Tuesday, June 17, 2014


Brenda Cablayan, Queen St. Corridor
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The Dark Side Of Facebook

On Feb. 10, Jason Fyk received a strange Facebook message.

“Bro.”

The message had been sent by someone who wasn’t his friend on the social network, someone using the alias “Anthony.*” It was a name Fyk had come to know and dread.

Minutes later, the traffic on his website, FunnierPics.net, nosedived. Google Analytics showed the number of active readers drop from 3,000 to zero instantly.

When Fyk, known online as Jason Michaels, clicked over to his company’s Facebook page, WTF Magazine, he found another message from Anthony.

“Site’s down :(.”

Fyk’s business was under attack, and not for the first time. He’d spent the past few years locked in ferocious virtual combat over his Facebook pages, battling a shadowy group of adversaries that he and his friends call Script Kiddies, on the assumption that they're young hackers who exploit low-level vulnerabilities on others' sites.

Fyk said he received this Facebook wall post right as his site was crashing.

Anthony prefers the name the Community, and he readily admits — albeit communicating only under a pseudonym — that the group’s activities include hijacking valuable Facebook pages for fun and viral fame. (Meanwhile, Anthony and his cohorts refer to the WTF team as the Neckbeards.)

One of Fyk’s employees quickly determined that FunnierPics.net was under a distributed denial-of-service (DDoS) reflection attack. When Fyk’s team contacted the host, GoDaddy, they learned an estimated 70,000 servers had gone dead, resulting in more than 1 million customers losing web service. Fyk’s IP address, GoDaddy confirmed, was the attackers’ target. The others were collateral damage.

“Imagine the World Wide Web is like a six-lane highway, and each exit is its own server,” Fyk said. “And one of the exits is my server.” The attack sent so much traffic up the road to Fyk’s exit that every exit preceding it became jammed as well.

And the waves of bots were still coming.

Within 16 hours, Fyk’s team got his site working again, but not before they’d lost $15,000 in ad revenue. Since then, his company has been subjected to a number of similar attacks, and one of Fyk’s most valuable Facebook pages, an MTV fan page with 1.3 million fans, has been hijacked, stolen by a user who used a security glitch.

Fyk, 40, is a self-made millionaire who’s built his fortune almost entirely on Facebook. It’s a rewarding business but not without its challenges. Not only must he play a constant game of cat and mouse with hackers and digital thieves but he must do so on a field of battle that is constantly shifting because of Facebook’s habit of routinely — and mysteriously — tweaking its algorithm.

“It’s legitimately a cyber war,” said Fyk, who describes his archenemies as tech-savvy teens who are motivated by boredom. “I make almost a quarter-million dollars a month, so I have to protect what I’m doing. That means if I have to play their kiddie game, I play. I don’t have a choice.”

They may be kiddie games, but they are hardly trivial, having led to physical threats, out-and-out swindling, and run-ins with police.

And while Facebook security monitors for suspicious behavior, digital theft seems to be running rampant.

by Alyson Shontell, Business Insider |  Read more:
Image: Business Insider

More Corporations Using Tag And Release Programs To Study American Consumers

In an effort to more closely observe the group’s buying habits and personal behaviors, a growing number of corporations are turning to tag and release programs to study American consumers, sources confirmed Friday.

According to reports, multinationals such as Kraft, General Electric, Goodyear, and Apple have embraced the technique of tracking down potential customers in their natural habitats of department stores and supermarkets, forcibly tranquilizing them as they shop, and then fitting them with electronic tracking devices that allow marketing departments to keep a detailed record of individuals’ every movement and purchasing decision.

“In recent weeks, we have employed our tag and release initiative to sedate and earmark consumers in several Costco parking lots and Best Buy television aisles, which has already yielded valuable data from numerous middle-class family units,” said Sony market researcher Nathan McElroy, whose team gathers data on the consumer population by attaching radio-transponder collars to specimens across all age groups and income levels. “Today we subdued and chipped a beautiful white male earning $60,000 annually whose subsequent actions—where he eats, where he works, whether he purchases extended warranties on electronic devices—will give us important insights into his demographic.”

