Social media has the ability to bring together people from all walks of life to interact. But the ensuing interactions aren’t always positive–the ubiquity of social media has opened up plenty of people to harassment. While online harassment can include a variety of forms–including cyberbullying, cyberstalking and revenge porn–there are other forms of online harassment that you may start to hear more about moving forward: doxxing and swatting. Read on to learn more about these forms of online harassment, some of the more prominent victims of them, and the potential legal ramifications in the United States.

What are Doxxing and Swatting?

Doxxing 

Doxxing, which comes from the word “document,” is the release of an online user’s private information, including but not limited to photo, address, birthdate, and Social Security number. This release is usually done for a particular purpose–for example, to reveal the anonymity of a person online. Someone who operates under their own name–say, a journalist–could also be doxxed, if their personal information is disseminated to the internet. And it’s not just individuals who can be doxxed, as the term can be applied to group membership. But no matter who is doxxed, it’s safe to say that someone who doxxes someone else intends to cause some sort of harm.

Swatting 

Swatting is another form of online harassment, which can be sometimes (but not always) connected to doxxing. Swatting involves falsely reporting an emergency, in the hopes that a “swat” team or other law enforcement officers show up to the location that is being targeted. According to the National 911 program:

The calling party will often report they are involved or nearby as a witness to a home invasion, active shooter, or hostage situation, attempting to muster the largest response possible. Often, the law enforcement response is substantial, with police confronting the unsuspecting victims at gunpoint, only to learn that there is no real emergency.

Those who attempt to cause a swatting incident use several techniques, including: caller ID spoofing, TTY relay technologies, and social engineering.

Swatting is usually done with the intent of causing fear in the subject, or occasionally as a cruel prank.

What are some real-life examples of doxxing and swatting?

There have been many high-profile examples of both doxxing and swatting. From politicians to celebrities to journalists, it’s become an increasingly common practice. It’s also important to note that doxxing and swatting aren’t practices limited to one particular ideology, political party, or group. During the 2016 election, both Donald Trump and Hillary Clinton supporters accused each other of the practices, whether those claims were substantiated or not.

Here are a couple of examples of each:

Doxxing: Anonymous 

Anonymous, the well-known group of “hacktivists,” has frequently doxxed various individuals it has decided to attack. Perhaps most notably, Anonymous made headlines in 2015 when it released a long list of Ku Klux Klan members. The list included alleged members and sympathizers’ real names, as well as their social media accounts.

Doxxing: GamerGate

In 2014 the GamerGate controversy broke, leading to online harassment for some women in the video game industry. One relatively common practice was doxxing–for example Brianna Wu, a female game developer who is now running for Congress and was targeted during the controversy, was doxxed. Other women involved in the gaming industry were doxxed as well, including Zoe Quinn and Anita Sarkeesian. Some tangentially related figures, like actress Felicia Day, were also doxxed. Day’s personal information was released after she wrote an essay about her opinion on GamerGate.

Swatting: Ted Lieu 

Congressman Ted Lieu, who currently represents the 33rd District of California, was swatted when he was a state senator. When he was swatted, Lieu had recently introduced a bill that would actually increase penalties for anyone who engaged in swatting behavior. In April 2013, the police received a call from someone pretending to be Lieu, who claimed he had shot his wife. Lieu was actually out but his wife, Betty, was in the house. Police went to the house and made Betty and their nanny exit the house with their hands up.

Swatting: Celebrities

A number of celebrities have been swatted, perhaps most famously Lil Wayne. In March 2015, an anonymous caller called the police and claimed that four people had been shot at his house in Miami Beach. Miley Cyrus was swatted in 2012, after reports of an armed kidnapper and shooting at her California home. Ashton Kutcher and Justin Bieber were both swatted by a 12-year-old Southern California boy in 2012. Dozens of other celebrities have been victim to swatting, including Simon Cowell, multiple members of the Jenner/Kardashian clan, Rihanna, Tom Cruise, Chris Brown, Clint Eastwood, and Taylor Swift.

