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Perpetrators of technology-facilitated gender-based violence are taking advantage of increasingly automated and sophisticated privacy-invasive tools to carry out their…
Perpetrators of technology-facilitated gender-based violence are taking advantage of increasingly automated and sophisticated privacy-invasive tools to carry out their abuse. Whether this be monitoring movements through stalkerware, using drones to nonconsensually film or harass, or manipulating and distributing intimate images online such as deepfakes and creepshots, invasions of privacy have become a significant form of gender-based violence. Accordingly, our normative and legal concepts of privacy must evolve to counter the harms arising from this misuse of new technology. Canada's Supreme Court recently addressed technology-facilitated violations of privacy in the context of voyeurism in R v Jarvis (2019) . The discussion of privacy in this decision appears to be a good first step toward a more equitable conceptualization of privacy protection. Building on existing privacy theories, this chapter examines what the reasoning in Jarvis might mean for “reasonable expectations of privacy” in other areas of law, and how this concept might be interpreted in response to gender-based technology-facilitated violence. The authors argue the courts in Canada and elsewhere must take the analysis in Jarvis further to fully realize a notion of privacy that protects the autonomy, dignity, and liberty of all.
The reality of domestic violence does not disappear when people enter the digital world, as abusers may use technology to stalk, exploit, and control their victims. In…
The reality of domestic violence does not disappear when people enter the digital world, as abusers may use technology to stalk, exploit, and control their victims. In this chapter, we discuss three unique types of technological abuse: (1) financial abuse via banking websites and apps; (2) abuse via smart home devices (i.e., “Internet of Things” abuse); and (3) stalking via geo-location or GPS. We also argue pregnancy and wellness apps provide an opportunity for meaningful intervention for pregnant victims of domestic violence.
While there is no way to ensure users' safety in all situations, we argue thoughtful considerations while designing and building digital products can result in meaningful contributions to victims' safety. This chapter concludes with PenzeyMoog's (2020) “Framework for Inclusive Safety,” which is a roadmap for building technology that increases the safety of domestic violence survivors. This framework includes three key points: (1) the importance of educating technologists about domestic violence; (2) the importance of identifying possible abuse situations and designing against them; and (3) identifying user interactions that might signal abuse and offering safe interventions.
When discussing the term “technology-facilitated violence” (TFV) it is often asked: “Is it actually violence?” While international human rights standards, such as the…
When discussing the term “technology-facilitated violence” (TFV) it is often asked: “Is it actually violence?” While international human rights standards, such as the United Nations' Convention on the Elimination of All Forms of Discrimination against Women (United Nations General Assembly, 1979), have long recognized emotional and psychological abuse as forms of violence, including many forms of technology-facilitated abuse (United Nations, 2018), law makers and the general public continue to grapple with the question of whether certain harmful technology-facilitated behaviors are actually forms of violence. This chapter explores this question in two parts. First, it reviews three theoretical concepts of violence and examines how these concepts apply to technology-facilitated behaviors. In doing so, this chapter aims to demonstrate how some harmful technology-facilitated behaviors fit under the greater conceptual umbrella of violence. Second, it examines two recent cases, one from the British Columbia Court of Appeal (BCCA) in Canada and a Romanian case from the European Court of Human Rights (ECtHR), that received attention for their legal determinations on whether to define harmful technology-facilitated behaviors as forms of violence or not. This chapter concludes with observations on why we should conceptualize certain technology-facilitated behaviors as forms of violence.
This chapter examines technology-facilitated violence from the perspective of international human rights law. It explores current research relating to…
This chapter examines technology-facilitated violence from the perspective of international human rights law. It explores current research relating to technology-facilitated violence and then highlights the international human rights instruments that are triggered by the various forms of such violence. Ultimately, it focuses upon international human rights to privacy and to freedom from violence (especially gender-based violence) and the obligations on State and Nonstate actors to address violations of these rights. It argues that adoption of a human rights perspective on technology-facilitated violence better enables us to hold State and Nonstate actors to account in finding meaningful ways to address violence in all of its forms.
While research on digital dangers has been growing, studies on their respective solutions and justice responses have not kept pace. The agathokakological nature of…
While research on digital dangers has been growing, studies on their respective solutions and justice responses have not kept pace. The agathokakological nature of technology demands that we pay attention to not only harms associated with interconnectivity, but also the potential for technology to counter offenses and “do good.” This chapter discusses technology as both a weapon and a shield when it comes to violence against women and girls in public spaces and private places. First, we review the complex and varied manifestations of technological gender violence, ranging from the use of technology to exploit, harass, stalk, and otherwise harm women and girls in communal spaces, to offenses that occur behind closed doors. Second, we discuss justice-related responses, underscoring how women and girls have “flipped the script” when their needs are not met. By developing innovative ways to respond to the wrongs committed against them and creating alternate systems that offer a voice, victims/survivors have repurposed technology to redress harms and unite in solidarity with others in an ongoing quest for justice.