International Law

"Rumour Has It"

The Washington Post charts the evolution of gossip to Juicy Campus and wonders what the law can do:

"I am suggesting that language evolved to allow us to gossip . . . to facilitate the bonding of social groups . . . it mainly achieves this aim by permitting the exchange of socially relevant information."

-- Robin Dunbar, "Grooming, Gossip, and the Evolution of Language" (1996)

"RE: Sluts Sluts Sluts

"I think that loud mouth girl from Starbucks is ALSO qualified to be in the listing above . . . No question that girl is nuts! I think my friend said her name was Cinthya."

-- post on JuicyCampus.com (2008)

When gossip clown Perez Hilton gossips on his blog about the stars of "Gossip Girl," we wonder how far we've come in spite of technology. The absurd self-reflexivity, the gazing at one another's navels, the swirling infinity of gossiping about a show about gossip -- it's like that snake that eats itself. And what are we left with? A reptile gagging on its own business.

Celebrity gossip, which clogs checkout aisles and runs wild in cyberspace, overshadows a more integral (and fascinating) form of gossip: the person-to-person kind, the overheard whispers, the pedestrian skinny. Gossip has been around forever, and, for almost as long, it has been labeled a vice. Moses descended Mount Sinai with a sub-commandment forbidding the bearing of tales. German philosopher Martin Heidegger dismissed gossip as a waste of energy. Only in very recent history have researchers and journalists started writing pieces with heretofore provocative titles.

"Gossip May Be Virtuous."

"Why Gossip Is Good for You."

"In Praise of Gossip: Indiscretion as a Saintly Virtue."

These conclusions are akin to the Food and Drug Administration reporting that fried dough is, in fact, nutritious, and the more you eat, the longer you'll live. But what does it all mean when it mutates on the Internet, spreading swiftly and sensationally?

For much of this year, college newspapers and m edia commentators have hemmed and hawed over JuicyCampus.com, a Web forum that provides a blank slate on which students can write anything they want about anyone. While the site attracts a large share of lurid, hateful and nonsensical ramblings (the stuff you'd find anywhere on the Internet), there is also gossip that includes full names and sordid details. Since its birth in August, JuicyCampus has courted the outrage of students who claim defamation and of state attorneys general who claim consumer fraud.

The site's 24-year-old founder, Duke University alumnus Matt Ivester, thinks it's all very natural. Social networking has moved online. Shouldn't gossip be a part of that?

"People talk about us being the opposite of Facebook and MySpace," notes Ivester, who says the site gets tens of thousands of hits a day. "We're completely anonymous. There are no profiles. We're filling that void. . . . People love celebrity gossip, and in many ways what we're doing is changing from Hollywood celebrities to campus celebrities."

This may be a vainglorious claim on Ivester's part, but Internet gossip might be a tempting venture for someone searching for "some kind of false and illusory prima donna status," as college senior Gregory N. Wolfe, 21, worded it in a column about JuicyCampus this year for the Cornell Daily Sun. Wolfe thinks JuicyCampus, apart from its innocuous ramblings, is damaging to communities because charges are unanswerable and viewed by thousands of people who have no reference point.

"At least in the typical telephone gossip you have source attribution, you know who's trustworthy," he says in a phone interview. "But you don't get this here, and you can't answer to it."

Instead of making the rounds in one social circle, Internet gossip jumps among them, and the information loses essential background information and credibility. "Traditional gossip occurs in a context, among people who know the person being gossiped about," writes George Washington University law professor Daniel Solove in his book "The Future of Reputation: Gossip, Rumor, and Privacy on the Internet." "But the Internet strips away that context, and this can make gossip even more pernicious."

Which is exactly what JuicyCampus does. Solove considers the site to be a paradigm of problems created when gossip and the Internet intersect: The site is not liable for anything users post, and the users are generally protected because they are anonymous. The rights of privacy and free speech engage in a confounding tango, and Solove thinks privacy is being compromised a little too much.

"I've thought long and hard to come up with an elegant solution . . . but there really isn't anything," he says. "There isn't a law that will make everyone play nice. At best the [existing] law can push norms in one direction or help raise awareness of a problem."

Read more here.

Full post as published by Freedom to Differ on May 11, 2008 (boomark / email).