Laws Against Doxxing and Swatting

Whether or not doxxing is technically illegal is somewhat up for debate. Most countries don’t have laws that specifically prohibit doxxing, although there are some that have codified it. In the UK in 2016, doxxing was explicitly added to a list of behaviors that can be prosecuted. But in most places, doxxing can be prosecuted only if it’s deemed to fall under another kind of criminal behavior, such as harassment. In cases where a person’s private information, like a Social Security number, is doxxed, it could constitute identity theft. That being said, it’s very difficult to prosecute people for doxxing because it is so often done under the cloud of anonymity. Sometimes it happens across state or country lines. At the end of the day, it’s a tough issue to prosecute.

The legal lines when it comes to swatting are slightly more clearly defined. For one, making false reports to police officers are illegal in many places. And plenty of people have been prosecuted for their role. Individual states, including California, have specifically implemented anti-swatting laws–it was while working on those laws that Lieu was actually swatted himself.

In 2015, Representative Katherine Clark (D-MA) introduced legislation that would have made swatting expressly illegal in Congress–the Interstate Swatting Hoax Act. In this bipartisan effort, Democrat Clark was joined by Republican Representative Pat Meehan of Pennsylvania. Clark’s office published a release that explained the dangers of swatting and pointed out that it’s actually quite costly:

The FBI estimates 400 swatting attacks occur every year. Some attacks, however, have been reported to cost local law enforcement agencies as much as $100,000.  The most serious cost of these attacks is the danger they pose to emergency responders, innocent victims, and their families. Swatting attacks have resulted in injury to law enforcement officers, heart attacks, and serious injury to victims.

The bill didn’t end up making it to a vote but perhaps unsurprisingly, Clark herself was swatted in 2016. An anonymous call made to the local police claimed that there was an active shooter at her home.

However, like with doxxing, it’s very difficult to determine who the perpetrator of a swatting crime is. In general, doxxing and swatting are versions of harassment that require some sort of technological sophistication to be able to pull off. That makes it difficult to identify, arrest, and prosecute suspects.

Conclusion

Doxxing and swatting are just two examples of the kind of harassment made possible by the internet. But while both wouldn’t be possible without the internet, they can lead to real world consequences. For example, an emotional video went viral in 2015 where video game live-streamer named Joshua Peters described how when he was the victim of a swatting, police aimed a gun at his 10-year-old brother who happened to open the door. Given that SWAT raids can lead to officers mistakenly shooting someone, or shooting someone for a relatively minor infraction, it’s not impossible to imagine that swatting could turn deadly for a victim. While it’s hard to prosecute doxxing and swatting, they are clear markers that online harassment doesn’t just affect us online.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Yes, you read the title right. Incorporating elements of pop culture, like “Breaking Bad,” into the classroom has become a popular new trend for undergraduate and graduate schools looking to engage their students. Schools such as the University of New Mexico have begun using pop culture case studies as instructional tools, while others major universities including Rutgers, the University of South Carolina, UC Berkeley, and Georgetown have opted to design courses dedicated entirely to singers, movies, television shows, sports, and other celebrities.

Have you ever considered the legal ramifications that fictional meth producers Walter White and Jesse Pinkman would have faced in the real world, as well as the questionable legal practices of defense attorney, Saul Goodman? A class at the University of New Mexico Law School analyzed the legal issues surrounding this popular television show and published their findings in a student-run journal for the school.

From The New Mexico Law Review “Breaking Bad” edition. http://t.co/xSmSg84ONg pic.twitter.com/1gYrz12VQy

— Ed Bott (@edbott) May 20, 2015

The students of this criminal law class, as well as the other contributing professors who helped to create this journal, found a multitude of legal issues within “Breaking Bad.” They discovered the actions of the show’s DEA agents to be controversial in certain instances and obviously illegal at other times, and yet these fictional agents were never stopped or questioned.

Saul’s practices as a lawyer are very shady and illegal, as he is known for laundering money to drug lords and going beyond his legal reach. When examining how Walter would likely be prosecuted, the students concluded that he would most likely receive a harsh sentience but avoid the death penalty in real life since the practice is no longer used in the state of New Mexico. While this show was very entertaining for viewers, it was not always realistic due to the exaggerated and felonious actions of most of the characters.

