Category: Digital Culture

Thumb War:  Sexual Revolution in the Digital Age

So, is the sexual revolution over?  If so, who won?

To be honest, it is very difficult to get a fix on the state of both social and political dynamics regarding sex and relationships in the millennial generation, especially through the frenetic, hand-held lens of social media. The general consensus appears to be that millennials are all about about hooking up without any interest in even trying to have relationships, but this may not be so true as it is widely reported. At the same time, stories emanating from college campuses would have us believe that the grandsons of the Boomers are generally more prone to abusive behaviors, including rape, than their fathers and grandfathers, which is an extraordinary indictment if this is true. On the other hand, we may be hearing more about various types of dysfunctional or misogynistic male behaviors because millennial women feel more empowered than their mothers and grandmothers to openly confront these issues, and this in itself will change the dynamics of relationships.  Then again, we see some new and classic schisms among feminist voices whereby one woman’s personal empowerment is another’s treasonous surrender to sexism and “rape culture” itself.

Meanwhile, a whole industry has grown up around date-rape prevention, with products like nail polish that can detect narcotics slipped into drinks. And that phenomenon brings us full-circle back to the aforementioned, apparent, trend toward consensual, casual sex because it begs the question as to why there would be an increase in terrible subterfuges like sneaking drugs into cocktails, if all parties are more open than ever before to casual encounters?  Or does the new casualness, which has been both enhanced and defined by smart-phone hook-up apps, actually foster more bad behaviors among men because digital dating has so thoroughly turned sex into a cold, dissociative transaction? These and other questions abound that I could not hope to address in a single essay.

Suffice to say, we read a lot of disparate and often conflicting reports from the battlefield; and according to a recent exposé by Nancy Jo Sales, writing for Vanity Fair, now that the sexual revolution has gone digital, millennials are ushering in what she calls the “dating apocalypse.”  Her article, which is largely based on conversations with 20-something men and women, who are actively hooking up through platforms like Tinder, conveys a broad narrative that sounds about as bleak and dysfunctional as every complaint I’ve ever heard about the pre-digital dating scene. The major difference today, simply sounds more bleak and more depressing at twice the speed thanks to technology.

From Sales’s description, the characterization we get of apps like Tinder, Hinge, and OKCupid is that, although these services are marketed with images of dreamy couples canoodling in romantic settings, they are not being used as dating services akin to Match.com or eHarmony, but rather as straight-up transaction brokers — personal pimp-yentas if you will — solely for the purpose of arranging casual sex with complete strangers.  “Dates” might last maybe an hour from door-to-door and back again, depending on traffic conditions. And according to some reports, many of the people on Tinder are either married or in supposedly committed relationships.

Tinder itself balked at Sales’s portrayal in a series of tweets like the one which reads, “It’s disappointing that @VanityFair thought that the tiny number of people you found for your article represent our entire global userbase.”  But whether or not the young singles Sales interviewed in various locations are a fair representation of Tinder’s reported 50-million users worldwide, the company’s reactionary tweets have largely been mocked for their petulant defensiveness.  Because it doesn’t really matter how many of Tinder’s users are similar to the people Sales profiled inasmuch as her research into the state of dating today is no less in-depth than precedent articles of its kind.  And indeed the characters and narratives that emerge are not only familiar, but also sound exactly like the kinds of stories we might expect to come from digitally-enhanced dating techniques.

Not surprisingly, Sales’s article suggests that plenty of young men are as hardwired for relationship-free sex as ever, while young women are still trying to figure out how they feel about these encounters, still grappling with basic inequalities between the sexes with regard to expectations and behavioral norms.  Even some of the women profiled, who say they’re perfectly comfortable with casual sex via these apps, seem to have expectations of basic behaviors from the men — like don’t go right back onto Tinder immediately after having sex with someone — about which the men sound rather typically oblivious.  Several of the women featured indicate that even basic courtesies are the exception rather than the rule, as though the theme has gone from “Will he call?” to “Will he even say goodbye on his way out the door?” So, not so much a new story about dating as the same old story that’s gotten a little bit worse.  And how could it not if hooking up via apps like these only exacerbates certain fundamental flaws in many of us men to begin with?

