The Shrinking Public Square

Chris's picture
If you want to get a good idea of what we're on about with the title of this website and why the concept of "the public square" is so important to us, go on over to Audacia Ray's site, Waking Vixen. You should be doing that anyway, but if you haven't been checking her out recently, she's had some experiences lately that illustrate neatly the realities and risks of talking publicly about sex.

  • First of all, Dacia tried last month to open an account at Citibank for her business, Waking Vixen Productions. After filling out the preliminary paperwork, she received a voicemail delicately informing her that her line of business made them unable to take her account.
  • Then, early this month, she got a similar notice from iTunes, notifying her that her podcast, Live Girl Review, could no longer be included in their directory. ITunes was less direct than Citibank, saying only that podcasts could be excluded "for a variety of reasons." On checking out their podcast spec sheet, she found "strong prevalence of sexual content"  included among the possible reasons that Apple can kick you to the curb.
  • And just last week, Google yanked her Google Checkout account, barely twenty-four hours after she'd put her new short film The Love Machine up for sale. According to the e-mail Google sent Dacia, "the products or services [she's] selling on [her] website are considered ‘Restricted’ per our policy- Adult goods and services."
The last one really has to sting, because it's as stupid as it is nebulous. The letter that Google sent Dacia doesn't tell what makes her site too smutty for them to deal with, or what she has to do to clean it up. She said to me in an e-mail "If that just means taking down sales links to the Bi Apple, that's fine... but if it also means the Dacia's Love Machine is adult... I'm screwed." And of course, so is anyone else who wants to make sexuality an inherent part of public discourse, because we can't tell what the rules are. Taken either together or separately, these three incidents show how fragile the concept of the public square has become. In 1960, press critic and journalist A.J. Liebling made the famous observation that "Freedom of the press is guaranteed only to those who own one." That's even more true than it was 48 years ago; although it's theoretically easier to build and operate your own "press" -- whether it's blog software, a video camera, a copy of Photoshop, or podcasting -- whatever you produce will go nowhere if the channels of distribution are blocked off, and many of those channels are privately owned. When Elizabeth and I first created this site, one of the things we had to look at very closely was the Acceptable Use Policy of each of the web hosting providers that we checked out. Most web hosts have an AUP that very specifically says "no porn"; the hitch is that you never know which hosts are going to actually enforce that, and which ones tossed it in as boilerplate that routinely gets ignored. As Dacia's dilemma shows, there are many, many resources which seem public and open in our everyday lives, but the minute sexuality is brought up, their private ownership becomes immediately apparent.

The irony is that such policies don't hinder the people who make the majority of the stuff that really pisses off the anti-porn crowd. Do you really think that Vivid's income is hindered one bit by not being able to use a Google account? Does Larry Flynt lose sleep over the fact over Apple's policies about listing adult podcasts? Not one bit. Their size and financial resources allow them to either take a small detour to distribute their goods and collect payments through other means, or just roll right over them like a big rig facing down a turtle standing in the middle of the highway. The people they inconvenience are those for whom sexual expression is personal and artistic, who are trying to create things that reflect their own lives and desires, not a corporate product.

In short, these policies preserve the status quo. They guarantee that sexuality continues to be represented within smotheringly narrow limits dominated by bleach jobs, silicone tits, and cum shots performed by actors who are seen as old news when they hit 25, and the availability of genuinely imaginative works like Love Machine and Live Girl Review shrinks that much more. For years, we've heard about the near-mystical virtues of a "free market," and we keep on finding out that it's not that free; the Internet was sold to us as an "information superhighway," only to discover how easily toll booths and road blocks can be built, rendering it as mobile as the 405 near West Hollywood on a Friday afternoon. The smaller our public space becomes, the more restricted the channels for distribution come, the more we're reduced to passive listeners with no voice of our own. Share/Save
Gracie's picture

I wish I could say something

I wish I could say something more helpful or enlightening, but honestly, this has been the case for years.  I've battled with banks & PayPal, eBay & other sites about non-fiction books which a person/kid could buy at B&N, publications which won't sell ad space for vibes even though they heavily promoted Sex In The City (including rabbit vibe episode) or have sex columns ~ even free speech issues.  Apparently free speech and "let the market speak" doesn't exist for issues of human sexuality. 

I'm supportive of the fabulous Audacia Ray ~ of course I am.  But this is one battle I've long been fighting & sadly, I no longer am shocked to hear these things. Saddened, yes; but not surprised.

Elizabeth's picture

Privatizing of public discourse

Chris wrote:
 
The irony is that such policies don't hinder the people who make the majority of the stuff that really pisses off the anti-porn crowd. Do you really think that Vivid's income is hindered one bit by not being able to use a Google account? Does Larry Flynt lose sleep over the fact over Apple's policies about listing adult podcasts? Not one bit. Their size and financial resources allow them to either take a small detour to distribute their goods and collect payments through other means, or just roll right over them like a big rig facing down a turtle standing in the middle of the highway. The people they inconvenience are those for whom sexual expression is personal and artistic, who are trying to create things that reflect their own lives and desires, not a corporate product. 

 

This is so important. One of the things that the public square is supposed to provide is a place for exchange of ideas. The problem with the Internet is that it has no true public space. The only way to gain access is through corporations which have policies that effectively limit that exchange of ideas by shutting out the diverse range of independent voices and allowing only the large monoliths to get their message out.

Anti-pornography activists who object to porn that seems to present a uniformly degrading portrayal of sexually active women ought to be celebrating when somebody like Gracie or Audacia gets her work out there. Since that is obviously not the reaction then the objection must be to something else. I'm guessing the objection is actually to portrayals of any sex that goes beyond the soft-focus romantic image of acceptable mainstream sex. And if corporate policies cater to those biases then the number of spaces where we can truly talk openly about all kinds of sex gets smaller and smaller. This presents a danger not only to producers of erotic material but also to sex educators, LGBT rights advocates and anyone else who finds it necessary to talk openly about sex. It's another good reason that all of us in the business of taking sex seriously need to support one another. We need to be working together to change overly restrictive corporate policies so that they allow at least as much freedom of speech as the law does. The Internet is quickly becoming the place for public discourse. If we fail to protect it as a place for free speech then we risk more than our sexual freedom!

By the way, Chris refers to the examination we made of TOS and AUP documents when setting up this site. You can see my post on that process here

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Visitor's picture

Thank you

...for blogging this - I posted it to my Polymorphous Perversity blog as well. This is very disappointing behavior from Google, in a week when they have come out against Prop 8 in California.
Elizabeth's picture

You're welcome, and thank you Harper Jean

The reminder of Google's opposition to Prop 8 is also important. It's rarely so clear as to say a company is "sex positive" or not. Google is a good example of a company that supports some degree of sexual freedom and yet is clearly uncomfortable with certain expressions of that freedom. It's a bit like saying "we support expanding sexual civil rights so that everybody can conform to mainstream institutions."

...because public space really matters!

Elizabeth

Visitor's picture

I was totally unaware of

I was totally unaware of these types of issues until I set up the Paypal account for the NYC Sex Bloggers Calendar recently.  Within a few days of doing that I received a phone call from Paypal questioning what exactly it was we were selling all because of the word "Sex" that was both in the title and our email address. 

I then found myself defending what was in our calendar to Paypal thinking how our poses would be less revealing than the annual Sports Illustrated calendar has.  All of this only because I had put the word sex in there.  To me that seems a little over the top when just using that word triggers that type of reaction from Paypal.   

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