Other universities have chosen to create classes entirely pop-culture themed. At the University of New Hampshire, a class was created to analyze Deflategate–the recent scandal where the New England Patriots football team was accused of deflating its footballs before a game–as well as other sporting events and how they relate to the legal system. UCLA Law School has also joined in on this trend with a course called Law and Pop Culture, where students are assigned the task of watching popular television shows or films relating to the legal system, including lawyers, the criminal justice system, and the jury, which they will later apply to their coursework.

There are also many options available for undergraduate students who are interested in learning about their favorite pop-culture subjects. Famous singers such as Lady Gaga, Miley Cyrus, and Beyonce now all have classes devoted to them and studying their fame, allowing students to draw connections to subjects like sociology and philosophy.

According to the Mother Nature Network (MNM), movies such as Harry Potter, Spiderman, and Star Trek are all subjects of classes analyzing the popular franchises. MNM also noted that many popular television shows have become the core focus of several college classes throughout the country, such as The Simpsons, Judge Judy, and Days of Our Lives.

Times are changing, and as a result universities are beginning to recognize that in order to better accommodate and attract students to their schools, they have to vary their course offerings. No matter what you are interested in, there is probably a course out there that would appeal to you. Comparing core principles of classes to new themes could actually be a very effective way of maintaining students’ attention, as well as give them new ways to better comprehend course material.

What topics would YOU like to see being incorporated into your classes?

Toni Keddell

Toni Keddell is a member of the University of Maryland Class of 2017 and a Law Street Media Fellow for the Summer of 2015. Contact Toni at staff@LawStreetMedia.com.

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From the time we are in elementary school, we are told that copying from someone else’s paper is wrong. As we get a little older, we are given other names for this copying: plagiarism and intellectual property theft. Often, even those who believe that intellectual property laws are a threat to creativity and equitable access to knowledge recognize that even if something is not illegal, it is better form to give credit where credit is due. But a new question has popped up recently: does this logic apply to culture, as well? Some say yes and call it cultural appropriation. But what exactly is cultural appropriation, and when do we cross the line between appropriation and appreciation?

 What is cultural appropriation?

Cultural appropriation is often defined as being similar to intellectual property theft, but with more overt and culturally offensive aspects.

Cultural appropriation is the adoption or theft of icons, rituals, aesthetic standards, and behavior from one culture or subculture by another. It generally is applied when the subject culture is a minority culture or some how subordinate in social, political, economic, or military status to the appropriating culture. This ‘appropriation’ often occurs without any real understanding of why the original culture took part in these activities or the meanings behind these activities, often converting culturally significant artifacts,practices, and beliefs into ‘meaningless’ pop-culture or giving them a significance that is completely different/less nuanced than they would originally have had.

Viewed as a direct continuation of imperialist violence–which assumes that the land, labor, and bodies of people of color are available for white consumption–cultural appropriation “treats all aspects of marginalized cultures… as free for the taking.”

Conversations about the controversy also often come up when discussing music, such as this interview with Azealia Banks over white artists’ cultural appropriation.

But can you really steal a culture?

On the flip side of things, some people believe that accusations of cultural appropriation need to be wielded much more carefully. Arguing that “you can’t ‘steal’ a culture,” American political commentator and linguist John McWhorter asserts that, “with gay white men and black women, for example, it’s not as if the black women are being left without their culture after the ‘theft’ or as if gay white men are somehow out there ‘out-blacking’ the women they ‘stole’ from.” (This refers to white gay men who affect speaking patterns and mannerisms that are often more readily culturally associated with black women.) McWhorter warns that people accusing others of “stealing” culture through appropriation are using the very specific term too loosely. He argues that the loosening of our language allows flippant accusations to be made when more serious issues can be dealt with.

Additionally, accusations of cultural appropriation often generate assumptions about the race, ethnicity, religion, or sexuality of the people involved. This is alluded to by Howell in the video above, which he starts by cautioning viewers not to pre-judge what he says by the color of his skin. He goes on to argue that it is a compliment to people of color (specifically, he is talking about black people) when white people want to engage in aspects of black culture that they find attractive and fun. Reminding his viewers that it is not “wrong” or “low-class” to be black or to perform blackness through dress or actions, Howell argues that cultural appropriation is not actually appropriation at all, but rather a form of a compliment that has the potential to dismantle racist and/or classist assumptions about black people.