“We’re really starting to get a clear idea of just what sales promotions and big-ticket expenditures make these fascinating creatures tick,” he continued.

Representatives from several Fortune 500 companies described to reporters a delicate process in which marketing associates journey to such varied field sites as Marshalls, OfficeMax, and Bed Bath & Beyond, where they lie in wait behind a row of shopping carts or a promotional cardboard cutout. Once a desirable target moves into view, a member of the marketing team reportedly attempts to immobilize it by firing a tranquilizer dart into its neck or haunches before it can panic and skitter off into another aisle. The unconscious consumer is then fitted with a small, subdermal acoustic tag that is synced to the subject’s credit cards, allowing marketers to both physically and financially track their quarries.

Claiming that every effort is taken to employ humane handling procedures and inflict minimal trauma, marketing associates stressed that consumers always wake up in the same clothing department or mini mall in which they were found, and most obliviously resume their browsing of store shelves within 30 minutes of being sedated.

by The Onion |  Read more:
Image: uncredited

The Disruption Machine

Every age has a theory of rising and falling, of growth and decay, of bloom and wilt: a theory of nature. Every age also has a theory about the past and the present, of what was and what is, a notion of time: a theory of history. Theories of history used to be supernatural: the divine ruled time; the hand of God, a special providence, lay behind the fall of each sparrow. If the present differed from the past, it was usually worse: supernatural theories of history tend to involve decline, a fall from grace, the loss of God’s favor, corruption. Beginning in the eighteenth century, as the intellectual historian Dorothy Ross once pointed out, theories of history became secular; then they started something new—historicism, the idea “that all events in historical time can be explained by prior events in historical time.” Things began looking up. First, there was that, then there was this, and this is better than that. The eighteenth century embraced the idea of progress; the nineteenth century had evolution; the twentieth century had growth and then innovation. Our era has disruption, which, despite its futurism, is atavistic. It’s a theory of history founded on a profound anxiety about financial collapse, an apocalyptic fear of global devastation, and shaky evidence.

Most big ideas have loud critics. Not disruption. Disruptive innovation as the explanation for how change happens has been subject to little serious criticism, partly because it’s headlong, while critical inquiry is unhurried; partly because disrupters ridicule doubters by charging them with fogyism, as if to criticize a theory of change were identical to decrying change; and partly because, in its modern usage, innovation is the idea of progress jammed into a criticism-proof jack-in-the-box.

The idea of progress—the notion that human history is the history of human betterment—dominated the world view of the West between the Enlightenment and the First World War. It had critics from the start, and, in the last century, even people who cherish the idea of progress, and point to improvements like the eradication of contagious diseases and the education of girls, have been hard-pressed to hold on to it while reckoning with two World Wars, the Holocaust and Hiroshima, genocide and global warming. Replacing “progress” with “innovation” skirts the question of whether a novelty is an improvement: the world may not be getting better and better but our devices are getting newer and newer.

The word “innovate”—to make new—used to have chiefly negative connotations: it signified excessive novelty, without purpose or end. Edmund Burke called the French Revolution a “revolt of innovation”; Federalists declared themselves to be “enemies to innovation.” George Washington, on his deathbed, was said to have uttered these words: “Beware of innovation in politics.” Noah Webster warned in his dictionary, in 1828, “It is often dangerous to innovate on the customs of a nation.”

The redemption of innovation began in 1939, when the economist Joseph Schumpeter, in his landmark study of business cycles, used the word to mean bringing new products to market, a usage that spread slowly, and only in the specialized literatures of economics and business. (In 1942, Schumpeter theorized about “creative destruction”; Christensen, retrofitting, believes that Schumpeter was really describing disruptive innovation.) “Innovation” began to seep beyond specialized literatures in the nineteen-nineties, and gained ubiquity only after 9/11. One measure: between 2011 and 2014, Time, the Times Magazine, The New Yorker, Forbes, and even Better Homes and Gardens published special “innovation” issues—the modern equivalents of what, a century ago, were known as “sketches of men of progress.”

