Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

WHERE’S THE PORN?

O-ACUHO CONFERENCE SESSION #2

The University of Western Ontario

Monday May 27, 2002

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

SESSION OVERVIEW

Welcome and Background Information A mini-debate on Key Issues - Adam and Bob Small Group Discussions Summary of Discussions The U.W.O. Strategy Wrap-up and Evaluations

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

SEMINAR OBJECTIVES

To explore pro and con arguments related to handling network pornography issues in residence.

To examine the legalities and possible liabilities related to pornography in residence

To share the strategy we have decided to implement at The University of Western Ontario

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

Background Information -Overview

How this all started ... Pornography definitions Sexual Harassment and Poisoned Environment Canadian Charter of Rights and Freedoms Different Types of file sharing

Then Let the Debate Begin!

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

Background Information

It started with informal discussion in the fall on what to do if staff ran across pornographic material on the network.

This blossomed into lengthy meetings involving Housing management, RezNet management, Equity Services and University legal counsel.

We discovered that this was a hot topic that tugged at the emotions and values of participants.

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

Background Information cont’d

There was little hard data and case law that we could refer to, to make an easy decision.

The focus shifted to include all students in residence

There were plenty of opinions on the issues! One of the goals of this seminar is to recreate as

best we can the major issues and view points that were expressed at these meetings.

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

Background Information cont’d Pornography

– is prevalent within our society» magazines and videos at corner stores» readily available on T.V.» the Internet is a well known and popular source

– anecdotally it appears that a significant number of students have porn on their computers and in many (most) cases are sharing it through our networks

What % of your students have porn on their computers?

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

Background Information cont’d

Two Basic types of Pornography:– 1. Criminal

» covered under Criminal Code Sections such as S.163.

» Pertains to obscene material such as child pornography and sex crimes, cruelty and violence

» possession itself can/is a crime

» our policy is clear: it is illegal, it is not tolerated, and we will notify and/or work with police authorities

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

Background Information cont’d

Two Basic types of Pornography:– 2. Non-criminal

» not covered by any criminal statutes

» concerns that it may/does affect the residence community adversely

» concerns that the Ontario Human Rights Code could be violated

» concerns that legal liability could occur

» the focus of our discussion today …

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

Sexual Harassment “Sexual Harassment” includes someone

bothering you by saying or doing unwanted or unwelcome things of a sexual or gender-related nature. This includes displaying sexually offensive pictures.

Includes behaviour that a person knows or ought to know is unwelcome.

Usually involves behaviour that happens frequently over a period of time.

Source: Gov. of Ont. http://www.ohrc.on.ca/

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

Poisoned Environment Sexual harassment can have a bad effect on, or

“poison” the place where you live, work or receive services. Even if the harassment is not directed at you, it can still poison the environment for you or others.

If unwanted or unwelcome things of a sexual or gender-related nature make you or others feel uncomfortable, this could indicate a “poisoned” environment.

Source: Gov. of Ont. http://www.ohrc.on.ca/

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

Canadian Rights and Freedoms

“The Canadian Charter of Rights and Freedoms (section 2b) guarantees that everyone has the fundamental freedoms of “thought, belief, opinion and expression, including freedom of the press and other media of communication”

Source: Department of Justice Canada - Canadian Constitution Act 1982, Charter of Rights and Freedom http://laws.justice.gc.ca/en/const/index.htmls

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

Government of Canada Publication Illegal and Offensive Content on the Internet - The

Canadian Strategy To Promote Safe, Wise And Responsible Internet Use (2001) states:– “Approaches to addressing inappropriate Internet

content must balance the need to protect our citizens with the need to respect democratic rights and freedoms that Canadians hold dear”

– “Canadian parents understand their responsibility to teach their children to be safe, wise and responsible Internet users.”

Source: http://www.connect.gc.ca/cyberwise/

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

Notes on Kazaa, Morpheus etc.

Sharing and retrieving of files is usually anonymous Anyone on the Internet can potentially get access to

files shared from your computer Vast majority of music/video/file sharing is done in

this way You download Kazaa, Morpheus etc. and install it

on your computer to participate in sharing

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

Notes on Network Neighborhood

You are sharing specifically with the other students in your residence community

If you retrieve files, they are from your residence You may know who has made the files available Every computer is named by the owner, for example:

Bob’s computer, room217, pornplace, etc. Network neighborhood comes with the Windows

operating system

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

Debate Caveats

The positions taken in the debate do not necessarily reflect the true opinions, views and arguments of the participants

We are trying to capture the discussion and views of approximately 10 people who participated in the objectionable material discussions

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

Do We Have Jurisdiction to Regulate Pornography in Residence?

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

What are the Effects of Pornography in Our Residences?

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

Are We Responsible and/or Liable for the Pornography on Our Residence Network?

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

Small Group Discussion

Split into 3-4 discussion groups. Quickly identify a spokesperson. Try to come to a consensus on how to answer the

three questions. If there is not consensus, identify the disputed

issue and move on. We will have groups report back after 10-15

minutes.

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

Small Group Discussion

Who is/should be responsible for handling pornography complaints that arise? Will you act upon a complaint? What will you do/not do?

Should you look for pornography proactively? Who will look for it?

Who is liable for what? Can Housing and the University be held liable for non-criminal pornography?

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

Group Results:

Who is/should be responsible for handling pornography complaints that arise? Will you act upon a complaint? What will you do/not do?

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

Group Results:

Should you look for pornography proactively? Who will look for it?

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

Group Results:

Who is liable for what? Can Housing and the University be held liable for non-criminal pornography?

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

U.W.O. Strategy on Handling Porn Widen the approach to include other

objectionable material such as racist and hate literature

Focus on the effect(s) that the objectionable material can have on the students and staff

Strengthen Handbook wording making it applicable in a wide variety of instances - not just network sharing

See handout entitled “Handbook Policies”

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

Handling Concerns The process is complaint driven. The complainant needs to be offended. We are most concerned with someone who might

inadvertently happen upon pornography. We focus on “sharing” that is targeted specifically in the

residence (Network Neighborhood). RezNet will send the offending individual a letter

requesting that s/he cease “sharing” the objectionable material.

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

Handling Concerns cont’d

RezNet Security staff will discuss tough/borderline issues with the Residence Life Management Team

If the offender does not cease sharing the offensive material, the case is handed over to the Residence Life Team for follow up

Cases where individuals have gone out of their way to be offended, may be handled differently

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

SEMINAR OBJECTIVES

To explore pro and con arguments related to handling network pornography issues in residence.

To examine the legalities and possible liabilities related to pornography in residence

To share the strategy we have decided to implement at The University of Western Ontario

Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

THANK YOU!