In a similar vein, it is often argued that accusing someone of appropriating another culture can force unwanted assumptions onto people. These incorrect assumptions happened to a bride named Krista, who was accused online of cultural appropriation for pictures of her wedding that were posted online. The wedding integrated aspects of Lenape culture, a Mid-Atlantic Native American tribe. Krista, however, reminded online discussants that she has a Lenape background, even though people assumed she was white based on her features and the color of her skin.

Appreciation or Appropriation?

Here are some examples of widely-talked about accusations of cultural appropriation in recent pop culture.

Case Study: Miley Cyrus

Accused by many as putting on a tremendously racist “minstrel show” in her “We Can’t Stop” video and its performance at the 2013 VMAs, Miley Cyrus has been resoundingly condemned by Anne Theriault for having “used black women as props — like, literal props... Miley was, at one point, slapping a faceless black woman on the ass as if she was nothing more than a thing for Miley to dominate and humiliate.” Critics also noted the historical significance of Cyrus’ performance; like so many other white performers before her, Cyrus used black culture and black bodies to re-brand her own image. Her unapologetic use of black women’s bodies to make herself look “cooler” was described by Jody Rosen of Vulture: “Cyrus is annexing working-class black “ratchet” culture, the potent sexual symbolism of black female bodies, to the cause of her reinvention: her transformation from squeaky-clean Disney-pop poster girl to grown-up hipster-provocateur.”

Following Cyrus’ performance there were powerful calls for black female performers to “just say no” to requests to be in her videos or shows in the future. Musician Big Freedia made sure Cyrus knew she wasn’t even succeeding at her attempts to twerk, sardonically offering, “just get me and Miley together so I could give her ass some lessons.”

In the midst of these accusations of Cyrus’ cultural appropriation, however, there were calls to “go easy” on the performer. In the rush to defend Cyrus, Washington Post columnist Clinton Yates asserted that, “it is inherently racist to imply that there is anything wrong with anyone other than black women twerking.” Arguing that the term “hood” connotes affection when said by white people today, McWhorter had a series of questions for those calling Cyrus out on racism. He wanted to know, “How do we know Cyrus isn’t sincere when she says she loves “hood” culture? Because she’s white? I’m afraid that’s a little 1955.”

Entering the realm of accusations of “reverse racism,” these writers argued that cultures are inherently going to borrow from each other whenever they coexist in society. Restraining white people from borrowing from people of color is unfair if the expectation is that it is not culturally appropriate for people of color to adapt aspects of white culture.

Case Study: #BlackLivesMatter

In the wake of the highly publicized and protested murders of Trayvon Martin and Eric Garner, the slogans “I am Trayvon Martin” and “I Can’t Breathe” rose to the fore of social justice forums. White people were frequently seen in hoodies claiming to “be” Trayvon Martin, and–as seen above–white people were frequently seen claiming to not be able to breathe. Here, the violent potential of cultural appropriation became explicitly clear to some. White users of the hashtag #AllLivesMatter, or asserting that “I am Trayvon Martin” or “We Can’t Breathe” were accused of cultural appropriation because they were attempting to take the experiences of black people as their own. In doing so, they erased the racist dimensions of police violence by “deracializing” the issue, making it about “All Lives” instead of “Black [and Brown] Lives.”

According to critics, by claiming false solidarity–and thus appropriating the cultural experiences of black people–with the deaths of these and other black people at the hands of police, white people were shifting the focus from #BlackLivesMatter to #AllLivesMatter. These hashtags have been used to refer to two related social movements. #BlackLivesMatter refers to activism attempting to call attention to police violence against black people. #AllLivesMatter refers to activism that states that while police violence against people of color is a problem, it is damaging to focus on race in discussions of police violence. In doing so, people using the hashtag #AllLivesMatter claimed that we live in a colorblind society, which threatens to erase the fundamental violence of racism.

However, the #AllLivesMatter hashtag and protests were largely framed as a response to the shooting of two police officers in New York City. These activists pointed out that in addition to black lives mattering, as Raleigh Police Chief Cassandra Deck-Brown stated, “I must say that blue lives do matter. But as I close, I must say that we as a community must begin to recognize that all lives matter.” Basing their rhetoric off of an impulse to ensure that people didn’t feel threatened by, but rather welcomed to join in solidarity with protests surrounding the violent deaths of young people, #AllLivesMatter advocates have decided that it is more important to embrace a less specifically racial call in favor of avoiding any accusations of divisiveness.