The idea of innovation is the idea of progress stripped of the aspirations of the Enlightenment, scrubbed clean of the horrors of the twentieth century, and relieved of its critics. Disruptive innovation goes further, holding out the hope of salvation against the very damnation it describes: disrupt, and you will be saved.

Disruptive innovation as a theory of change is meant to serve both as a chronicle of the past (this has happened) and as a model for the future (it will keep happening). The strength of a prediction made from a model depends on the quality of the historical evidence and on the reliability of the methods used to gather and interpret it. Historical analysis proceeds from certain conditions regarding proof. None of these conditions have been met.

by Jill Lepore, New Yorker |  Read more:
Image: Brian Stauffer

Monday, June 16, 2014

The Scent(s) of a Woman

[ed. I've been partial to Oh! de London, ever since high school (for good reasons!). I hear there are re-manufactured versions out now, but nothing like the original.]

Long before I began to learn about it, I was attracted to the idea of perfume. Unlike lipstick, scent changes in contact with each individual, so finding the right one represents a real feat. This might be why people adopt a “signature scent”—it’s so much effort to find one that works with your body. (Michelle Obama apparently smells like cherries. Virginia Woolf is supposed to have smelled like woodsmoke and apples.) And unlike a pair of high heels, perfume doesn’t hobble the newbie (unless scent gives you migraines). Perfume seemed part and parcel of womanhood—its nature, invisible but sweet, sums up the expectations for women’s behavior through most of history—but the existence of cologne and aftershave blur gender lines. It isn’t just women who want to smell good. It’s people.

But while perfume was especially enticing, it was also particularly confusing. Sephora sells nearly 500 perfume varietals, while sites like The Perfumed Court stock thousands, an overwhelming array of choice. Niche stores like New York’s Bond No. 9—with less than fifty scents—weed out the objectively bad ones, celebrity scents made to smell like Jennifer Aniston’s childhood or Jennifer Lopez’s last love affair or largely reviled fragrances like Clinique Aromatics Elixir, described by one reviewer as smelling of “cats, mothballs, and fruitcakes.” But such selective stores tend to be wildly expensive and intimidating for the novitiate. You have to know something about perfume to even know they exist.

Needing a push, I mentioned my interest in perfume to one of my bosses, a stylish but intellectual woman whom I respect. It was awkward to talk about, but when trying new things, in the words of Grace Paley, “it’s as though you have to be artificial at first.”

My boss encouraged me to look into it, supplying links to a few perfume websites. I thanked her but told her I wouldn’t know where to begin: everything had too many reviews, all of which seemed conflicting, most written in a language I didn’t understand. What were top notes? What were bergamot and chypre? How was I supposed to know what constituted a long life, perfume-wise?

Eventually, that same boss sent me an enormous book called Perfumes: The Guide, by scent experts Luca Turin (also a biophysicist) and Tania Sanchez. Their prose is acerbic and witty and damn good as they tour perfume history and basic terminology, reviewing almost 1,500 scents. A book like this was the ideal solution; allaying my fear that wanting some of the trappings of womanhood (sounding too much, to my nervously feminist ear, like “the trap” of womanhood) was a shallow, regressive goal. I read it on the train—surrounded by the far less pleasant scents of the subway—and felt saved: I was attending a womanhood seminar of one.

by Autumn Whitefield-Madrano, TNI |  Read more:
Image: uncredited

Jeffrey Smart, Approach to a City III
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Sunday, June 15, 2014

The End

[ed. Another perspective on suicidal ideation.]

