Hate Crimes in Cyberspace.pdf

Hate Crimes in Cyberspace
Hate Crimes in
Cyberspace
Danielle Keats Citron
HARVARD UNIVERSITY PRESS
Cambridge, Massachusetts, and London, En gland
2014
Copyright © 2014 by the President and Fellows of Harvard College
All rights reserved
Printed in the United States of America
First Printing
Library of Congress Cataloging- in- Publication Data
Citron, Danielle Keats, 1968–
Hate crimes in cyberspace / Danielle Keats Citron.
pages cm
Includes bibliographical references and index.
ISBN 978-0- 674-36829- 3 (alk. paper)
1. Cyberbullying. 2. Cyberstalking. 3. Hate crimes. 4. Computer crimes.
I. Title.
2014
'4678–dc23 2014008325
For my family
Contents
Introduction 1
Part One: Understanding Cyber Harassment
1 Digital Hate 35
2 How the ’s Virtues Fuel Its Vices 56
3 Th e Problem of Social Attitudes 73
Part Two: Moving Forward
4 Civil Rights Movements, Past and Present 95
5 What Law Can and Should Do Now 120
6 Updating the Law: Th e Harassers 142
7 Legal Reform for Site Operators and Employers 167
8 “Don’t Break the ” and
Other Free Speech Challenges 190
9 Silicon Valley, Parents, and Schools 226
Conclusion 251
Notes 257
Acknow ledg ments 329
Index 331
Introduction
During the summer of 2008, “Anna Mayer” was getting ready to begin
her fi rst semester in graduate school. In her spare time, she wrote a
pseudonymous blog about her weight struggles, body accep tance, and
other personal issues. She enjoyed interacting with her readers -
menting on other blogs; it provided a support system and sounding
board for her ideas.
Before school began, she searched her name and found posts describ-
ing her as a “stupid, ugly fat whore” who “couldn’t take a hint from a
man.” Anonymous posters listed her e-mail address, phone number, and
dating site profi les. She received e-mails warning that the authors knew
where she lived. Posters “outed” her as the author of her pseudonymous
blo