Just before the elections in November, I posted about Susanna Gibson, a nurse practitioner running for a seat in the Virginia House of Representatives. She and her husband had in the past live-streamed sex acts. It was all perfectly legal but some Republican operative had obtained the video and shopped it around to media outlets and the Washington Post had published it. Then flyers with that information were mailed out by the Republican party to voters in that district. To their credit, most of the Democratic party rallied around her but in the end she lost a close race 17,878 to 16,912, a margin of just 966 or 2.8%. The fact that it was so close means that she might well have won otherwise.
Gibson has given an interview about the whole affair and about what people need to realize about the whole online experience.
I think a big underlying factor that really needs to be addressed, and our society needs to start being educated on, is there is this devaluation and misunderstanding of consent, especially when we’re talking about digital privacy. Content that is initially made in a consensual context, which is then distributed in a non-consensual context digitally, is a crime. Just because someone consented to share something in one particular context doesn’t mean that it is or should be fair game for the whole world to see.
Choosing to share content, online or in whatever medium, with select people with the understanding that it will disappear and can only be seen by those present at the time — when we’re talking live streaming, webcamming and Skype — that is a far cry from consenting for that content to be recorded and then broadly disseminated. And there is case law precedent confirming this.