The difference between the person who has considered suicide and the one who actually commits it is small. You could say the difference is conditional, accidental even. Committing an act of suicide is just the culmination of a journey, a journey of dangerous ideas that, once allowed into the mind, can never be fully shaken off. This does not mean that suicidal thoughts lead inevitably to suicide. The world’s population would be much smaller if that were the case. What it does mean is that a person who has considered suicide lives, thereafter, with a sort of seductive madness. To entertain suicide is to imagine that the most uncontrollable fact of life — other than birth — can be controlled, taken into one’s own hands, wrested from the chaos that dominates all life on Earth. We can’t escape death. But if we are to die, then why not make death ours — in the same way that we are called to make life ours — by choosing the place, the time, the manner in which we are to die, by determining how and by whom we will be found, what our final message will be, by determining how and in what manner those who love us will continue to love us, to think about us, long after we are dead.

Or so the line of thinking goes.

In Édouard Levé’s short novel Suicide, the suicide comes first.
One Saturday in the month of August, you leave your home wearing your tennis gear, accompanied by your wife. In the middle of the garden, you point out to her that you’ve forgotten your racket in the house. You go back to look for it, but instead of making your way to the cupboard in the entryway where you normally keep it, you head down into the basement. Your wife doesn’t notice this. She stays outside. The weather is fine. She’s making the most of the sun. A few moments later she hears a gunshot. She rushes into the house, cries out your name, notices that the door to the stairway leading down to the basement is open, goes down and finds you there. You’ve put a bullet in your head with the rifle you had carefully prepared. On the table, you left a comic book open to a double page spread. In the heat of the moment, your wife leans on the table; the book falls closed before she realizes that this was your final message.
Suicide is written mostly in the second person. Sometimes, though, the narrator refers to himself, and Suicide toggles back and forth between these two pronouns: the “I” of the narrator and “you,” the friend who committed suicide. This makes it feel like a letter, a letter from one childhood friend to another, regarding the latter’s suicide at the age of 25, twenty years ago. The separation between “I” and “you” often blurs. Each friend becomes a double, is defined by the other and, in turn, reflects the other. We learn that “you” died young. You studied economics; your childhood home was a chateau. You took photographs and read the dictionary. You were a virtuoso on the drums, playing solos in your basement for hours. You felt yourself ill adapted to the world, surprised that the world had produced a being who lives in it as a foreigner. You traveled to “taste the pleasures of being a stranger in a strange town.” You liked to be anonymous, a silent listener, a mobile voyeur. Eventually, you stopped traveling, preferring to be at home.
You were fascinated by the destitute and the morbidly old. Perhaps this is what you feared — to become the living dead, to commit suicide in slow motion. “You were a perfectionist,” the narrator writes. You were such a perfectionist that you wanted to perfect perfecting. But how can one judge whether perfection has been attained? … Your taste for the perfect bordered on madness…
“What was difficult for you,” writes the narrator, “wasn’t beginning or continuing but finishing… sometimes, weary of perfecting perfections, you would abandon your work without destroying or finishing it…instead of finishing the works you undertook, you finished yourself.”

Perfectionism and the fear of finishing go hand in hand. Perfectionism is a form of possession. When something is finished it cannot be possessed, it no longer belongs to us. In the constant struggle to achieve the unachievable, whether in work or in life, the perfectionist is without definitions or limits. Suicide is the infinite preservation of this state of freedom. Thus, “your” suicide and your perfectionism go hand in hand as well. This is not to say that perfectionism is a death impulse; it is the opposite. Perfectionism is the attempt to keep death at bay, to keep everything unfinished. But a lifetime of disappointment, of accomplishing nothing, of suffocating under the burden of possessing yourself with the panicked grip of a drowning man, made your life feel, ironically, foreign. You thought that your perfectionism would allow you to control your life. Instead, life controlled you. In suicide, you could be free again.

by Stefany Anne Golberg, The Smart Set | Read more:
Image Édouard Manet via Wikipedia

Bakufu Ohno (1888-1976)
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Scout-Bot
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Masters of Love

John Gottman began gathering his most critical findings in 1986, when he set up “The Love Lab” with his colleague Robert Levenson at the University of Washington. Gottman and Levenson brought newlyweds into the lab and watched them interact with each other. With a team of researchers, they hooked the couples up to electrodes and asked the couples to speak about their relationship, like how they met, a major conflict they were facing together, and a positive memory they had. As they spoke, the electrodes measured the subjects' blood flow, heart rates, and how much they sweat they produced. Then the researchers sent the couples home and followed up with them six years later to see if they were still together.