ALL LIVES MATTER! United We Stand! Divided We Fall.. Let's Get it together! #AllLivesMatter… http://t.co/uJmI7h8bG0

— Destined (@theatreprince) December 14, 2014

So, is cultural appropriation ever appropriate?

In a scathing critique of Cyrus’ performances as cultural appropriation, Dodai Stewart cautioned readers, “Let’s not get it twisted: The exchange and flow of ideas between cultures can be a beautiful thing. I believe in cross-pollination and being inspired by those whose experience is not like your own.” There’s obviously no clear line here. Perhaps the key is constantly checking in on the impacts of actions, all the while drawing and abiding by distinctions between admiration and exotification, inspiration, and appropriation.

Resources

Zine Library: Cultural Appropriation or Cultural Appreciation?

Hot97: Azaelia Banks on Iggy Azalea

Daily Beast: You Can’t ‘Steal’ a Culture: In Defense of Cultural Appropriation

OffBeatEmpire: Think Twice Before Appointing Yourself Cultural Appropriation Police

Colorlines: On Saying No to Miley Cyrus, the Habitual Cross-Twerker

Huffington Post: What Miley Cyrus did was Disgusting — But Not for the Reasons You Think

Washington Post: Miley Cyrus and the Issues of Slut-Shaming and Racial Condescension

New Republic: Miley’s Twerking wasn’t Racist

Jezebel: Yes, All Lives Matter. Now Shut Up About It

Georgia Political Review: ‘I Am Not Trayvon Martin’: Dismantling White Privilege in Activism

CBS Los Angeles: Things Heat Up as Pro-Police Demonstrators Hold ‘All Lives Matter’ Rally

WRAL: Raleigh Police Chief: Black, Blue, All Lives Matter

Jennifer Polish

Jennifer Polish is an English PhD student at the CUNY Graduate Center in NYC, where she studies non/human animals and the racialization of dis/ability in young adult literature. When she’s not yelling at the computer because Netflix is loading too slowly, she is editing her novel, doing activist-y things, running, or giving the computer a break and yelling at books instead. Contact Jennifer at staff@LawStreetMedia.com.

The post Cultural Appropriation: What’s Appropriate? appeared first on Law Street.

In case you hadn’t heard from the overwhelming amount of posts dedicated to them, the MTV Video Music Awards happened on Sunday. I, along with millions of other pop-culture followers, tuned in to watch the usual shenanigans of the music industry’s most famous and most notorious. As predicted, there was twerking, flashy costumes, lip-syncing, wardrobe malfunctions, laughter, tears, tripping, and Moonmen. Basically: all the things that forever have me questioning why I watch this nonsense in the first place.

But then, two things of note happened. The first, out of all the unlikely sources, came from the Artist Formerly Known as Hannah Montana.

Yes!

When her name was announced as the winner of Video of the Year (for “Wrecking Ball”, naturally), Miley Cyrus sent up a man named Jesse in her stead. Jesse took out some cards and began speaking. What followed was surprising and heart-wrenching:

“My name is Jesse and I’m accepting this award on behalf of the 1.6 million runaways and homeless youth who are starving, lost, and scared right now. I know this because I am one of these people.”

Visibly nervous, Jesse went on to explain, through constant cheers from the audience, how you could go to Miley’s Facebook page and donate money to help homeless youth in America. I was extremely impressed with this gesture from Miley, as she is now utilizing her substantial fan base to raise awareness and funds for an important cause.

Well done, Miley!

The VMAs were far from done, though. Before the night was through, another celebrity chose to use her VMA performance as a loudspeaker for one of my favorite subjects: feminism. Enter Beyonce.