Speaking as a former young man myself, I feel comfortable generalizing that we’re not inherently a bright bunch when it comes to this stuff, and we are somewhat programmed to lack empathy at exactly the same time that we become sexual creatures.  As a result, it often takes young men some measure of getting hurt, and even causing hurt, before we actually start to figure out how to behave at all, let alone how to one day be in a real relationship.  And I suspect basic truths still hold that intimacy is just plain different for women, casual or not, when it comes to behaviors associated with intimacy. And so, in the digital dating scene, more people may be acting cool on the surface than ever before; but people have always acted cool on the surface in pre-digital encounters, and it has almost never been true that sex is so emotionally unencumbered.

Perhaps the most telling details that emerge from Sales’s investigation are those which imply that a lot of the casual sex being had out there isn’t any better today than it was before the invention of the smart-phone wing-man. And it might even be worse.  In fact, according to comments from one group of young women, it sounds as though breaking down barriers to casual encounters through apps yields at least as many, if not more, complaints of erectile dysfunction and consistent failures to produce sexually satisfying experiences (i.e. orgasms) for the women.  Again, if these complaints are representative of the larger experience, this is not at all surprising.  As with empathy and other emotional connections to another human being, there is usually a learning curve when it comes to partners having good sex rather than just some sex. And so it stands to reason that good sex isn’t going to happen very often — and quite possibly never — among people who merely “Hit it and quit it,” as the contemporary saying goes, according to Sales.

Yet another aspect of apps like Tinder is that, as interactive media unto themselves, they are essentially hand-held games, which presumably breed addictive, game-like habits with the added bonus of scoring “points” that feel emotionally empowering.  Swipe images of men or women you find attractive, and it must be kind of a thrill each time there’s a reciprocal match, like playing concentration with little prizes along the way for your ego.  As such, I would not be surprised if the consummation of “winning” this game — at least for many women and possibly for more men than might admit it — is frequently less satisfying than playing the game itself.  If this is true, it really is a shame.  After all, the highs and lows of dating have always been something of a game, but one played through a broad range of human interactions like conversation, body language, humor, flirting, and so on — all stimulating a range of emotional experiences that give our lives color, depth, and meaning.  One can hardly consolidate all that down to a finger swipe across a glass screen and expect richer experiences to manifest as a result.

Admittedly, it is often difficult to compartmentalize the distinct but overlapping subjects of sex, sexism, sexualization, feminism, and even such extreme behaviors as sexual abuse.  One body of thought is that sexualization is borne exclusively of sexism, which can be the foundation for assault, or at least chronic callousness. My view has generally been that sexualization is unavoidable, but that as long as all parties are on equal terms, being open about sexualizing one another (in the right contexts) is probably healthier than sublimating these instincts.  This is because, generally speaking, in cultures where sex is shameful, women wind up as victims of abuse and scorn, sometimes quite horrifically.

And of course America — nation of rock-n-roll puritans that we are —  is unique in its brand of hypocrisies, which manifest in overt sexualization often filtered through the pretensions of religiously-based notions of decency.  Sexual double-standards are part of the American DNA, and these result both in hypocritical behaviors and hypocritical public policies about which we are still fighting nearly fifty years after the Summer of Love.  And so, on one level, one might expect the sexual frankness implicit in hook-up apps to be one means by which the next generation breaks down many of these longstanding hypocrisies, theoretically putting men and women on more equal footing than ever. In this sense, we would expect the millennials to be enjoying the freest “love” since the free-love movement itself.  But according to Nancy Jo Sales’s article, it doesn’t sound as though this is quite the case.  Instead, it sounds like these apps, with their astounding billion-dollar valuations, may be just another Silicon Valley swindle, conning a whole generation into trading meaningful experiences for a gluttony of meaningless ones.

