carter Ruck might

also take note of this.” (2) “You cannot demand

such sums from individuals as though their

contribution was the sole or main cause of the

damage.”

AWResistance: “Feminism = Socialism

Feminism = Collectivism Feminism =

Statism Feminism = Delusion Feminism =

The opposite of Femininity.”

AWResistance: “Patronising and arrogant

middle class white females with a

superiority complex filling their dull lives

with a mission to fuck up common sense

and natural behaviour by creating an

illusory boogeyman (patriarchy, da evil

men) and using it as an excuse to spread

their delusional fruitcakery onto society

through the use of government.”

Obi Wan Kenobi (Blog A, 1) “Oh I

say, minister! The photo shoot

rising Tory star Esther McVey might

rather forget.”

(2) “And was probably refused

entry to TV X as she had political

ambitions in 1999 – however I

don’t see the differnence4 between

TV X and the DWP – They both

stand for fuck and suck!”

(3) “That would be classed as

cruelty to bags!”

craigowler: “Yep...I watched this

programme...my heart went out to

Salma for the way she was

treated by Dumbleby and the

perverted panellists.”

craigowler: “Are you aware that

without highly inflated bonuses,

salaries & recruitment & retention

inducements / US Marine Corps

would be unable to operate in Iraq

& Afghanistan. They rely on

unemployed/penniless working

class Americans to fill the ranks.”

Sp

am

min

g

Zarathustra: “The wife of the Commons speaker is

not normally someone who I’d go out of my way to

admire. When she appeared on Celebrity Big

Brother she struck me as somewhat vain and

publicityseeking. She’s also a former member of

the Oxford University Conservative Association, a

group that I’ve been gleefully sarcastic

(http://notsobigsociety.wordpress.com/2012/08/

10/tv-review-youngbright-

and-on-the-right/) about in the past.”

HaggisHunter154: “Remember that

female mp on twitter with her racist

"voice" but thats ok because shes a

woman and black”

Derek Tucker: (1) “when she

becomes disabled might

understand and she will be

disabled just before she passes

away.” (2)

“likes to be not very nice”

123hunkyhunk 3: “As a British

Muslim myself, I agree with Salma

to a large degree. The Wootten

Basset march is a very

irresponsible and poorly thought

out idea by Al-muhajiround.”

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CONSIDERING MOTIF’S ON TWITTERT

rollin

gty

pe

Sally Bercow Caroline Criado-Perez Esther McVay Salma Yaqoob

Sn

ack

ing

6Marketing: “Be careful what you publish

on social media. It could land you in

court”

JackRiley92: “are you the sad bitch that

is running a campaign to have more

women on banknotes???”

(Isabella Sorley): “f*** off and die you

worthless piece of crap,” “go kill

yourself,” “rape is the last of your

worries”

1markconway: “So being an attractive

woman can be bad for your career? What

utter grubby non-news rubbish from the

Mail.”

JohnEdwards33: “#bbcqt Salma

Yaqoob a woman of substance,

integrity and deeply held principles.

She

would be such a welcome addition to

the House of Commons”

Mo

bilin

g

PckBlue: “SallyBercow libel ruling: Twitter

is no different to real life. People need to

realise this is not a coffee table.”

gangstar14825: “Ha….. open that cunt

wide bitch. You are about to feel da

pain!”

(John Nimmo): “shut up bitch,” “Ya not

that gd looking to rape u be fine", “I will

find you (smiley face),” “rape her nice

ass”.

Margybargy: “Good grief! She looks highly

uncomfortable - wonder whose idea

those shots were.”

westham009: “@SalmaYaqoob finally,

people acknowledge men get raped.

Long overdue, feminists seem to be

ignorant of this fact.”

Tro

llin

g

MissTobiBlog: “Im warning you guys, you

have to be careful of what you tweet lol.

ANYONE who named "that guy" on Twitter

will be sued”

beware0088: “blocked me other account

nice one ;) many more lol”

gangstar14825: nice face shot. “You

need one with more coverage. Ill paint it

white while you beg. To be released LOL”

SpeyeJoe: “Get your tits out for a vote!!

