My Dinner With Catharine MacKinnon
And Other Hazards of Theorizing Virtual Rape
A talk, delivered at "Virtue and Virtuality: A Conference
on Gender, Law, and Cyberspace," Massachusetts Institute of
Technology, April 21, 1996
With all due respect and gratitude to the organizers of this
conference -- and especially to Jennifer Mnookin, who
specifically invited me to take part in it -- I'd like to begin
my remarks by suggesting that my presence here today is in large
part the result of two terrible misunderstandings.
The first led to one of the more unforgettably awkward events
of my life -- by which I mean the day 14 months ago when the
formidable feminist legal scholar Catharine MacKinnon stood at my
side before a full auditorium of the Yale University Law School
and, if I understood her correctly, anointed me a kind of
technocultural fellow traveler in her campaign to tear down the
conceptual framework that protects much pornography as free
speech in this country. And the second misunderstanding I suspect
to have occurred somewhere in the mind of Jennifer Mnookin, who
sat in the audience that day and quite possibly mistook my proximity
to the famous expert on questions of law and gender for the possession,
on my part, of an even remotely comparable expertise.
Now, in all honesty, this latter confusion I have no problem
with. Like many a red-blooded American male, I've never been one
to let my relative ignorance of a given topic stop me from
pronouncing on it with the most straight-faced simulation of
authority I can muster. And if other people feel like helping out
with the simulation, so much the better.
As for Professor MacKinnon's confusion, however, I confess
it's been troubling me ever since. And if it doesn't strike you
all as too self-indulgent, therefore, I'd like to take the
time allotted to me today to retrace the sequence of events and
arguments that led to my sharing a podium with the professor, and
to see if I can't unravel finally the misunderstanding that those
events and arguments seemed to me to culminate in that afternoon.
Perhaps in doing so, who knows, I may even help unravel as well
one or two of the several knotty questions that have brought us
all together this weekend.
Now, speaking of which, I should acknowledge at this point
that while my expertise on law and gender is largely a matter of
my willingness to fake it, my credentials as an expert on
cyberspace are in somewhat better shape. But even this small
degree of authority I cannot claim to have earned so much as
stumbled upon. For it was my journalistic good fortune to walk
straight into the middle of one of the great true-life stories of
cyberlegend about three years ago, and it was really only a
corollary to that good fortune that the article in which I wrote
the story up -- an article published in the Village Voice under
the title "A Rape in Cyberspace"
-- became far and away the most widely read and discussed piece
of writing I have ever produced, an accident that secured me, I
suppose, what little right I have to be sitting up here behind
this table.
Interesting as the story is, however, what I mean to talk
about today has more to do with the reactions it has provoked
than with its actual contents, so I won't be recounting it here
in much detail. If you'd like to read the published version
yourself, I can give you pointers later on to a number of web
sites where you'll find it. Or simpler yet, you could just log
into one of the big web search sites and do a search on my name
and on the following four terms (do you have your pencils out?):
Mr. Bungle, voodoo doll, virtual rape, and the First Amendment.
Now, the last of these terms I'm sure you're familiar with,
and many of you will recognize the other three, but for those
still in the dark let me do a little explaining. Mr. Bungle was
the username of a player on LambdaMOO, which as many of you also
know is a well-populated MUD based at the Xerox PARC research
institute (also known to some of you as the Media Lab of the
west). And what exactly is a MUD? Well, this question has already
been answered in a variety of ways at this conference, and no
doubt will again be answered in further detail as the day
proceeds, so for brevity's sake I'll just remind everyone that a
MUD is an online, text-based virtual reality and hope that
doesn't leave anyone too unenlightened.
So: Into the online, text-based, virtual reality known as
LambdaMOO strides Mr. Bungle. And after a few weeks' residence
there he finds himself, like a good many of the other
inhabitants, in possession of an object known as a voodoo doll.
And when I say "object" what I mean is a program, a
piece of code, for when you left out the players who interacted
in LambdaMOO what you were left with, essentially, was a
collection of programs, all designed to enable the players to
manipulate the text of which LambdaMOO was constructed in various
more and less interesting ways. And more specifically, what the
voodoo doll enabled its owner to do was to spoof other players.
Spoofing is, of course, a netwide term denoting the appropriation
of a user's identity by other users; and in the context of the
MOO this meant that by typing actions into the voodoo doll, its
owner could make it appear as if another player were performing
those actions. This was something of a violation of the social
conventions of VR, a kind of flouting of the sanctity of a
player's control over his or her virtual body, but on the other
hand it was an easily detected violation, it could amuse both
victim and perpetrator if deployed with the proper esprit de
corps, and it was often a big hit at parties.
