WHERES 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 contd

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 contd

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 contd

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 contd

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

Group Results:
Should you look for pornography
proactively? Who will look for
Facilitators: Jim Dunkin, Bob Gough, Adam Schieman - U.W.O.

Group Results:
Who is liable for what? Can
Housing and the University be
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 contd

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!

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