The Best American Magazine Writing 2015

by The American Society of Magazine Editors

  After I received my most recent round of threats, I asked Jessica Valenti, a prominent feminist writer (and the founder of the blog Feministing), who’s been repeatedly targeted with online threats, for her advice, and then I asked her to share her story. “It’s not really one story. This has happened a number of times over the past seven years,” she told me. When rape and death threats first started pouring into her inbox, she vacated her apartment for a week, changed her bank accounts, and got a new cell number. When the next wave of threats came, she got in touch with law-enforcement officials, who warned her that though the men e-mailing her were unlikely to follow through on their threats, the level of vitriol indicated that she should be vigilant for a far less identifiable threat: silent “hunters” who lurk behind the tweeting “hollerers.” The FBI advised Valenti to leave her home until the threats blew over, to never walk outside of her apartment alone, and to keep aware of any cars or men who might show up repeatedly outside her door. “It was totally impossible advice,” she says. “You have to be paranoid about everything. You can’t just not be in a public place.”

  And we can’t simply be offline either. When the Time journalist Catherine Mayer reported the bomb threat lodged against her, the officers she spoke to—who thought usernames were secret codes and didn’t seem to know what an IP address was—advised her to unplug. “Not one of the officers I’ve encountered uses Twitter or understands why anyone would wish to do so,” she later wrote. “The officers were unanimous in advising me to take a break from Twitter, assuming, as many people do, that Twitter is at best a time-wasting narcotic.”

  All of these online offenses are enough to make a woman want to click away from Twitter, shut her laptop, and power down her phone. Sometimes, we do withdraw: Pew found that from 2000 to 2005, the percentage of Internet users who participate in online chats and discussion groups dropped from 28 percent to 17 percent, “entirely because of women’s fall off in participation.” But for many women, steering clear of the Internet isn’t an option. We use our devices to find supportive communities, make a living, and construct safety nets. For a woman like me, who lives alone, the Internet isn’t a fun diversion—it is a necessary resource for work and interfacing with friends, family, and, sometimes, law-enforcement officers in an effort to feel safer from both online and offline violence.

  The Polish sociologist Zygmunt Bauman draws a distinction between “tourists” and “vagabonds” in the modern economy. Privileged tourists move about the world “on purpose,” to seek “new experience” as “the joys of the familiar wear off.” Disempowered vagabonds relocate because they have to, pushed and pulled through mean streets where they could never hope to settle down. On the Internet, men are tourists and women are vagabonds. “Telling a woman to shut her laptop is like saying, ‘Eh! Just stop seeing your family,’” says Nathan Jurgenson, a social media sociologist (and a friend) at the University of Maryland.

  What does a tourist look like? In 2012, Gawker unmasked “Violentacrez,” an anonymous member of the online community Reddit who was infamous for posting creepy photographs of underage women and creating or moderating subcommunities on the site with names like “chokeabitch” and “rapebait.” Violentacrez turned out to be a Texas computer programmer named Michael Brusch, who displayed an exceedingly casual attitude toward his online hobbies. “I do my job, go home, watch TV, and go on the Internet. I just like riling people up in my spare time,” he told Adrian Chen, the Gawker reporter who outed him. “People take things way too seriously around here.”

  Abusers tend to operate anonymously, or under pseudonyms. But the women they target often write on professional platforms, under their given names, and in the context of their real lives. Victims don’t have the luxury of separating themselves from the crime. When it comes to online threats, “one person is feeling the reality of the Internet very viscerally: the person who is being threatened,” says Jurgenson. “It’s a lot easier for the person who made the threat—and the person who is investigating the threat—to believe that what’s happening on the Internet isn’t real.”

