Obiter Dicta Issue 2 - September 15, 2014 | Page 11

NEWS Monday, September 15, 2014   11 Cover Food » continued from cover » continued from page 9 Several American states have criminalized revenge porn, and Canada is working it into its cyberbullying law, Bill C-13. Although the Canadian proposal still has problems that need to be worked out—like not criminalizing unwanted targets (e.g. unwitting teenagers) and its privacy violations (see the Supreme Court of Canada’s decision in R v Spencer)—it’s a step in the right direction. The easiest current law to removing unwanted images from the internet has nothing at all to do with revenge porn or the theft of nude photographs. The entertainment industry has been working hard for the past couple of decades to remove pirated media from the web. Take down notices are sent for copyright infringement, lawsuits are threatened. But for personal matters, do the assailants or websites really care? Users of social sharing sites like Reddit and 4Chan seem reluctant to take down the images of the affected celebrities and continue to share them with impunity. The law should be strengthened to protect victims of involuntary or revenge porn, provide the requisite tools to remove the unwanted images from websites, and create offences for the theft and sharing of them. With all that being said, it’s time for some fun and engagement in some criminal law analysis. If this were a fact pattern, would the situation fit the crime? Say Person A hacks into Person B’s personal computer, steals private nude images, and posts them on the internet. Person A does this for the purpose of creating porn and humiliating the women. Turning to my trusty Criminal Code (and first year criminal law summary), let’s put the provisions together. Section 265(1)(a) states that assault occurs when a person, without the consent of another person, applies force intentionally to that other person, directly or indirectly. Section 271 gives us sexual assault and Canadian case law has given us two versions of the crime. Assault of a sexual nature occurs when the sexual integrity of the victim is violated, whether it is for the intent of sexual gratification or for power, aggression, or control. To my eye, the only (and major) thing unaddressed is the assault itself. The internet removes the physicality of the act. In our digitalized age, the groundwork tends to already be done for the assailant. And it would be a stretch to interpret the indirectly from section 265(1)(a) as applying to the hacking a digital image. The voyeurism offence (section 162) seems better suited, but applying it to already created recordings runs into the same problem. There is clearly a gap in the law. Combatting cyber sexual assault is a vital element of improving our digital privacy. Yet for now, the creation and distribution of involuntary porn and revenge porn amounts to little more than, as Jennifer Lawrence’s representatives put it, “A flagrant violation of privacy.” That should probably change. ◆ LLBO licensed Cost Lakeview has $3 mimosas and $4 drink specials daily. If you are a proponent of the “hair of the dog” theory, this might just be the place for you. A mimosa, coffee, and eggs benny ran at $18.75 plus tax; the double eggy in a basket was two dollars less. ◆ The Food The menu is huge and overwhelming. There are nine kinds of eggs benedict, in addition to about ten other brunch choi