Cyberflashing involves sending obscene pictures to strangers online, often done through Bluetooth or AirDrop transfers between devices. [1] [2] [3]
The first mainstream coinage of the term occurred around 13 August 2015, after a female commuter was AirDropped two pictures of a penis. The case was reported to the British Transport Police who indicated that as the pictures were declined, insufficient data was recorded by the receiving phone and could not provide suitable evidence. [2]
An appropriately equipped device can seek out any active peers within about 10 meters. [4] The harassing individual can make an initial connection with any device that is open to all users. A photo can then be sent with a preview of the photo being shown to the device's owner at the same time as a request to allow the connection. Therefore, the harassment (the "flashing") can occur before a specific connection is authorized. [5]
On August 13, 2017, the New York Post reported that at least two women were sent nude pictures while commuting. [6] A HuffPost reporter in the UK was also sent more than 100 sexual pictures while commuting. This case was reported to the British Transport Police, and when these news stories were published, several women indicated to the publications that they had suffered similar harassment. [1] However, UK police forces indicate very few complaints about these actions despite "a growing awareness" of it occurring. This indicates a wide level of under-reporting and thus few arrests and prosecutions. [1]
In Australia, May 2018, it was reported that cyber-flashing was increasingly common as a prank used by children, popular due to its ease in targeting multiple individuals very rapidly in a fairly unidentifiable fashion. [7]
In Israel, May 2022, an AnadoluJet flight aborted its takeoff at Ben Gurion Airport after pictures of airplane crashes were distributed among passengers via AirDrop. [8]
As with other technological-based abuses, such as deepfake pornography, revenge porn, and upskirting, there was no specific pre-existing law designed to criminalize and prevent cyber-flashing. This means that many police forces were and are required to fall back on more generalized crimes such as harassment and outraging public decency. [9]
In New South Wales, Australia, The Crimes Amendment (Intimate Images) Bill 2017 [10] was implemented to make it an offense to "intentionally record or distribute, or threaten to record or distribute, an intimate image of a person without their consent". [11] This legislation would cover cyber-flashing by its prohibition on distributing intimate images without consent.
In the UK there has been criticism that "upskirting laws" under consideration would not cover cyber-flashing, as well as other forms of image-based abuse, such as revenge porn. The proposed laws also have a stronger intent prohibition, and it is unclear whether it would cover non-harassment circumstances as well as issues where the receiver of the images has not consented but the "image subject" has. [9]
In Singapore, cyberflashing, upskirt photography, and revenge porn have been criminalized since May 2019. [12]
On 13 March 2022, the UK Government announced cyberflashing would be criminalised with perpetrators facing up to two years behind bars under new laws applying to England and Wales. [13] Cyber flashing has been illegal in Scotland since 2010. [14]
Upskirting or upskirt photography is the practice of taking nonconsensual photographs under a person's skirt or kilt, capturing an image of the crotch area, underwear, and sometimes genitalia. An "upskirt" is a photograph, video, or illustration which incorporates such an image, although the term may also be used to refer to the area of the body inside a skirt, usually from below and while being worn.
Human image synthesis is technology that can be applied to make believable and even photorealistic renditions of human-likenesses, moving or still. It has effectively existed since the early 2000s. Many films using computer generated imagery have featured synthetic images of human-like characters digitally composited onto the real or other simulated film material. Towards the end of the 2010s deep learning artificial intelligence has been applied to synthesize images and video that look like humans, without need for human assistance, once the training phase has been completed, whereas the old school 7D-route required massive amounts of human work .
Charlotte Anne Laws, also known by her stage name Missy Laws, is an American author, talk show host, animal rights advocate, anti-revenge porn activist, former politician, and actress. Laws is a former BBC News contributor and was a weekly commentator on KNBC-TV's The Filter with Fred Roggin from 2009 to 2013. She also co-hosted the Internet show,' Every Way Woman (2008–2013) and hosted a local television show called "Uncommon Sense" from October 2007 to September 2010.
Internet censorship in the United Kingdom is conducted under a variety of laws, judicial processes, administrative regulations and voluntary arrangements. It is achieved by blocking access to sites as well as the use of laws that criminalise publication or possession of certain types of material. These include English defamation law, the Copyright law of the United Kingdom, regulations against incitement to terrorism and child pornography.
There has been demand for imagery of nude celebrities for many decades. It is a lucrative business exploited by websites and magazines.
Section 63 of the Criminal Justice and Immigration Act 2008 is a law in the United Kingdom criminalising possession of what it refers to as "extreme pornographic images". The law came into force on 26 January 2009. The legislation was brought in following the murder of Jane Longhurst by a man who was said at the time of his trial to have had "extreme pornography" in his possession at the time of the death. The law has been more widely used than originally predicted, raising concerns as to whether the legislation is being used for prosecutions beyond the scope originally envisaged by parliament.
Sexting is sending, receiving, or forwarding sexually explicit messages, photographs, or videos, primarily between mobile phones. It may also include the use of a computer or any digital device. The term was first popularized early in the 21st century and is a portmanteau of sex and texting, where the latter is meant in the wide sense of sending a text possibly with images. Sexting is not an isolated phenomenon but one of many different types of sexual interaction in digital contexts that is related to sexual arousal.
AirDrop is a proprietary wireless ad hoc service in Apple Inc.'s iOS, macOS, and visionOS operating systems, introduced in Mac OS X Lion and iOS 7, which can transfer files among supported Macintosh computers and iOS devices by means of close-range wireless communication. This communication takes place over Apple Wireless Direct Link 'Action Frames' and 'Data Frames' using generated link-local IPv6 addresses instead of the Wi-Fi chip's fixed MAC address.