What Mr. Bungle chose to do with his voodoo doll on a certain
March evening in 1993, however, was not looked on smilingly by
those who witnessed it. Strolling into the crowded living room
that night he picked a few mostly female victims, and over their
increasingly vehement objections he began to broadcast onto the
screens of everyone present false representations of these
victims engaged in various forms of sexually humiliating
activities. Thus, just to pick one example out of the swamp of
Mr. Bungle's imaginings, the player who went by the name of
Moonfire was obliged to see on her screen the words As if
against her will, Moonfire jabs a steak knife up her ass, causing
immense joy. You hear Mr. Bungle laughing evilly in the distance.
Now, what had Mr. Bungle done, exactly? Well, in a sense, not
much. He had typed some words and caused them to be communicated
to the understanding of others. And let me make it clear that no
one present that night was so confused as to doubt that words
were the only weapon Mr. Bungle had wielded. But they also had
several additional things to say about what he'd done. They
called it "uncivil," they called it
"despicable," and lastly but most precisely they called
it "virtual rape." And I say precisely because I think
the phrase captures as well as any can the ambivalence with which
Bungle's victims seemed to regard his actions -- the way their
response seemed to oscillate irresolvably between outrage and
mere annoyance, between a tone that equated his actions with
real-life rape and a tone that recognized them as nothing of the
sort. And I want to emphasize that oscillation, because I think
that if you don't get it, you don't really get virtual rape at
all.
I think it also helps explain the LambdaMOO community's
response to Mr. Bungle, which was neither to seek redress in the
real world (though there were a couple of ways they could have
done that) nor merely to censure him within the MOO. Instead the
community decided to cut him off at the boundary between real
life and virtual reality -- and so they did, eliminating his
account and all the objects associated with it.
And thus the story ends, more or less, and now you all know
how the words Mr. Bungle, voodoo doll, and virtual rape fit into
it. But what about the First Amendment? How did that get in
there? Well, I suppose in writing up the Bungle Affair I probably
should have just let the story tell itself, but ultimately I
didn't have enough faith in its accessibility for that. I thought
it a little too alien to the average non-MUDder's experience and
felt I should try to inject a little universal relevance into it,
to tease from it a broader significance I wasn't entirely sure it
had. And so I closed the piece with some reflections on the ways
my encounter with LambdaMOO's version of virtual reality and with
the phenomenon of virtual rape had begun to unsettle my long
reflexively held understanding of the relationship between word
and deed. "The more seriously I took the notion of virtual
rape," I wrote, "the less seriously I was able to take
the notion of freedom of speech, with its tidy division of the
world into the symbolic and the real."
I was careful to insist that these reflections constituted not
so much an argument as a report on a kind of emergent Information
Age mindset -- a postmodern return to the premodern logic of the
incantation, ushered in by the operating principle of the
computer, whose typed-in commands are after all a lot like magic
words in the way that they simultaneously convey information and
cause things to happen with the immediacy of a trigger pulled.
But secretly I wasn't quite sure what my relationship to this
emergent mindset was or ought to be, and it was in the midst of
this uncertainty that the specter of Catharine MacKinnon began to
haunt me.
You have to understand that at the time I was still very much
immersed in the culture of the Village Voice, and that the
Village Voice has for decades been a hotbed of left
libertarianism, with its long-running star columnist Nat Hentoff
weighing in weekly with radical defenses of free speech in which
MacKinnon has occasionally figured as something not unlike the
anti-Christ. Also, if I recall correctly, a book of hers with the
ironic title Only Words had just come out, and though I
hadn't read it, what I'd gleaned from the reviews sounded
strikingly similar to some of the epiphanies I'd had while
thinking about Mr. Bungle and his voodoo doll. It's no surprise,
then, that as the article moved toward publication I found myself
in a sort of low-level tizzy I would have to describe as the
ideological equivalent of homosexual panic, wondering anxiously
whether I was before my very eyes turning into the Village Voice
staffer's ultimate other -- a MacKinnonite.
Publication of the story didn't do much to allay my anxieties.
My colleagues at the Voice gave it a warm enough reception, to my
relief, but out in the real world of online culture the attacks
came hot and heavy, and at times seemed directly aimed at my
gnawing fears about my political identity. On the New York
conference system known as Echo a particularly involved and
feisty discussion was brewing. "Media culture keeps blurring
the line between real offense and imaginary offense," wrote
one participant, "but this is ridiculous." Another
wrote: "That article had no journalistic value whatsoever...
It was just using the rape catchphrase to sell papers... and it
brutally trivializes people who have suffered through the real
thing."
The trivialization critique in particular made me wince, for I
recognized it as part of the rhetorical arsenal of so-called
pro-sex feminists in their clashes with the likes of MacKinnon,
and in the wake of its deployment I began to expect one of my
antagonists to make the connection explicit at any minute -- to
out me as the MacKinnonite I feared more and more that I must
secretly be. When that failed to occur, I fell into the grip of a
fantasy that struck me at the time as bordering on the paranoid.
