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In the era of smart phones, creepshots, and sexual photos taken and shared without consent, the Supreme Court of Canada’s decision in R v Jarvis will be sure to shape the cultural landscape of what is now known as image-based abuse. The Court’s upcoming decision will determine when and where a person will be criminally liable for taking pictures of women and girls without their knowledge, for his or her sexual gratification. In this three-part blog post, we discuss three central issues that aros
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The impact of drones on women’s privacy has recently garnered sensational attention in media and popular discussions. Media headlines splash stories about drones spying on sunbathing or naked women and girls, drones being used to stalk women through public spaces, and drones delivering abortion pills to women who might otherwise lack access. Yet despite this popular attention, and the immense literature that has emerged analyzing the privacy implications of drone technology, questions about how the drone might enhance or undermine women’s privacy in particular have not yet been the subject of significant academic analysis. This paper contributes to the growing drone privacy literature by examining how the technology can be especially apt to impact women’s privacy. In particular, various features of the technology allow it to take advantage of the ways in which privacy protection has traditionally been - and in many cases continues to be - gendered. While the analytical focus is on the gendered privacy impacts of drone technology, the article and its conclusions are about more than women's privacy. Examining some of the differential impacts of the technology, and the laws that guide its use, helps to reveal broader inequities that can go unseen when we think about technology without social context. The paper ultimately argues that drone regulators cannot continue to treat the technology as though it is value-neutral - impacting all individuals in the same manner. Going forward, the social context in which drone technology is emerging must inform both drone-specific regulations, and how we approach privacy generally. This paper is framed as a starting point for a further discussion about how this can be done within the Canadian context and elsewhere.
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The combination of human-computer interaction (“HCI”) technology with sensors that monitor human physiological responses offers state agencies purportedly improved methods for extracting truthful information from suspects during interrogations. These technologies have recently been implemented in prototypes of automated international border kiosks, in which an individual seeking to cross a border would first have to interact with an avatar interrogator. The HCI system uses a combination of visual, auditory, infrared and other sensors to monitor an individual’s eye movements, voice, and various other qualities throughout the interaction. This information is then aggregated and analyzed to determine whether the individual is being "deceptive". This paper argues that this type of application poses serious risks to individual rights such as privacy and the right to silence. Highly invasive data collection and analysis is being integrated into a technology that is designed in a way that conceals the full extent of the interaction from those engaging with it. Border avatars are being misconstrued as technological versions of a human border agent, when in fact the technology enables a substantially more invasive interaction. The paper concludes by arguing that courts, developers, and state agencies institute strict and strong limits on how this technology is implemented and what information this emerging technology can collect from the individuals who engage with it.
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