Bio: Dimitris Liakopoulos is an academic researcher. The author has an hindex of 1, co-authored 1 publications receiving 21 citations.
01 Jan 2020
TL;DR: In this article, the authors investigate and analyze new crimes such as sexting, cyberbullying and bulling in a comparative way, focusing on the relationship with minors and legal protection at an international nad European level in this area of criminal law.
Abstract: espanolEste articulo trata de investigar y analizar nuevos delitos como sexting, cyberbullying y bulling de manera comparativa. El ciberbulismo es, de hecho, un termino que incluye una amplia gama de comportamientos diferentes, que muchas veces no cubren figuras criminales castigadas por ningun codigo penal a nivel nacional o internacional. Estas son nuevas fronteras abiertas, elementos que necesariamente deben tenerse en cuenta cuando se trata del lado legal del problema. A pesar de las divergencias cientificas, la multiplicidad mencionada se puede unir al reconocer la presencia de elementos recurrentes como la agresion, la intencionalidad, la repetitividad, junto con el uso obvio de los medios de comunicacion electronicos y digitales. Un aspecto muy importante en estas cifras y nuevos fenomenos es la relacion con los menores y la proteccion legal a nivel internacional y europeo en esta area del derecho penal EnglishThis paper tries to investigate and analyze new crimes such as sexting, cyberbullying and bulling in a comparative way. Cyberbulism is in fact a term which includes a vast range of different behaviors, which many times do not cover criminal figures punishable by any criminal code at national or international level. These are new open frontiers, elements that must necessarily be kept in mind when one comes to the legal side of the issue. In spite of scientific divergences, the aforementioned multiplicity can be brought to unity by recognizing the presence of recurring elements such as aggression, intentionality, repetitiveness, together with the obvious use of electronic and digital communication means. A very important aspect on these figures and new phenomena is the relationship with minors and legal protection at an international nad European level in this area of criminal law
TL;DR: In the wake of a series of high profile episodes of cyber sexual harassment, and a grotesque abundance of low profile ones, a new business model was launched. Promising to clean up and monitor online information to defuse the visible impact of coordinated harassment campaigns, a number of entities began to market themselves as knights in cyber shining armor, ready to defend otherwise defenseless people whose reputations have been sullied on the Internet as mentioned in this paper.
Abstract: Efforts to decrease the sexist aspects of online fora have been largely ineffective, and in some instances seemingly counterproductive, in the sense that they have provoked even greater amounts of abuse and harassment with a gendered aspect. And so, in the wake of a series of high profile episodes of cyber sexual harassment, and a grotesque abundance of low profile ones, a new business model was launched. Promising to clean up and monitor online information to defuse the visible impact of coordinated harassment campaigns, a number of entities began to market themselves as knights in cyber shining armor, ready to defend otherwise defenseless people whose reputations have been sullied on the Internet Of course these companies charge a fee and place particular emphasis on women who they recognize as potential clients. This article raises three concerns about these businesses. First, these companies have economic incentives to foster conditions online that perpetuate acts of online harassment, as the more harassment there is online, the greater the number of potential clients. These companies are also incentivized to create fora with hostile climates and to stir up trouble themselves. Second, these companies have economic incentives to oppose legal reforms that might enable online defamation and harassment victims to seek recourse from law enforcement agencies or through the courts. And finally, though they cloak themselves in the mantel of protectors of the innocent, their real agenda is to sell their services to wealthy corporations and individuals for far more nefarious purposes: to help bad actors hide negative information about themselves. This practice creates information asymmetries that can harm anyone who detrimentally relies on what they incorrectly assume to be the best available information and can lead to increases in the sorts of financial losses and personal vulnerability that access to unmanipulated Internet search results might otherwise reduce.
TL;DR: The legal and social landscape of "revenge pornography" has changed dramatically in the last few years as mentioned in this paper, and the issue of non-consensual pornography has been a hot topic in recent years.
Abstract: The legal and social landscape of “revenge porn” has changed dramatically in the last few years Before 2013, only three states criminalized the unauthorized disclosure of sexually explicit images of adults and few people had ever heard the term “revenge porn” By August 2016, 34 states and Washington DC had criminalized the conduct, federal criminal legislation on the issue had been introduced in Congress, Google, Facebook, and Twitter had banned nonconsensual pornography from their platforms, and the term “revenge porn” had been added to the Merriam Webster dictionary I have had the privilege of playing a role in many of these developments In 2013, I argued that nonconsensual pornography required a federal criminal response and drafted a model statute to this effect That statute served as the template for what eventually became the federal Intimate Privacy Protection Act of 2016, as well as for numerous state laws criminalizing nonconsensual pornography As the Legislative and Tech Policy Director of the Cyber Civil Rights Initiative, I have worked with tech industry leaders, legislators, attorneys, victims, and advocates to develop policies and solutions to combat this abuse This article is an account from the front lines of the legislative, technological, and social reform regarding this evolving problem
TL;DR: For example, this paper found that the main predictors of the risk of seeing or receiving sexual messages online are age (older), psychological difficulties (higher), sensation seeking (higher) and risky online and offline behavior (higher).
Abstract: This article reports new findings on the incidence of risk and the associated experience of harm reported by children and adolescents aged 11–16, regarding receipt of sexual messages on the internet (known popularly as sexting). Findings showed that the main predictors of the risk of seeing or receiving sexual messages online are age (older), psychological difficulties (higher), sensation seeking (higher) and risky online and offline behavior (higher). By contrast, the main predictors of harm resulting from receiving such messages were age (younger), gender (girls), psychological difficulties (higher) and sensation seeking (lower), with no effect for risky online or offline behavior. The findings suggest that accounts of internet-related risks should distinguish between predictors of risk and harm. Since some exposure to risk is necessary to build resilience, rather than aiming to reduce risk through policy and practical interventions, the findings can be used to more precisely target those who experience harm in order to reduce harm overall from internet use.
TL;DR: The application of child pornography laws to teen sexting conduct demonstrates the constitutional overbreadth of the current definition of pornography as discussed by the authors, and therefore, any legislation related to teen sexual speech must be narrowly tailored to protect the minor from harm, or further another compelling state interest.
Abstract: This Article explores child pornography law in relation to teen sexting conduct. Recently, some teens who engaged in teen sexting have been convicted under child pornography laws and have been required to register as sexual predators. The criminalization of teens for developmentally typical behavior, mimicking the conduct of adults, can result in grave harm to most teens. Furthermore, the application of child pornography laws to teen sexting conduct demonstrates the constitutional overbreadth of the current definition of child pornography. Photographs have an emblematic role in society -- capturing and celebrating youth. Moreover, the creation of teen sexting images accompanies a teen's developmental quest for a sexual identity and individuation. Thus, teen sexting images constitute teen sexual speech and are entitled to some degree of constitutional protection, so long as the images are not obscene. The variable obscenity standard of Ginsberg v. New York has since been modified by the Bellotti v. Baird strict scrutiny standard. Thus, any legislation related to teen sexual speech must be narrowly tailored to protect the minor from harm, or further another compelling state interest. This Article tests the author's proposed teen sexting legislation under the Bellotti test.