No Borders Does Not Mean No Boundaries

Over this past weekend, it seems The New York Times Editorial Board got together, drank a little Googley Kool-Aid, and then wrote this Op-Ed provocatively titled Keep the Internet Free of Borders.  It is dismaying that, under the imprimatur of a respected name, an OpEd is published that succeeds in drawing such a typically blunt conclusion about an otherwise complex and nuanced issue of great importance.  Here’s what’s going on:

Historically, the U.S. International Trade Commission has the authority to block the importation of articles that infringe the intellectual property rights of American companies.  For instance, a U.S. based importer/wholesaler may not import counterfeits of consumer goods, and the ITC is empowered to enjoin such importation and enforce its authority through agencies like customs and border services.  But this past March, for the first time, the ITC concluded that articles under its purview may include the importation of digital files.  (Cue eerie violins.)

The case itself involves the Invisalign brand of dental aligners, which is a patented system owned by Align Technology.  A Texas-based company called ClearCorrect received data from an entity in Pakistan that contained digital models, design information, and treatment plans, which Align Technology argued can only be used “to infringe or induce the infringement” of its patents.  ClearCorrect argued that the ITC’s authority to restrict the importation of infringing articles does not extend to digital data, but the ITC ruled 5-1 in favor of Align after an administrative law judge concurred that the definition of “articles” in the statute does apply to digital imports, consistent with the ITC’s “legislative purpose to . . . prevent every type of unfair act in connection with imported articles . . . and to strengthen protection of intellectual property rights.”  This case has been appealed and was scheduled to be heard in federal court in Washington D.C. sometime today.

If the ITC’s broadening of the term articles under its purview is held to include digital data, this would certainly set a new precedent that will be attractive to owners of intellectual property.  And of course this prospect has not-surprisingly raised the hackles of digital rights proponents, who predict that granting the ITC this authority will “harm the free flow of information on the Internet.”  Unfortunately, this is the recurring narrative every time any entity, private or public, seeks to remedy any of the new forms of harm that are unavoidable byproducts of the new forms of communication, interaction, and data transmission that most of us enjoy.  Hence, editorials like the one from the Times perpetuate the frankly defeatist notion that our only options are either to accept the predations of bad actors or invite legal regimes that can only lead to censorship.

For a more detailed description of the Align case, I recommend this article written by my colleagues at the Center for the Protection of Intellectual Property.  In particular, I would draw your attention to the authors’ revelation that the usual suspects in Silicon Valley, who presently oppose upholding the ITC’s authority in this case were just a few years ago vociferously in favor of copyright owners using the ITC in precisely this manner. As part of that industry’s PR blitz against SOPA and PIPA, they widely supported the proposed OPEN Act, so named because it would “keep the Internet open.”  And as a component of this advocacy, OPEN’s corporate supporters recommended that the ITC was an ideal venue for rights holders to seek relief from entities committing infringement through digital data imports.

So, if nothing else, the Times editorial board might have done a little homework and recognized that if the Internet industry was once in favor of this type of ITC authority and is now opposed to it, this contradiction might awaken some dormant, journalistic instinct to a bit of skepticism.  Instead, the article concludes with an all-to-common statement that I would challenge anyone to define clearly.  It states, “The appeals court should strike down the commission’s ruling, which is bound to hamper the exchange of ideas and information on the Internet.”  I’ve encountered that hampering sentiment so many times, and it still doesn’t make any sense.  If the ITC blocks a shipment of counterfeit Nikes, and fair trade in sporting goods continues, why is it impossible to imagine that an equally narrow application of this same authority may apply to digital imports without harming the larger flow of information, let alone anything as esoteric as “ideas?”