From the data they gathered, Gottman separated the couples into two major groups: the masters and the disasters. The masters were still happily together after six years. The disasters had either broken up or were chronically unhappy in their marriages. When the researchers analyzed the data they gathered on the couples, they saw clear differences between the masters and disasters. The disasters looked calm during the interviews, but their physiology, measured by the electrodes, told a different story. Their heart rates were quick, their sweat glands were active, and their blood flow was fast. Following thousands of couples longitudinally, Gottman found that the more physiologically active the couples were in the lab, the quicker their relationships deteriorated over time.

But what does physiology have to do with anything? The problem was that the disasters showed all the signs of arousal—of being in fight-or-flight mode—in their relationships. Having a conversation sitting next to their spouse was, to their bodies, like facing off with a saber-toothed tiger. Even when they were talking about pleasant or mundane facets of their relationships, they were prepared to attack and be attacked. This sent their heart rates soaring and made them more aggressive toward each other. For example, each member of a couple could be talking about how their days had gone, and a highly aroused husband might say to his wife, “Why don’t you start talking about your day. It won’t take you very long.”

The masters, by contrast, showed low physiological arousal. They felt calm and connected together, which translated into warm and affectionate behavior, even when they fought. It’s not that the masters had, by default, a better physiological make-up than the disasters; it’s that masters had created a climate of trust and intimacy that made both of them more emotionally and thus physically comfortable.

Gottman wanted to know more about how the masters created that culture of love and intimacy, and how the disasters squashed it. In a follow-up study in 1990, he designed a lab on the University of Washington campus to look like a beautiful bed and breakfast retreat. He invited 130 newlywed couples to spend the day at this retreat and watched them as they did what couples normally do on vacation: cook, clean, listen to music, eat, chat, and hang out. And Gottman made a critical discovery in this study—one that gets at the heart of why some relationships thrive while others languish.

Throughout the day, partners would make requests for connection, what Gottman calls “bids.” For example, say that the husband is a bird enthusiast and notices a goldfinch fly across the yard. He might say to his wife, “Look at that beautiful bird outside!” He’s not just commenting on the bird here: he’s requesting a response from his wife—a sign of interest or support—hoping they’ll connect, however momentarily, over the bird.
The wife now has a choice. She can respond by either “turning toward” or “turning away” from her husband, as Gottman puts it. Though the bird-bid might seem minor and silly, it can actually reveal a lot about the health of the relationship. The husband thought the bird was important enough to bring it up in conversation and the question is whether his wife recognizes and respects that.

People who turned toward their partners in the study responded by engaging the bidder, showing interest and support in the bid. Those who didn’t—those who turned away—would not respond or respond minimally and continue doing whatever they were doing, like watching TV or reading the paper. Sometimes they would respond with overt hostility, saying something like, “Stop interrupting me, I’m reading.”

These bidding interactions had profound effects on marital well-being. Couples who had divorced after a six-year follow up had “turn-toward bids” 33 percent of the time. Only three in ten of their bids for emotional connection were met with intimacy. The couples who were still together after six years had “turn-toward bids” 87 percent of the time. Nine times out of ten, they were meeting their partner’s emotional needs.

By observing these types of interactions, Gottman can predict with up to 94 percent certainty whether couples—straight or gay, rich or poor, childless or not—will be broken up, together and unhappy, or together and happy several years later. Much of it comes down to the spirit couples bring to the relationship. Do they bring kindness and generosity; or contempt, criticism, and hostility?

“There’s a habit of mind that the masters have,” Gottman explained in an interview, “which is this: they are scanning social environment for things they can appreciate and say thank you for. They are building this culture of respect and appreciation very purposefully. Disasters are scanning the social environment for partners’ mistakes.”

by Emily Esfahani Smith, The Atlantic |  Read more:
Image: sketchblog/flickr

Noncompete Clauses Increasingly Pop Up in Array of Jobs

Colette Buser couldn’t understand why a summer camp withdrew its offer for her to work there this year.

