Indian Journal of Health, Sexuality & Culture Volume (6), Issue (1), June 2020 ISSN 2581-575X https://www.iisb.org./

Review Article Online sextortion Saloni Agrawal National Law Institute University, Bhopal, Madhya Pradesh, India

Date of Submission : Abstract 2 April 2020 Online sextortion is a pervasive . In this, Date of Acceptance : perpetrator tends to harass victims by invading their privacy 3 May 2020 and threatening to release and disseminate the victim's intimate images in public if they didn't comply with the demand of additional sexual favors or money. Online sextortion has an acute impact on the mind of victims. It is necessary to support and encourage victims in their fight. The present article aims to provide a comprehensive understanding of online sextortion and the preventive Keywards: Sextortion, measures that can be taken to stop this cybercrime. There is Online sextortion, a need for robust legal frameworks to minimize this Sexual , Cybercrime cybercrime.

Introduction various people for criminal activities which are commonly known as The digital era has brought in with it the (Maharashtra Cyber, Home Department, advancement of technology for the use of 2020). Cybercrime, as defined by National mankind. Technology has helped humans to Cybercrime Reporting Portal, is "any unlawful achieve great heights. Now, information is act where computer or communication device or just a click away. Anyone from anywhere can computer network is used to commit or facilitate the easily access the internet to get information commission of a crime" (Indian Cybercrime and upload information. The internet has Reporting Portal, n.d.). Cybercrimes include become part and parcel of human life. The , , cyberstalking, young generation can be seen using personal online sextortion, etc. computers, laptops, mobile phones, digital cameras, iPods, etc. Today, social media is used by everyone in every part of the world. Anyone can become Though the internet has its good side and various advantages, it has been used by a friend of another without even seeing the person in real life. People have started dating Corresponding Author : Miss Saloni Agrawal online and have termed it as 'online dating'. E Mail: [email protected] While some of these online relationships How to cite the article : Agrawal, S. (2020). have become successful, many have fallen Online sextortion. Indian Journal of Health, into the trap of fake accounts. According to a Sexuality & Culture, 6(1), 14-21. 2015 United Nations report, up to 40% of DOI : 10.5281/zenodo.3929135 young people aged below 18 years self- 14 Indian Journal of Health, Sexuality & Culture Volume (6), Issue (1) generated and shared sexually explicit can take place from anywhere by anyone in content online (United Nations Office on the world. It affects the victims emotionally, Drugs and Crime, 2015). Many of the social mentally, and sexually. Online sextortion may media accounts are easily hacked and vary. Most of these cases involve (Thorn, 2017) personal information is used to wManipulating victims through social and threaten such victims (Goldstein, Tov, & media: Perpetrator mostly gets close to Council., 2018). One such cybercrime is the victims with the help of social media. online sextortion wherein perpetrators of Perpetrator chats on these social such fake accounts or the hackers tend to get networking apps and creates a type of intimate and private images of the victim and environment for the victim that he/she threaten to release these images if they did fully trusts the perpetrator. Many victims not comply with their demands. get tricked in online relationships with This article explains the meaning of online these perpetrators. Victims send them sextortion, makes the readers aware of cases their private images or videos. of sextortion that happened around the Perpetrators then threaten the victims for world. This article also brings to the notice of sexual favors as demanded or money for the stakeholders that there lacks research on not leaking the images or videos. psychiatric disorders among perpetrators of wHacking: Perpetrator may intrude into online sextortion. The article to the social media account or email account highlight the social and psychological or hack the device such as laptops, impacts on the victim by sextortion. The computers, or mobile phones, etc. second part deals with the steps that victims wherein the victim has stored his/her may take when they are being sextorted and private sexual or intimate images and the preventive measures to avoid sextortion. thereby get access to these files to harass In the third part, the author attempts to and threaten the victim. emphasize the need for the active awareness There are instances where the perpetrator of the people and the need for the well- had threatened to distribute, reveal, or framed law on sextortion. disseminate photos. In the case of United Online sextortion States v. Beckett (the United States v. Beckett, 2010) and State v Stancl (State v. Online sextortion is a type of extortion in Stancl, 2009), perpetrator pretended to be a which a person threatens to release or teenage girl on social networking sites and distribute private sexual and intimate images, tricked schoolboys to send their nude photos. videos, or any such material of victim if the Once the perpetrator had these photos, he victim doesn't engage in further sexual threatened to disseminate the photos if they activities or does not provide money to the didn't engage in sex or didn't fulfill other perpetrator (E-Safety Commissioner, n.d.). sexual demands made by him. Online sextortion is a form of sexual harassment, exploitation, coercion, and There are instances where the perpetrator had not only threatened but also has violence. It is terrifying and de-humanizing. disseminated the images and videos. In The phenomenon of online sextortion is United States v. Hutchinson (the United worldwide. It is more prevalent in countries States v. Hutchinson, 2014), the perpetrator like U.S.A., Canada, Philippines, U.K., China, had created a fake account on social media. Japan, etc. He deceived the girls, obtained nude photos, Online sextortion is a very serious issue. It and contact information of them. He