  When authorities treat the Internet as a fantasyland, it has profound effects on the investigation and prosecution of online threats. Criminal threat laws largely require that victims feel tangible, immediate, and sustained fear. In my home state of California, a threat must be “unequivocal, unconditional, immediate, and specific” and convey a “gravity of purpose and an immediate prospect of execution of the threat” to be considered a crime. If police don’t know whether the harasser lives next door or out in Nebraska, it’s easier for them to categorize the threat as nonimmediate. When they treat a threat as a boyish hoax, the implication is that the threat ceases to be a criminal offense.

  So the victim faces a psychological dilemma: How should she understand her own fear? Should she, as many advise, dismiss an online threat as a silly game and not bother to inform the cops that someone may want to—ha, ha—rape and kill her? Or should she dutifully report every threat to police, who may well dismiss her concerns? When I received my most recent rape and death threats, one friend told me that I should rest assured that the anonymous tweeter was unlikely to take any physical action against me in real life; another noted that my stalker seemed like the type of person who would fashion a coat from my skin and urged me to take any action necessary to land the stalker in jail.

  Danielle Citron, a University of Maryland law professor who focuses on Internet threats, charted the popular response to Internet death and rape threats in a 2009 paper published in the Michigan Law Review. She found that Internet harassment is routinely dismissed as “harmless locker-room talk,” perpetrators as “juvenile pranksters,” and victims as “overly sensitive complainers.” Weighing in on one online harassment case, in an interview on National Public Radio, the journalist David Margolick called the threats “juvenile, immature, and obnoxious, but that is all they are … frivolous frat-boy rants.”

  Of course, the frat house has never been a particularly safe space for women. I’ve been threatened online, but I have also been harassed on the street, groped on the subway, followed home from the 7-Eleven, pinned down on a bed by a drunk boyfriend, and raped on a date. Even if I sign off Twitter, a threat could still be waiting on my stoop.

  Today, a legion of anonymous harassers are free to play their “games” and “pranks” under pseudonymous screen names, but for the women they target, the attacks only compound the real fear, discomfort, and stress we experience in our daily lives.

  If American police forces are overwhelmingly male, the technology companies that have created the architecture of the online world are, famously, even more so. In 2010, according to the information services firm CB Insights, 92 percent of the founders of fledgling Internet companies were male; 86 percent of their founding teams were exclusively male. While the number of women working across the sciences is generally increasing, the percentage of women working in computer sciences peaked in 2000 and is now on the decline. In 2012, the Bureau of Labor Statistics found, women made up just 22.5 percent of American computer programmers and 19.7 percent of software developers. In a 2012 study of 400 California companies, researchers at the University of California–Davis, found that just 7 percent of the highest-paid executives at Silicon Valley companies were women.

  When Twitter announced its initial public offering in October, its filings listed an all-male board. Vijaya Gadde, Twitter’s general counsel, was the only woman among its executive officers. When Vivek Wadhwa, a fellow at Stanford’s Rock Center for Corporate Governance, suggested that the gender imbalance on Twitter’s board was an issue of “elite arrogance” and “male chauvinistic thinking,” Twitter CEO Dick Costolo responded with a joking tweet, calling Wadhwa “the Carrot Top of academic sources.”

  Most executives aren’t intentionally boxing women out. But the decisions these men make have serious implications for billions of people. The gender imbalance in their companies compromises their ability to understand t
he lives of half their users.

  Twitter “has a history of saying ‘too bad, so sad’” when confronted with concerns about harassment on its platform, says Citron, the University of Maryland law professor who studies the emerging legal implications of online abuse against women. The culture of the platform has typically prioritized freewheeling discussion over zealous speech policing. Unlike Facebook, Twitter doesn’t require people to register accounts under their real names. Users are free to enjoy the frivolity—and the protection—that anonymous speech provides. If a user runs afoul of Twitter’s terms of service, he’s free to create a new account under a fresh handle. And the Communications Decency Act of 1996 protects platforms like Twitter from being held legally responsible for what individuals say on the site.