Courtesy of beyoncegifs.tumblr.com

 Like every Beyonce performance ever, she had intense dance moves, sparkly costumes, and so-so vocals. But her music is not why we are here. No, THIS is why we are here:

Courtesy of beyoncegifs.tumblr.com

In a world where feminism is still (somehow) misunderstood, one of the most popular musicians of our generation declared herself a feminist. That’s not all. Before lighting up “FEMINIST” in big letters, we heard the words of Nigerian author Chimamanda Ngozi Adichie:

“We teach girls to shrink themselves, to make themselves smaller. We say to girls, you can have ambition, but not too much. You should aim to be successful, but not too successful. Otherwise, you would threaten the man…Feminist: a person who believes in the social, political, economic equality of the sexes.”

If you haven’t already, listen to the rest of this woman’s wise words. The entire speech can be watched here. Go ahead, watch. I’ll wait.

Done? Good.

So Beyonce not only declared herself a feminist, she defined what feminism truly is and did it in front of millions of viewers. I gave her a standing ovation right in my living room. Yet, in spite of all the truth she used her performance to convey, she is still getting negative feedback:

If Beyoncé is a feminist then I think it’s a very cheap and easy sort of feminism she’s flogging. Not really my thing.

— Billy Lunn (@billysubway) August 25, 2014

If Beyoncé has taught us anything, it’s that strip clubs need 10′ tall “FEMINIST” signs

— David Burge (@iowahawkblog) August 26, 2014

Beyoncé, you’re not a feminist. You sing the lyrics “If you liked it then you should have put a ring on it”. That’s the opposite of feminism — Ryan Travers (@ryantravers) August 25, 2014

I couldn’t hear Beyonce’s #feminist statement @ #VMAs over the thong & glittered ass dance ensemble behind her. #ILikeBigButtsAnICannotLie

— Su Castillo (@snarkyzebra) August 27, 2014

Thanks to @Beyonce I learned tonight that requiring female back-up dancers to dry hump everything in sight is #Feminism. Empowering! #VMA

— Derek Hunter (@derekahunter) August 25, 2014

why can’t Beyoncé make her mind between feminism and female objectification though — Matt Gehring (@mattygehrbear) August 25, 2014

See anything wrong with these? You should. All of them perpetuate a view that someone can somehow demonstrate “incorrect” feminism or that they aren’t “feminist enough.” Really? When feminism’s definition was literally spelled out in front of you?

Just because someone dresses sexy, dances provocatively, or strips on a stripper pole does not mean they can’t be a feminist. Just because a woman is a stay-at-home mom, a Christian, or happily married, does not mean she can’t be a feminist. Feminism does not just encompass all women, it encompasses all people from all walks of life.

If you believe women should be given equal salaries to men in the same field: that’s a feminist ideal. If you believe a woman can be whatever she wants to be, like the President of the United States, or an exotic dancer, or a soccer mom: that’s a feminist ideal. If you think women are objectified in media and entertainment, so do feminists.

“Feminist: a person who believes in the social, political, economic equality of the sexes.”

How much clearer can you get? Beyonce performing sexually suggestive routines and songs does not mean she cannot call herself a feminist. Anyone who says otherwise is drawing attention away from the fact that she used her considerable influence to get across a feminist message. For that, we should applaud her. Luckily, most everywhere you look, praise for her VMA performance far outweighs the ridicule and misunderstanding. There is hope for humanity yet!

If nothing else, what should come out of both Beyonce’s and Miley’s demonstrations at this year’s VMAs are more celebrities supporting good causes. When they have such large followings, why wouldn’t they? So Beyonce, Miley: you two keep doing you.

Morgan McMurray

Morgan McMurray is an editor and gender equality blogger based in Seattle, Washington. A 2013 graduate of Iowa State University, she has a Bachelor of Arts in English, Journalism, and International Studies. She spends her free time writing, reading, teaching dance classes, and binge-watching Netflix. Contact Morgan at staff@LawStreetMedia.com.

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Last month, clothing retailers American Apparel and Aldo fired fashion photographers Terry Richardson and Dov Charney for sexually harassing models. Several models have spoken out about their inappropriate behavior over the last few years, so why did these companies wait until now to react? Justice didn’t last long in Charney’s case, however, as the American Apparel founder and CEO was rehired a week later as strategic consultant while the company reviews any past accusations of sexual harassment.