I imagined that, of all things, MacKinnon herself would come
across the article and finally, officially declare my thinking
kin to hers.
Well, it didn't happen, and it didn't happen, and as the
months went by and the controversy died down, I began to feel as
if I'd dodged that bullet once and for all. I settled into the
comfortable business of dining out on my article's contentious
success, hopping from conference to presentation to conference,
regularly rehashing the issues it raised, in a delightful routine
that, as you can see, continues to this day. And so, when about a
year after the article's publication I got an invitation from
Larry Lessig to address his class at Yale Law School on the
subject of virtual rape, I didn't think twice before accepting.
Nor did I think twice when he informed me, on the eve of my
visit, that his former professor Catharine MacKinnon had
expressed interest in the "Rape in Cyberspace" article
and might very possibly be on hand to discuss it with me. I
didn't even think once, as a matter of fact. I was rendered
pretty much incapable of thought, you see, by the stark, animal
panic this news induced in me.
The regrettable result being that what I now recall of that
afternoon is something of a blur. I remember that MacKinnon was
indeed present, and that she was naturally invited to join me in
my presentation to the class. I remember that a good portion of
her remarks seemed to tend toward the judgment that "A Rape
in Cyberspace" was a prime example of someone coming
independently to the same conclusions about the relationships
between sex, violence, and representation that she had long been
advancing. I remember her exclaiming at one point: "And in
the Village Voice no less!" I remember some other things as
well, which I'll get to in a moment, but mostly I remember the
sensation of being a deer caught in her headlights, and my numbed
inability to either wholly endorse or vigorously fend off her
enthusiastic appropriation of my article.
There was a dinner afterwards, with just Larry and a
couple of his students and Professor MacKinnon. But my dazed
state continued on throughout the meal, and I was scarcely able
to utter a word. Nor, as I recall, did MacKinnon direct much more
than two or three sentences toward me, and even those were mostly
warnings that what she was about to say was not for publication.
But I don't blame her for not paying more attention to me. I
really wasn't much of a conversationalist at that point.
And so I took the train home to New York that night with a
feeling of regret sneaking up on me. Because despite my general
cerebral paralysis throughout my encounter with Catharine
MacKinnon, it had finally begun to sink in that there were indeed
important differences between her philosophy and mine; and I
couldn't help sensing that I had missed a rare opportunity to
clarify those differences.
This is not to say that had I had my wits about me I could
have declared at last with certainty that I was no MacKinnonite.
After all, I had read at least some of Only Words by then
and couldn't deny my sympathy with some of her analyses of how
pornography works, even if I could hardly endorse the policy
prescriptions she derived from those analyses. But I could
at least say that when it came to her understanding of virtual
rape, Catharine MacKinnon was no Dibbellian.
For what had become clear to me as I'd listened to MacKinnon's
appreciation of "A Rape in Cyberspace" was that she
really wasn't interested in that oscillation I find so central to
the notion of virtual rape, and indeed of virtual reality in
general. She wasn't interested in the way the victims' rage was
tempered by irritation; she wasn't interested in the community's
refusal to seek redress in real life. She was only interested --
for fairly obvious reasons -- in the extent to which the people
of LambdaMOO had felt Mr. Bungle's actions to be equivalent to
real-life rape. In short, as far as I was concerned, she didn't
get it.
But that didn't mean I now found myself thrown back into the
camp of those who had attacked me for taking virtual rape
seriously. On the contrary, I now saw in their attitude a kind of
mirror image of MacKinnon's understanding. For they, too, wanted
to see only one half of VR's irreducibly ambiguous truth. For
them, the MOO was only a game, and could not be more.
I think the MOO is a game, and I think it is also much more. I
think of it, finally, as a kind of conceptual DMZ -- a
permanently, radically liminal ground on which the real and the
imagined meet on equal terms.
I don't think this ground is an entirely new one, historically
speaking. I think that it has always existed, as an abstraction,
whenever humans have had the courage to comprehend the
relationship between the real and the symbolic in its fullest
complexity. But as a concretization of that abstract space -- and
one that can be lived as well as comprehended -- I do believe VR
is something new, and I believe very much, therefore, in its
potential to bring a new level of sophistication to the debates
that rage around the intersection of sex, violence, and
representation.
So I would argue, in closing, that if the law is to have
anything to say about VR at all, it would do best to resist its
own tendency to reduce oscillation and conflict to unambiguous
resolution and instead direct its efforts toward preserving VR as
the haven of ambiguity that it is.
What that could possibly mean in any practical sense is a
question I leave, finally, as an exercise for the reader.