At some point, this narrative has to change — the one that insists there is no way we will ever balance civil order and civil liberty in cyberspace — because every user has a stake in seeking balance, whether the concerns are privacy, personal security, or intellectual property that supports a business in any sector.  The Align case is about dental products, the Equustek case I wrote about involved systems communications hardware, and with advances in 3D printing technology, we can be sure there will be more and more trade in infringing trade secrets and  other intellectual property.  Hence, it should be clear that the growth in these unlawful and predatory practices, unique to the digital age, is already affecting interests far beyond the motion picture, music, and publishing industries.

Whatever the remedies may be, we should constantly demand specifics as to what it means to “harm the free flow of information on the Internet” because it’s not sufficient to accept that the definition is whatever the major internet companies say it is on any given day. (See above mentioned flip-flop on this very subject).  In fact, as Stephen Carlisle points out in this piece for Nova Southeastern University, in the last several months, site-blocking has been ordered in specific cases in the US, Canada, Germany, and Australia, yet here we are, using the Internet to exchange information and ideas.  What began as adolescent rationalizations for file sharing more than fifteen years ago has now metastasized into a social and corporate agenda that is attacking vital organs in our market-based economy.  We can do better.  Balancing civil order with civil liberty is what we’re supposed to be good at in this country.  We should not be afraid to try.

The Knights Who Say SOPA

At last count, the EFF has over 40 attorneys on staff* and lord only knows how many communications minions.  So, if this organization is going to maintain its loose relationship with reality, they might at least take a meeting and invent some fresh exaggerations.  But no. SOPA is just too provocative a buzzword to let go. And as part of their unrelenting strategy to keep trying to scare the hell out of people, the EFF has invoked SOPA so many times, I’ve personally run out of colorful metaphors by which to mock them for it and have had to resort to Monty Python references.

For instance, in this recent missive, EFFer Mitch Stoltz uses the acronym SOPA seven times in the first four paragraphs, which might lead the reader to think that the subject of the article has something to do with SOPA.  Of course, it has nothing to do with SOPA.  Heck, SOPA didn’t even have anything to do with SOPA, but let’s not worry about that right now.

What the knights at the EFF are saying SOPA about at the moment is the fact that as part of the major motion picture studios’ litigation against the pirate network MovieTube, they are seeking injunctive relief that would include disabling domains registered to the network and the discontinuation of services to MovieTube sites by third-party providers.  Granting such an injunction, according to the EFF, is reason to say SOPA, meaning that such a ruling by the court would inevitably lead to crippling the Internet as we know it.  Sound familiar?

But true to form for the EFF, Stoltz neither acknowledges that MovieTube is doing any tangible harm nor the fact that the relief being sought by the studios is far from unprecedented legal territory.  It is well-settled law that injunctions against a named party, which is directly harming a plaintiff, can also bind third parties that may be contributing to, or facilitating, ongoing harm.  And although this principle is nothing new in legal terms, it is a chronic sticking point for Internet companies because they are frequently facilitating harm, whether they mean to or not.  But, in another case involving injunctive relief, the British Columbia  Supreme Court demonstrated in the Equustek case that Google may be ordered to de-index on a global basis all sites (and not just pages) belonging to a business that was engaged in counterfeiting the plaintiff’s products and using its websites to hijack Equustek’s likely customers.  And still the Internet hums along.

Of course, Silicon Valley doesn’t like this sort of thing, but not because of anything to do with your freedoms so much as with their bottom line. News flash:  industries don’t like regulation.  And so, the Web industry likes to portray every prospect of this type of legal action — especially when it involves the motion picture industry — as the beginning of the end.  They say SOPA, and hope the peasants cringe. (And make no mistake, to the wealthy .01 percent of that industry, we are all peasants.) Thus, the EFF invests tremendous energy in this strategy, breathlessly warning us about the inevitable doom that will surely follow if, heaven-forbid, the rule of law might apply to trade across our precious tubes.