Cyberbullying or cyberharassment is a form of bullying or harassment using electronic means. Cyberbullying and cyberharassment are also known as online bullying. It has become increasingly common, especially among teenagers and adolescents, due to the communication technology advancements and young people's increased use of such technologies. Cyberbullying is when someone, typically a teenager, bullies or harasses others on the internet and other digital spaces, particularly on social media sites.
Revenge porn is the distribution of sexually explicit images or videos of individuals without their consent. The material may have been made by a partner in an intimate relationship with the knowledge and consent of the subject at the time, or it may have been made without their knowledge. The subject may have experienced sexual violence during the recording of the material, in some cases facilitated by narcotics such as "date rape" drugs which also cause a reduced sense of pain and involvement in the sexual act, dissociative effects and amnesia. The possession of the material may be used by the perpetrators to blackmail the subjects into performing other sexual acts, to coerce them into continuing a relationship or to punish them for ending one, to silence them, to damage their reputation, and/or for financial gain. In the wake of civil lawsuits and the increasing numbers of reported incidents, legislation has been passed in a number of countries and jurisdictions to outlaw the practice, though approaches have varied and been changed over the years. The practice has also been described as a form of psychological abuse and domestic violence, as well as a form of sexual abuse.
xHamster is a pornographic media and social networking site headquartered in Limassol, Cyprus. xHamster serves user-submitted pornographic videos, webcam models, pornographic photographs, and erotic literature and incorporates social networking features. xHamster was founded in 2007. With more than 10 million members, it is the fourth-most popular pornography website on the Internet after XVideos, XNXX and Pornhub. As of July 2020, xHamster was the 20th-most trafficked website in the world.
Clare Mary Smith McGlynn is a Professor of Law at Durham University in the UK. She specialises in the legal regulation of pornography, image-based sexual abuse, cyberflashing, online abuse, violence against women, and gender equality in the legal profession. In 2020, she was appointed an Honorary KC in recognition of her work on women's equality in the legal profession and shaping new criminal laws on extreme pornography and image-based sexual abuse. She was awarded an Honorary Doctorate from Lund University, Sweden, in 2018 in recognition of the international impact of her research on sexual violence and she is a Fellow of the Academy of Social Sciences. She is a member of the UK Parliament's Independent Expert Panel hearing appeals in cases of sexual misconduct, bullying and harassment against MPs. She has given evidence before Scottish, Northern Irish and UK Parliaments on how to reform laws on sexual violence and online abuse, as well as speaking to policy audiences across Europe, Asia and Australia. In November 2019, she was invited to South Korea to share international best practice in supporting victims of image-based sexual abuse and she has worked with Facebook, TikTok and Google to support their policies on non-consensual intimate images.
Danielle Keats Citron is a Jefferson Scholars Foundation Schenck Distinguished Professor in Law at the University of Virginia School of Law, where she teaches information privacy, free expression, and civil rights law. Citron is the author of "The Fight for Privacy: Protecting Dignity, Identity, and Love in the Digital Age" and "Hate Crimes in Cyberspace" (2014). She also serves as the Vice President of the Cyber Civil Rights Initiative, an organization which provides assistance and legislative support to victims of online abuse. Prior to joining UVA Law, Citron was an Austin B. Fletcher Distinguished Professor of Law at Boston University Law School, and was also the Morton & Sophia Macht Professor of Law at the University of Maryland School of Law.
A dick pic is an image or photograph of a penis, usually erect, sent electronically. The term dick pic is derived from dick, slang for penis, and pic, a shortening of the word picture. Dick pics are a sexual practice and a form of sexting.
Deepfakes are synthetic media that have been digitally manipulated to replace one person's likeness convincingly with that of another. Deepfakes are the manipulation of facial appearance through deep generative methods. While the act of creating fake content is not new, deepfakes leverage powerful techniques from machine learning and artificial intelligence to manipulate or generate visual and audio content that can more easily deceive. The main machine learning methods used to create deepfakes are based on deep learning and involve training generative neural network architectures, such as autoencoders, or generative adversarial networks (GANs). In turn the field of image forensics develops techniques to detect manipulated images.
Carrie Goldberg is an American lawyer specializing in sex crimes with her law firm C.A. Goldberg PLLC. She has represented: five clients who described sexual abuse committed by Harvey Weinstein; the former Democrat Member of Congress Katie Hill after her naked photos were published in the media; and the author Emma Cline after an ex-partner sued for plagiarism. Her legal cases with low-profile individuals—involving revenge porn, intimate partner violence and online abuse—often draw national media attention.
The Voyeurism (Offences) Act 2019 is an Act of the Parliament of the United Kingdom which amends the Sexual Offences Act 2003 to make upskirting a specific offence of voyeurism. The Act came into force on 12 April 2019.
Fake nude photography is the creation of nude photographs designed to appear as genuine nudes of an individual. The motivations for the creation of these modified photographs include sexual gratification, the stigmatization or embarrassment of the subject, and commercial gain, such as through the sale of the photographs via pornographic websites. Fakes can be created using image editing software or through machine learning. Fake pornographic images created using the latter method are called deepfakes.
Deepfake pornography, or simply fake pornography, is a type of synthetic porn that is created via altering already-existing pornographic material by applying deepfake technology to the faces of the actors. The use of deepfake porn has sparked controversy because it involves the making and sharing of realistic videos featuring non-consenting individuals, typically female celebrities, and is sometimes used for revenge porn. Efforts are being made to combat these ethical concerns through legislation and technology-based solutions.
McAllister Olivarius is an international law firm dual-headquartered in London and New York. It specializes in civil litigation and plaintiff work, particularly in education and employment law.
