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Oxford Cyber Harassment Research

SymposiumOxford, March 2014

By Jonathan Bishop

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 bleasuresInterface cues are useful for classifying the motifs for those posts

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POLITICIANS

- Sally Bercow- Sex offender claims

- Esther McVey- “racy” images

ACTIVISTS

- Caroline Criado-Perez

- “rape” threats and chauvanism

- Salma 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 1

Trolling type Sally Bercow Caroline Criado-Perez Esther McVay Salma Yaqoob

Snacking

Sail1948: “The truth re Mcpaedophine will come out after his death. Why did he choose not to sueScallywag 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!”

Mobiling

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!”

Trolling

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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Social/Snacking (Group identity, fun, love)

CONSIDERING MOTIF’S ON YOUTUBE – PART 2

Trolling type Sally Bercow Caroline Criado-Perez Esther McVay Salma Yaqoob

Flooding

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 SallyBercow 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.”

Spamming

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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Social/Snacking (Group identity, fun, love)

CONSIDERING MOTIF’S ON TWITTER

Trolling type Sally Bercow Caroline Criado-Perez Esther McVay Salma Yaqoob

Snacking

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. Shewould be such a welcome addition to the House of Commons”

Mobiling

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.”

Trolling

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 ofCommons on Salma Yaqoob... the place will try and corruptHer” (2) “I was justbeing facetious. She comes across very well and refreshing”

Flooding

@veniviedivici: (1) “@CadizOranges Lord #McAlpine #libel action against SallyBercow 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.”

Spamming

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” 9

Social/Snacking (Group identity, fun, love)

BURDEN OF PROOF FOR BLEASURES AND MOTIFS

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TM Type Burden of Proof

Motif and Bleasure requirements Example penalties

1 Playtime

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 Tactical

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 Strategi

c

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 Dominatio

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 READINGBleasure• 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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