  The advent of the “report abuse” button is a development Citron finds “very heartening.” Allowing people to block an abuser’s account helps women avoid having to be faced with vile and abusive tweets. But our problems can’t all be solved with the click of a button. In some cases, the report-abuse button is just a virtual Band-Aid for a potentially dangerous real-world problem. It can undermine women by erasing the trail of digital evidence. And it does nothing to prevent these same abusers from opening a new account and continuing their crimes.

  When I received those seven tweets in Palm Springs, a well-meaning friend reported them as abusive through Twitter’s system, hoping that action on the platform’s end would help further my case. A few hours later, the tweets were erased from the site without comment (or communication with me). Headlessfemalepig’s Twitter feed was replaced with a page noting that the account had been suspended. Luckily, I had taken screenshots of the tweets, but to the cops working with a limited understanding of the platform, their sudden disappearance only confused the issue. The detective assigned to my case asked me to send him links pointing to where the messages lived online—but absent a subpoena of Twitter’s records, they were gone from law enforcement’s view. If someone had reported the threats before I got a chance to see them, I might not even have been able to indicate their existence at all. Without a proper investigation, I am incapable of knowing whether headlessfemalepig is a one-time offender or the serial stalker who has followed me for many years. Meanwhile, nothing’s stopping headlessfemalepig from continuing to tweet away under a new name.

  It shouldn’t be Twitter’s responsibility to hunt down and sanction criminals who use its service—that’s what cops are (supposedly) for. Twitter has to balance its interests in addressing abusive behavior with its interests in protecting our private information (or that of, say, political dissidents), which means keeping a tight lid on users’ IP addresses and refusing to offer up deleted material to civilians. When I asked how Twitter balances those demands, Nu Wexler, who leads public-policy communications for the company, pointed me to a chart published by the Electronic Frontier Foundation—an advocacy group dedicated to defending the free speech and privacy rights of Internet users—that illustrates the platform’s “commitment to user privacy.” The chart, titled “Who Has Your Back: Which Companies Help Protect Your Data From the Government?,” awards Twitter high marks for fighting for users’ privacy rights in court and publishing a transparency report about government data requests.

  A high score awarded by the Electronic Frontier Foundation communicates to users that their Internet activity will be safe from overreaching government snoops—and post–Edward Snowden, that concern is more justified than ever. But in some cases, the impulse to protect our privacy can interfere with the law’s ability to protect us when we’re harassed. Last year, the Electronic Frontier Foundation came out against an amendment to the Violence Against Women Act. Until recently, the law criminalized abusive, threatening, and harassing speech conveyed over a telephone line, provided the abuser placed the call; the new law, passed in March, applies to any electronic harassment targeted at a specific person, whether it’s made over the telephone or by another means. Critics of the legislation pulled out the trope that the Internet is less real than other means of communication. As the foundation put it, “a person is free to disregard something said on Twitter in a way far different than a person who is held in constant fear of the persistent ringing of a telephone intruding in their home.”

  The Electronic Frontier Foundation—and the tech companies that benefit from its ratings—are undoubtedly committed to fighting government First Amendment abuses. But when they focus their efforts on stemming the spread of anti-harassment laws from outdated media, like landline telephones, to modern means like Twitter, their efforts act like a thumb on the scale, favoring some democratic values at the expense of others. “Silicon Valley has the power to shape society to conform to its values, which prioritize openness and connectivity,” Jurgenson says. “But why are engineers in California getting to decide what constitutes harassment for people all around the world?”

  Tech companies are, of course, fully aware that they need a broad base of users to flourish as billion-dollar businesses. Today women have the bargaining power to draft successful petitions calling for “report abuse” buttons, but our corporate influence is limited, and alternative venues for action are few. Local police departments “have no money,” Jurgenson says, and “it feels unlikely that the government is going to do more anytime soon, so we’re forced to put more pressure on Twitter.” And while an organized user base can influence the decisions of a public, image-conscious company like Twitter, many platforms—like the dedicated “revenge porn” sites that have proliferated on the Web—don’t need to appease women to stay popular. “I call this the myth of the market,” Citron says. “There’s definitely a desire for antisocial behavior. There are eyeballs. And there are users who are providing the content. The market isn’t self-correcting, and it’s not going to make this go away.”