Stoltz’s post implies a lack of due process and a dangerous slippery slope, despite the fact that injunctions are court ordered on a case-by-case basis.  And just because an entity is granted this type of relief in one case does not mean it will then have free reign to seek random, baseless injunctions at will. (Or is the real problem that the Internet companies are acutely aware of how much global traffic is driven by piracy, that they really don’t want to go there; and they can always rely on millions of people who like free media to help evangelize their erroneous legal claims?)  If so, they should at least call it what it is and lay off the pretensions to be upholding some principle for the greater good.  Yet,  Stoltz writes:

“If the court signs this proposed order, the MPAA companies will have the power to force practically every Internet company within the reach of U.S. law to help them disappear the MovieTube websites. Regardless of whether those sites are engaged in copyright infringement or not, this is a scary amount of power to confer on the movie studios. And it looks even worse at scale: if orders like this become the norm, Internet companies large and small will have to build infrastructure resembling the Great Firewall of China in order to comply.”

Of course that makes perfect sense. Because what could filmed-entertainment companies want more than a completely dysfunctional Internet and a “wall” of censorship? Filmmakers love censorship! And they certainly don’t want their products to be seen by the paying public via the growing number of legal streaming services that are entirely dependent upon a well-functioning Internet. Naturally, the MPAA is looking for a legal wooden shoe that it can wield to the ultimate sabotage of these distribution portals for studio products.  And in a related story, the Teamsters are going to lobby to defund highway maintenance.

But to put it less sarcastically, if Internet companies truly cannot help to foster a web ecosystem that honors certain rights, including intellectual property rights, without “building a Great Firewall of China,” then maybe they just suck at what they do.  Because, in the long run, we don’t need an Internet that remains the proverbial Wild West, we need one that matures into a vital component of a functioning civilization.

Anyway, if you want a proper (and admittedly calmer) legal analysis of the relief being sought by the studios in this case, I recommend this post by Terry Hart because he actually knows, y’know, legal stuff. I’m mostly being a smart-ass because this kind of fear-mongering is at least as offensive as it is repetitive.  Above all, I resent the tone the EFF consistently takes with regard to piracy — as though it’s some adolescent prank that doesn’t hurt anybody. I and others have cited volumes of data that proves piracy is a big, black-market business that causes tangible and multi-faceted harm to real people.  I will also add that during the anti-SOPA campaign, organizations like EFF, as well as the Googles of the world, implied in their populist messaging that they cared about ending piracy, but the bills SOPA and PIPA were too flawed.  Where in the last four years, have we seen any substantive indication that anyone speaking for the Internet was remotely sincere when they made those statements?

So, if as a general rule, any of EFF’s writers framed these articles by stipulating that a site like MovieTube is — and damn-well should be — illegal and deserves to be shut down, then by all means they should play the role of the public advocate they claim to be.  Instead, the organization’s thesaurus appears to favor repeating SOPA as often as possible and using calculated, provocative language, like the way Stoltz uses the word disappear as a verb to imply that MovieTube is akin to a political dissident being silenced by an authoritarian government. (If nothing else, this kind of rhetoric is just irresponsible in a world with real dissidents and real tyrants.)  For all the attorneys on staff at the EFF, they rarely seem to produce an even-toned, nuanced analysis for public consumption regarding cases of this nature.  I guess it’s just easier to be The Knights Who Say SOPA.  Maybe if somebody brings them a nice shrubbery, they’ll knock it off.

*To be fair, and at last count, the EFF had what I counted as over 40 attorneys spread among staff, board, special counsel, and advisors, which is not exactly the same as 40 staff attorneys.  But in the spirit of this post, suffice to say, they have a buttload of lawyers to keep coming up with the same talking point over and over.

NOTE:  Within an hour or so of TorrentFreak citing this article, I received comments from anonymous trolls with handles including Adolf Hitler and Osama Bin Laden calling me “faggot.”  I think the EFF should be proud to have such erudite supporters.  I don’t know what I was thinking by criticizing their rhetoric, which has clearly elevated the debate.