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