After all, the 19-year-old college student had worked as a counselor the three previous summers at a nearby Linx-branded camp in Wellesley, Mass. But the company balked at hiring her because it feared that Linx would sue to enforce a noncompete clause tucked into Ms. Buser’s 2013 summer employment contract. Her father, Cimarron Buser, testified before Massachusetts state lawmakers last month that his daughter had no idea that she had agreed to such restrictions, which in this case forbade her for one year from working at a competing camp within 10 miles of any of Linx’s more than 30 locations in Wellesley and neighboring Natick. “This was the type of example you could hardly believe,” Mr. Buser (pronounced BOO-ser) said in an interview.

Noncompete clauses are now appearing in far-ranging fields beyond the worlds of technology, sales and corporations with tightly held secrets, where the curbs have traditionally been used. From event planners to chefs to investment fund managers to yoga instructors, employees are increasingly required to sign agreements that prohibit them from working for a company’s rivals.

There are plenty of other examples of these restrictions popping up in new job categories: One Massachusetts man whose job largely involved spraying pesticides on lawns had to sign a two-year noncompete agreement. A textbook editor was required to sign a six-month pact.

A Boston University graduate was asked to sign a one-year noncompete pledge for an entry-level social media job at a marketing firm, while a college junior who took a summer internship at an electronics firm agreed to a yearlong ban.

“There has been a definite, significant rise in the use of noncompetes, and not only for high tech, not only for high-skilled knowledge positions,” said Orly Lobel, a professor at the University of San Diego School of Law, who wrote a recent book on noncompetes. “Talent Wants to be Free.” “They’ve become pervasive and standard in many service industries,” Ms. Lobel added. (...)

“Noncompetes are a dampener on innovation and economic development,” said Paul Maeder, co-founder and general partner of Highland Capital Partners, a venture capital firm with offices in both Boston and Silicon Valley. “They result in a lot of stillbirths of entrepreneurship — someone who wants to start a company, but can’t because of a noncompete.”

Backers of noncompetes counter that they help spur the state’s economy and competitiveness by encouraging companies to invest heavily in their workers. Noncompetes are also needed, supporters say, to prevent workers from walking off with valuable code, customer lists, trade secrets or expensive training.

Joe Kahn, Linx’s owner and founder, defended the noncompete that his company uses. “Our intellectual property is the training and fostering of our counselors, which makes for our unique environment,” he said. “It’s much like a tech firm with designers who developed chips: You don’t want those people walking out the door. It’s the same for us.” He called the restriction — no competing camps within 10 miles — very reasonable.

“The ban to noncompetes is legislation in search of an issue,” said Christopher P. Geehern, an executive vice president of Associated Industries of Massachusetts, a trade group leading the fight to defeat the proposed restrictions. “They’re used in almost every sector of the economy to the seemingly mutual satisfaction of employers and individuals.”

The legislative fight here pits two powerful groups against each other: venture capitalists opposing noncompetes and many manufacturers and tech companies eager to preserve them.

by Steven Greenhouse, NY Times |  Read more:
Image: Katherine Taylor

Saturday, June 14, 2014

Diane Birch & Daryl Hall

The Perfect Wedding Doesn't Exist. Stop Spending So Much and Enjoy the Party

At a wedding I attended nearly 10 years ago, the bride had a few special requirements: She wanted pie instead of cake. Also, she was deathly allergic to peanuts. So along with the addition of strawberry rhubarb and pecan pies for dessert, she stipulated in writing, and vocalized to her wedding planner, that there must be no peanuts. It was a reasonable request, given that a single bite of peanut would send the bride rushing to the nearest emergency room, hardly a longed-for wedding moment.

And then there was the financial factor: As with most weddings, quite a lot had been invested in what everyone agreed was shaping up to be a very nice event, held at a quaint but elegant Vermont inn at the height of the season. In keeping with the personalities of the bride and groom, it wasn't showy, but it did involve the typical wedding bells and whistles, for which the dollar signs inevitably added up: a planner, a caterer, photography, a band, decorations, the pies and so on.