Yes could only be the Mail”

grumpyoldhector: (1)

“@JohnEdwards33 @fauxpaschick

Don't wish the house of

Commons on Salma Yaqoob... the

place will try and corrupt

Her” (2) “I was just

being facetious. She comes across

very well and refreshing”

Flo

od

ing

@veniviedivici: (1)

“@CadizOranges Lord #McAlpine #libel

action against Sally

Bercow formally settled at High Court” (2

”@Pierett600 Lord #McAlpine #libel

action against Sally Bercow formally

settled at High Court”

rapey1: (1) “IF I MEET YOU IN AN ALLEY

YOU WILL DEFINITLEY GET FUCKED” (2)

“I will rape you tomorrow at 9pm… shall

we meet at your house??????” (3) “Good

Morning. Have you reported the Tweets

via 101 or at a Station? If not please do

so.”

shirleykay11: (1) “mp esther mcvey she's

so good at filling in expense forms

cameron promotes her, all in it together”

(2) “IDS_MP NUMBER 2 rising Tory star

Esther McVey might rather forget “

KailashChandOBE: (1) “#bbcqt Salma

Yaqoob again brilliant in defending

GPs. Primary care accounts 4 nine% of

budget but undertake 90% of

activity.#saveournhs” (2) “#bbcqt

Salma Yaqoob brilliant in highlighting

the role of more than 100 peers voting

on section75 having shares\interests

in private firms.”

Sp

am

min

g veronica10001: “@PatrickStrud

guardian.co.uk/commentisfree/… your

article is spot on, we need to be able to

have fun”

TonyW: “We encourage users to report an

account violation of the Twitter rules by

using one of our report form:

support.twitter.com/forms/”

Allchanges: “Could her top be any lower,

& could she lean any further forward?

http://www.mccannfiles.com/id113.html

”

CalumSPlath: “great piece on Salma

Yaqoob and where's next for her,

including a link to her fantastic

#BBCQT performance

http://bit.ly/QrhXnp”

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BURDEN OF PROOF FOR BLEASURES AND MOTIFS

10

TM Type Burden of

Proof

Motif and Bleasure requirements Example penalties

1 P

layt

ime

Inchoate Liability

(Finem facere)

Lowest

Standard

The person has not yet posted a message that

harms others in any way, but needs deterring

from taking up the behaviour.

They need a fine, to pay

compensation or be subject to

other minor signifier of wrong-

doing, such as a warning letter.

2 T

acti

ca

l

Strict Liability

(Animus restituendi)

Lower

Standard

Doesn't matter if the person has not carried

out their threat, the other party feels they will

and its harmed emotionally by this, a course of

conduct has been established.

Depending on the severity they

should pay a higher or lower

fine/compensation. Criminalisation

through a criminal case should be

avoided where possible.

3 S

tra

tegic

Restitutory Liability

(Brevia anticipantia)

Higher

Standard

It doesn't matter if the person says they won't

post bleasure a person or persons, they will

under certain circumstances, thus putting

others at risk of future bleasures, whether

perceived or actual.

They need a strong legal deterrent,

such as a court order or charged

with an indictable offence in order

to reinstate a normal state of mind

for their complainant.

4 D

om

ina

tio

n

Dread Liability

(Ad vita aut

ademptio)

Highest

Standard

The person is going to seriously bleasure the

other person or their property sooner or later,

especially if they breached a court order or

terms of a related sentence following a

bleasure that was remedied.

They need locking up in order to

prevent them committing

inevitable bleasures, including

putting others in fear of being

bleasured (e.g. Quia timet).

Custodial sentence most

appropriate.

ANY QUESTIONS?

• Motif• When a message is/isn’t a motif

• Bleasure• Injuries over the Internet

• Multimedia Forensics• multimedia studies

• Legal Principles• actus reus

• mens reus

• malum reus

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FURTHER READING

Bleasure

• Jonathan Bishop (2014). My Click is My Bond: The Role of Contracts, Social Proof, and Gamification for Sysops to

Reduce Pseudo-Activism and Internet Trolling. In: Jonathan Bishop (Ed.) Gamification for Human Factors Integration:

Social, Educational and Psychological Issues. IGI Global, Hershey, PA.

Harassment Laws

• Jonathan Bishop (2010). Tough on data misuse, tough on the causes of data misuse: A review of New Labour’s

approach to information security and regulating the misuse of digital information (1997-2010). International Review of

Law, Computers & Technology 24(3), pp. 299-303.

• Jonathan Bishop (2012). Scope and Limitations in the Government of Wales Act 2006 for Tackling Internet Abuses in

the Form of ‘Flame Trolling’. Statute Law Review 33 (2), 207-216.

• Jonathan Bishop (2013). The effect of deindividuation of the Internet Troller on Criminal Procedure implementation: An

interview with a Hater. International Journal of Cyber Criminology 7(1), pp. 28-48.

• Jonathan Bishop (2013). The Art of Trolling Law Enforcement: A Review and Model for implementing ‘flame trolling’

legislation enacted in Great Britain (1981-2012), International Review of Law, Computers and Technology 27(3), 301-

318.

Internet Trolling

• Bishop, Jonathan (2013). Examining the Concepts, Issues and Implications of Internet Trolling. IGI Global: Hershey, PA.

• Bishop, Jonathan (2014). Representations of ‘trolls’ in mass media communication: A review of media-texts and moral

panics relating to ‘internet trolling.’ International Journal of Web Based Communities 10(1), 7-24.

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