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March 15, 2005
[etech] Analee Newitz: Sex laws drive innovation
EFF evangelist and techsex columnist Annalee Newitz is holding forth at Etech on the history of the camoflauging of pornography and sex toys and how this drives development of free speech and privacy technology. She starts with the equation: "Everybody wants porn + nobody will admit it + everybody loves tech = innovating ways to look without being seen."
She starts with talking about how vibrators were camoflauged technology. "I only use it for therapeutic purposes," reads an ad from 1910. In the 1920s you saw porn showing people using vibrators for sex, when they were eventually outlawed until they came back in the 1960s and 70s as actual sex toys.
One of the driving forces behind VCRs was the porn industry. The VCR becomae a way of camoflauging porn consumption. Before 1976 you had to go to a theatre -- local people knew you were going to theaters -- a very public experience. Now people could watch dirty movies in their own homes. The adult industry flocked to this new technology. A cheap way of disseminating porn.
Obscenity law. The standard is the Miller test, which says: it has to appeal to prurient interest; has to be offensive "based on contemporary community standards"; has not "social, literary, artistic or scientific value." Broadcasters are under "decency" laws which are stricter than "obscenity" law.
Before VCRs, porn called attention to itself much more (titles on marquee, people can see who's going to the theater, etc.). Because its private, you're going to have fewer complaints about it, it's less visible. The law pushed people to adoption to these technologies.
Meanwhile back on the Internet, quality wasn't very good. (She shows an ASCII art image from www.asciipr0n.com. "Porn build the Internet -- it's such an obvious use of the medium, because it's so private and widely available.) It broke one of the prongs of the Miller rule (contemporary community standards), it's unclear what the community is when you're downloading and uploading to and from everywhere in the world).
Important obscenity cases: ACLU v Reno (1997), which struck porn bans from the Communications Decency Act (the Internet can be indecent); US v Extreme Associates (2005). This site may redefine obscenity on appeal. Nitke is challenging obscenity provisions of Communications Decency Act - because what is community standards?
Private past/anonymous futures. It's likely that Congress could require porn sites to geographically locate users. So some workarounds:
- prepaid porn cards
- user-friendly anonymous proxies (Anonymizer)
- Anonymizing networks like Tor ("Roger did not design this for porn, but it is my prediction that people will use it for porn.")
- Anonymous IM - Off the record messaging: www.cypherpunks.ca/otr/
Annalee's bottom line is that "what's good for porn is good for free speech." And: "Today's porn tools and tomorrow's human rights protections."
March 15, 2005 03:22 PM
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Comments
Hey, so the open source movement has finally got a woman speaker - but instead of a real woman developer or researcher they've got a girl talking dirty. Wow! How enlightened they are...
However, this strange exhortation to love porn has nothing to do with the real reasons for why new architectures and design in technology are developed, nor does it speak to the motivations of the developers. Just because pimps and johns are ready to exploit any technology at any opportunity doesn't mean it has anything to do with innovation, provides any value to society, or has any lasting impact.
I doubt we'll soon see porn queens getting Nobel prizes, writing books of merit, or developing new solutions to problems of hunger, poverty, and injustice. But we will see lots of opportunists jump on the bandwagon as technology changes our society, proclaiming themselves as the "true" innovators as they gull the rubes.
This hucksterism has always gone on. After ten thousand years of civilization, it's amazing anyone sees this for anything less than some oddball carnival sideshow - briefly entertaining, somewhat freaky, and definitely unimportant.
Posted by: Lynne Jolitz at March 16, 2005 10:58 AM