The wedding itself went off without a hitch, the day glorious and sunny, the bridesmaids, of whom I was one, cooperative and smiling in our blue sundresses, carrying bright flowers. The ceremony was short and lovely, the band energetic and in tune. Everything was, as they say, "perfect" ... until the bride went missing mid-way through her reception.

She'd had some pecan pie.

Despite instructions to the contrary, it had been made with peanuts in the crust. Quickly, an ambulance was called and the bride's new husband gave her a shot of epinephrine. She'd go on to spend the next few hours of her wedding night not dancing and enjoying herself or even eating her pie, but in the nearest emergency room, being treated for anaphylactic shock.

I am not sharing this wedding story to invoke fear among those planning their own nuptials, nor to generate a discussion about the importance of believing people who tell you they have serious allergies (though that is important). I tell this story because we all have them. In my life as a wedding guest, I've found that every single nuptial comes with a mishap, some mistake or unexpected complication or drama or comedic accident. There's always something.

At the same time, I've noticed more and more money being invested in weddings, as if somehow, magically, spending as much as possible ensures the quality of the day – and therefore, goes the unspoken notion, a couple's future life together – as "perfect."

by Jen Doll, The Guardian |  Read more:
Image: E! News / PA

Jimmy Scott ( July, 1925 - June, 2014)


Duilio Barnabè (1914-1961) Still Life with Fruit and Oranges
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A Campus Dilemma: Sure, 'No' Means 'No,' But Exactly What Means 'Yes'?

As the federal government presses colleges to improve the way they handle cases of sexual assault, schools are turning their focus to defining "consent" — how to distinguish between activity that's consensual and activity that's not.

On one level, it's obvious. As the old line goes, "You know it when you see it." But less obvious is how to spell it out for the student handbook. There are about as many different definitions of consent as there are colleges.

"If consent were easy to put into words, we'd have a sentence, and we wouldn't have a page and a half of definition," says Mary Spellman, dean of students for Claremont McKenna College, which recently rewrote its definition.

As with most colleges, the bulk of Claremont McKenna's definition covers what's not consent. That's the easier part. For example, any OK from someone who's drunk or drugged or coerced can never count as consent. And consent to have sex last weekend or even an hour ago can't imply consent now.

But the definition also tries to get at those grayer areas, like when a student may be ambivalent or when something ends up happening that a student never intended. (...)

To try to make it a little more clear, some schools amend their definitions with a series of explicit scenarios that read like sexual consent word problems. Yale offers two pages of them.

In one example, "Tyler and Jordan are both drinking heavily. ... Tyler becomes extremely drunk. Jordan offers to take Tyler home ... [and] ... initiates sexual activity. ... Tyler looks confused and tries to go to sleep. Jordan has sex with Tyler."

Yale prints the answer in italics: "There was no consent to have sex. ... The penalty would be expulsion."

But other examples are trickier. One describes two friends, Morgan and Kai, who are engaging in sexual activity in Kai's room. Morgan "looks up at Kai questioningly" before escalating the activity and "Kai nods in agreement" so Morgan proceeds. But when Kai reciprocates, "Morgan lies still for a few minutes, then moves away, saying it is late and they should sleep."

On that one, Yale says that Kai wrongly assumed that it was OK to reciprocate "but took no steps to obtain unambiguous agreement. The ... penalty would likely be a reprimand."

"When you see these scenarios, you understand that this is something that is complicated," says Rory Gerberg, a student at Harvard's Kennedy School of Government who helped advise the White House on its recent guidance for schools. She says these kinds of hypotheticals are critical to showing students what "loud and clear" consent actually looks like.

Carefully crafted legal definitions are one thing, Gerberg says, "but knowing what that actually means in their life on a Friday or Saturday night is different."

by Tovia Smith, NPR |  Read more:
Image: Erin/Flickr