The modeling industry is one of the few professions where workers are not always treated like real people, because the job description mostly entails selling their bodies. Until fairly recently, there were few if any laws protecting model’s rights. Last year veteran model Coco Rocha and the Model Alliance helped pass a law in the state of New York recognizing models under the age of 18 as child performers, limiting the number of hours they are allowed to work. The Model Alliance has also drafted a Model’s Bill of Rights stating that agents and photographers are to maintain a professional relationship with the models they work with, and it also calls for models to be informed ahead of time if a shoot will involve nudity so they can give prior consent. No model under the age of 17 can pose nude or semi-nude.

But there is also a bigger issue at hand: the female model’s word against that of these reputable male photographers. In this interview with HuffPost Live, Model Alliance founder Sara Ziff explains why she will never work with Richardson again and why models may feel pressured to put themselves in compromising positions, when working with photographers like him.

Ziff mentions the Model Alliance’s amnesty service as a way to provide legal aide to models who have been taken advantage of by photographers, since there are no official laws to protect them in situations like this. The Model Alliance’s efforts are certainly a step in the right direction, but potential clients like Harper’s Bazaar, American Apparel, and Aldo ultimately have the power to refuse to work with alleged offenders. These companies most likely have a zero-tolerance policy for sexual harassment protecting all of their other employees, so why not their models too?

Somewhere along the way, an inherent double-standard formed in the industry. Despite the decent amount of women in corporate fashion positions, the male gaze still governs a lot of what we see in magazines. These models lose their rights as humans because someone like Terry Richardson is an untouchable fixture in the industry. Ziff mentions that a model’s career isn’t really legitimized until she shoots with Richardson. Models may feel obligated to do whatever he tells them to do and he clearly takes advantage of that if he tries to engage in sexual activity with them.

If you need further convincing that there’s a double-standard, here are some of Richardson’s ads with the female models replaced with men.

Courtesy of Lauren Wade via Takepart

Notice this ad blatantly says “For Men.” Fashion is stereotypically a women’s industry yet most ads appear to be created for the male gaze. Is the fragrance for men or are those breasts for men?

Meanwhile, some women have defended Richardson when he’s come under fire. Musicians Miley Cyrus and Sky Ferreira are publicly known to be friends with the photographer and continue to work with him year in and year out. Ferreira recently claimed, “I have never been forced or manipulated into anything. I made a music video with him and I have never felt uncomfortable with Terry and had 99 percent of the creative control.” Perhaps this is because artists are protected by their own celebrity and do not have the same sense of anonymity as a model would. Someone like Richardson may see a model as just a face or body, whereas he may want to go out of his way to please a famous client like Cyrus or Ferreira.

Charney and Richardson have been able to keep their jobs for so long, despite these allegations because they have taken advantage of women whose jobs involve using their own bodies to market a product. Both women and men in the industry, however, need to realize that models are not mannequins, they are people employed to do a job that happens to involve their bodies. The job description by no means includes having their bodies violated for the pleasure of others. Ziff says it herself: “The choice between an uncomfortable sexual situation and your job, that’s the definition of sexual harassment.” If sexual harassment is unacceptable in all other workplaces, it should be unacceptable in these models’ line of work as well.

The Model Alliance is definitely taking a step in the right direction by offering a safe space for models to turn, but in order to guarantee absolute safety in their workplace, legal action must be taken. The laws passed by the state of New York also only really protect underage runway models. Sexual harassment issues lie predominantly with print models, and there need to be laws to protect them both inside and outside the studio. Not all models may belong to the Model Alliance, so if there were official laws protecting them, they might not be so afraid to speak up about harassment.

While it may be difficult to enact such regulations on an international level, the Model Alliance could at least start on a national level in collaboration with the Council of Fashion Designers of America. The industry has a responsibility to protect all of its employees, and that includes its models, the literal faces of fashion.

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Katherine Fabian (@kafernn) is a recent graduate of Fordham University’s College at Lincoln Center and is currently applying to law schools, freelance writing, and teaching yoga. She hopes to one day practice fashion law and defend the intellectual property rights of designers.

Featured Image Courtesy of [American Apparel via Flickr]

Katherine Fabian

Katherine Fabian is a recent graduate of Fordham University’s College at Lincoln Center. She is a freelance writer and yoga teacher who hopes to one day practice fashion law and defend the intellectual property rights of designers. Contact Katherine at staff@LawStreetMedia.com.

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