  In a 2009 paper in the Boston University Law Review, Citron proposed a new way of framing the legal problem of harassment on the Internet: She argued that online abuse constitutes “discrimination in women’s employment opportunities” that ought to be better addressed by the U.S. government itself. Title VII of the Civil Rights Act of 1964, which outlawed discrimination based on race, religion, or gender, was swiftly applied to members of the Ku Klux Klan, who hid behind hoods to harass and intimidate black Louisianans from voting and pursuing work. Anonymous online harassment, Citron argued, similarly discourages women from “writing and earning a living online” on the basis of their gender. “It interferes with their professional lives. It raises their vulnerability to offline sexual violence. It brands them as incompetent workers and inferior sexual objects. The harassment causes considerable emotional distress.”

  On the Internet, women are overpowered and devalued. We don’t always think about our online lives in those terms—after all, our days are filled with work to do, friends to keep up with, Netflix to watch. But when anonymous harassers come along—saying they would like to rape us, or cut off our heads, or scrutinize our bodies in public, or shame us for our sexual habits—they serve to remind us in ways both big and small that we can’t be at ease online. It is precisely the banality of Internet harassment, University of Miami law professor Mary Anne Franks has argued, that makes it “both so effective and so harmful, especially as a form of discrimination.”

  The personal and professional costs of that discrimination manifest themselves in very real ways. Jessica Valenti says she has stopped promoting her speaking events publicly, enlisted security for her public appearances, signed up for a service to periodically scrub the Web of her private information, invested in a post-office box, and begun periodically culling her Facebook friend list in an attempt to filter out readers with ulterior motives. Those efforts require a clear investment of money and time, but the emotional fallout is less directly quantifiable. “When people say you should be raped and killed for years on end, it takes a toll on your soul,” she says. Whenever a male stranger approaches her at a public event, “the hairs on the back of my n
eck stand up.” Every time we call the police, head to court to file a civil protection order, or get sucked into a mental hole by the threats that have been made against us, zeroes drop from our annual incomes. Says Jurgenson, “It’s a monetary penalty for being a woman.”

  Citron has planted the seed of an emerging debate over the possibility of applying civil rights laws to ensure equal opportunities for women on the Internet. “There’s no silver bullet for addressing this problem,” Citron says. But existing legislation has laid the groundwork for potential future reforms. Federal civil rights law can punish “force or threat[s] of force” that interfere with a person’s employment on the basis of race, religion, or national origin. That protection, though, doesn’t currently extend to threats targeted at a person’s gender. However, other parts of the Civil Rights Act frame workplace sexual harassment as discriminatory, and requires employers to implement policies to both prevent and remedy discrimination in the office. And Title IX of the Education Amendments of 1972 puts the onus on educational institutions to take action against discrimination toward women. Because Internet harassment affects the employment and educational opportunities of women, laws could conceivably be amended to allow women to bring claims against individuals.

  But it’s hard to get there from here. As Citron notes, the Internet is not a school or a workplace, but a vast and diffuse universe that often lacks any clear locus of accountability. Even if online threats are considered a civil rights violation, who would we sue? Anonymous tweeters lack the institutional affiliation to make monetary claims worthwhile. And there is the mobbing problem: One person can send just one horrible tweet, but then many others may pile on. A single vicious tweet may not clear the hurdle of discriminatory harassment (or repetitive abuse). And while a mob of individuals each lobbing a few attacks clearly looks and feels like harassment, there is no organized group to take legal action against. Bringing separate claims against individual abusers would be laborious, expensive, and unlikely to reap financial benefits. At the same time, amending the Communications Decency Act to put the onus on Internet platforms to police themselves could have a serious chilling effect on all types of speech, discriminatory or otherwise.