Last Updated on January 9, 2021 by SCARS Editorial Team

Countering Technology-Facilitated Abuse

CriminalCriminal A criminal is any person who through a decision or act engages in a crime. This can be complicated, as many people break laws unknowingly, however, in our context, it is a person who makes a decision to engage in unlawful acts or to place themselves with others who do this. A criminal always has the ability to decide not to break the law, or if they initially engage in crime to stop doing it, but instead continues. Justice Strategies for Combating Nonconsensual Pornography, Sextortion, DoxingDoxing DOXING Doxing is the willful disclosure of personal information with the intent to cause harm to the person DOXED. Doxing is a form of cyber harassment. Personal information online is common, however, with the Internet being so prevalent. Many records are found online, such as, voting, property ownership, even bankruptcies, and new business filings., and Swatting

A RAND^® Corporation Research Report

Technology-Facilitated Abuse (TFA)

by Amanda R. Witwer, Lynn Langton, Michael J. D. Vermeer, Duren Banks, Dulani Woods, Brian A. Jackson

INTRODUCTION:

The proliferation of websites, social media platforms, and applicationsApplications Applications or Apps An application (software), commonly referred to as an ‘app’ is a program on a computer, tablet, mobile phone or device. Apps are designed for specific tasks, including checking the weather, accessing the internet, looking at photos, playing media, mobile banking, etc. Many apps can access the internet if needed and can be downloaded (used) either for a price or for free. Apps are a major point of vulnerability on all devices. Some are designed to be malicious, such as logging keystrokes or activity, and others can even transport malware. Always be careful about any app you are thinking about installing. that enable users to interact virtually and often anonymously has given rise to new modes and methods of perpetrating harassment, abuse, and other criminal behaviors that compromise victims’ privacy and safety. These types of acts, termed technology-facilitated abuse (TFA), can involve the use or distribution of the victim’s personal information, which compromises the victim’s privacy and poses a threat to their safety. Efforts to combat these profoundly harmful acts are limited by a lack of awareness among the general public and criminal justice practitioners, impediments to investigation and adjudication presented by digital spaces, and laws and policies that have not kept pace with advancements in digital technologies. To examine this issue, RTI International and the RAND Corporation convened an expert workshop. The participants discussed the challenges, opportunities, and complexities faced by law enforcement and criminal justice practitioners in TFA cases. Using these discussions, the panel members identified and ranked needs for the public, law enforcement, and criminal justice practitioners to successfully identify and prosecute TFA cases. This report provides the prioritized list of needs and accompanying context from the discussion that resulted from this effort.

KEY FINDINGS

Raising awareness about the prevalence, costs, and harms of TFA is critical

• Participants suggested developing a conceptual framework of TFA behaviors and providing school-based public education around internet safety. Participants determined that legislation, measurements of the harms and costs of TFA behaviors, and prioritization by leadership are key to ensuring that TFA cases are prioritized by law enforcement and courts.

Approaches to investigating TFA cases should acknowledge the harm done to victims

• Increased coordination among law enforcement, lawyers, victims’ rights organizations, and service providers would encourage TFA victims to come forward with their cases and would empower them to make decisions about what path of recourse to take.

Criminal justice practitioners often lack the tools to address TFA cases effectively

• Standards and training around the identification, collection, and processing of digital evidence would enable law enforcement to conduct thorough investigations of Technology-Facilitated Abuse (TFA) crimes. Instituting statutes specific to TFA behaviors, accompanied by sentencing guidelines that acknowledge the harms to and vulnerabilities of TFA victims, would allow prosecutors to ensure that TFA sentences are commensurate with harm and that victims’ needs are met.

Participants reported the critical importance of efforts to mitigate the significant, irreparable, and persistent harm experienced by Technology-Facilitated Abuse (TFA) victims

• There is a need for research to evaluate the extent to which existing remedies mitigate harm, tools for the early detection of TFA, and methods for mitigating the effects of TFA and empowering victims.

Deterrence must be at the core of efforts to address TFA

• Statutes that criminalize Technology-Facilitated Abuse (TFA) behaviors might serve as a deterrent for some types of TFA perpetrators, although research is needed to better understand TFA perpetrators and the effectiveness of deterrence approaches.

RECOMMENDATIONS

• Research the cost of doxing and the costs of emergency responses to swatting and associated risks to society.
• Develop basic primary education for kids and parents about consent and the risks and consequences of sharing information online.
• Conduct a survey about Technology-Facilitated Abuse (TFA) to collect data on victim response, effects on victims, and secondary injuries or personal harm.
• Develop a conceptual framework or taxonomy for definitions of TFA so that criminal justice practitioners can recognize it and respond.
• Identify approaches to incentivize law enforcement and prosecutors to prioritize TFA cases.
• Develop training materials for law enforcement about TFA, the impact on victims, and the associated statutes.
• Conduct research to understand the characteristics of perpetrators and what deterrents might be effective.
• Require basic training around digital evidence among first responders.
• Disseminate existing training regarding digital evidence and develop accreditation standards.
• Conduct training on interviewing techniques for delicate or traumatic situations.
• Establish TFA investigative teams or units.
• Designate specific resources for TFA so that TFA investigations do not take resources away from other areas.
• Conduct research and gather data to evaluate the harm of TFA and the effectiveness of remedies.
• Develop methods and resources to mitigate the effects of TFA and support and empower victims.
• Promote coordination about what the victim wants, their fears, and their experience among law enforcement, crisis providers, and lawyers.

THE FULL RAND REPORT

You may download your own copy of the report for personal, non-commercial use only – making it easier to read offline. Reproduction online is prohibited.

Witwer, Amanda R., Lynn Langton, Michael J. D. Vermeer, Duren Banks, Dulani Woods, and Brian A. Jackson, Countering Technology-Facilitated Abuse: Criminal Justice Strategies for Combating Nonconsensual Pornography, Sextortion, Doxing, and Swatting. Santa Monica, CA: RAND Corporation, 2020. https://www.rand.org/pubs/research_reports/RRA108-3.html.

RESOURCES

• Technology-Facilitated Abuse (vawnet.org)
• What is technology-facilitated abuse? | eSafety Commissioner
• Technology-Facilitated Abuse – Safe Steps Family Violence Response Centre

 

 

TAGS: SCARS, RAND Corporation Report, CybercrimeCybercrime Cybercrime is a crime related to technology, computers, and the Internet. Typical cybercrime are performed by a computer against a computer, or by a hacker using software to attack computers or networks. Research, Technology-Facilitated Abuse (TFA), digital evidence, Online Abuse, Sextortion, Doxing,  Information About Scams, Anti-Scam, Scams, Scammers, Fraudsters, Cybercrime, Crybercriminals, Romance Scams, Scam Victims, Online FraudFraud In law, fraud is intentional deception to secure unfair or unlawful gain (money or other assets), or to deprive a victim of a legal right. Fraud can violate civil law (e.g., a fraud victim may sue the fraud perpetrator to avoid the fraud or recover monetary compensation) or criminal law (e.g., a fraud perpetrator may be prosecuted and imprisoned by governmental authorities), or it may cause no loss of money, property, or legal right but still be an element of another civil or criminal wrong. The purpose of fraud may be monetary gain or other benefits, for example by obtaining a passport, travel document, or driver's license, or mortgage fraud, where the perpetrator may attempt to qualify for a mortgage by way of false statements. A fraud can also be a hoax, which is a distinct concept that involves deliberate deception without the intention of gain or of materially damaging or depriving a victim., Online Crime Is Real Crime, Scam Avoidance