15 Indian Journal of Health, Sexuality & Culture Volume (6), Issue (1) threatened to reveal these photos to the Civility Index. Findings indicated that 77% family and friends of the victims if they of Indians have reported concerns about didn't provide him with more sexual images. sextortion, revenge porn, or unwanted sexual He has also released and posted photos solicitation (Microsoft News Center India, online of those who didn't act under his demand. 2017). Online sextortion is prevalent in many cities Online sextortion takes place with many in in India as well. There are cases such as the India and around the world. This has affected infamous case of the Punjab and Haryana children, adults, vulnerable groups, and HC where a girl was blackmailed by three established professionals. Not only women seniors of her university to release her nude but also men, gay, transgender, and gender images in public. She was also raped by them non-conforming people are affected. Few (Nayar, 2015). Another story is a case of people report cases of online sextortion Mumbai where a classmate of a girl because they feel ashamed and degraded and maliciously hacked the account of her they couldn't bring the case to the concerned boyfriend and had access to the nude photos authorities (Thorn, 2017). of the girl which she sent to her boyfriend. An insight into mind of perpetrators He wanted and liked the girl and threatened the couple to post the nude photo of the girl The basic question always arises that why a in public (Mihindukulasuriya, 2019). There person commits a crime. There can be are other cases of Mumbai wherein Cyber various reasons ranging from greed, anger, Police says that the victims have complained revenge, pride, jealousy to fun, and more. It that they have visited a certain pornographic depends on the type of crime committed website and thereafter received an email (SCCJR, 2016). Online sextortion is a stating their full names and all the contents cybercrime which is one of the ways to they have watched along with a message sexually assault and exploit the victims by demanding money in the form of threatening them. Some researchers have cryptocurrency. The message also added that covered the question as to why perpetrators if they didn't comply with the demand, the commit sexual harassment, , said pornographic details will be released on rape of minors, rape of adult women, etc. the victim's social networking accounts But there is lack of research as to why which were also hacked by the perpetrator perpetrators commit online sextortion. (Mengle Enter, 2018). Many factors play important role in the Online sextortion can be done with many commission of this crime. First, it is victims by a single perpetrator. It can be seen committed to a digital world. Second, it by this case where thousands of underage involves either hacking into victims' device/ girls were targeted by a guy. He either hacked account or making victims trust the their accounts or their devices to obtain their perpetrator to share their own sexually obscene images. He sent emails to girls implicit images. Third, there is a threat threatening them to release these images in involved which allows the perpetrator to public or harm their family members if girls extract favors from the victim. Fourth, favors didn't send more images of their bare breast can range from victims showing his/her and vagina, didn't finger in front of a intimate body parts to sexually hurting webcam, or didn't fulfill any such demands oneself for the pleasure of the perpetrator. made by him. These factors suggest that it is different from the cases of sexual harassment, sexual A survey was conducted by Microsoft in assault, etc and require in-depth research in 2017 across 14 countries through Digital the psychology of the perpetrator. By 16 Indian Journal of Health, Sexuality & Culture Volume (6), Issue (1) considering the above four mentioned sexual, and intimate images in public, then factors, it can be said that perpetrators do not victims feel fear, betrayed, angry, anxious, commit this crime out of rage but it is well embarrassed, and guilty (Orick; Herrington; planned and executed. LLP Sutcliffe; Legal Momentum, 2016). Victims who fulfill the demand of the Perpetrators can fall under any of these sextortionists, are forced to perform sexual categories: minor-focused cyber sextortion favors such as , strip dancing, perpetrators, intimately violent cyber drinking their ejaculation, fingering, fisting, sextortion perpetrators (O'Malley & Holt, anal fingering, spanking, etc. in front of 2020), perpetrators of sexual assault against webcam. Sexual activities are pleasurable but adults and perpetrators who are minor done under coercion or threat, it becomes (Robertiello & Karen, 2007) and accordingly sexual assault. The time spent under the the reasons for committing this crime can control of the sextortionist is dreadful and vary. As a general understanding, this crime horrendous. All this is real and the harm is can be committed for reasons such as irreparable (Jurecic, Spera, Wittes, & Poplin, revenge, fun, need for money, substance 2016). abuse, or due to personality disorder or psychiatric illness. Yes, there is a possibility It is easy to blame the victims in cases of that perpetrators may have committed online sextortion as they are the ones who have sextortion due to psychiatric illness and clicked their intimate images or videos or personality disorders. One such psychiatric sent such materials to the sextortionist. The disorder can be sadism as perpetrators derive victims feel that the only option they have is their sexual pleasure from inflicting pain and isolating themselves from society (Leukfeldt humiliation on victims. There is a need for & Malsch, 2018). Children who are the victim research in the possible personality disorders of this are affected the most. They are or psychiatric illness in perpetrators. condemned by their family and friends. Researchers must delve deep into the Young victims fear their social reputation question and find relevant information as the and reputation of their family in the society. crime of online sextortion have a great They fear of being terminated from their impact on the minds of the victim. jobs and prospects. Victims succumbed to these thoughts and therefore fall and fail to Social and psychological impact of come out and lodge complaints against such online sextortion on victims perpetrators. They always have fear of T h e i m p a c t o f i n f o r m a t i o n & threats and the release of their private images communication technology and the cyber and videos. This drains the victims world on society is undeniable. Online emotionally. This also affects the victims sextortion and its effects have a lasting mentally. Sextortion sexually harasses, impact on the mind of victims all over the exploits, and assaults the victim. All these world. The victims feel a loss of control. lead victims to depression, overthinking, and They go into a stage of grief and develop a self-isolation from the family and society. sense of shame (Jurecic, Spera, Wittes, & They either fulfill the demands of the Poplin, 2016). perpetrator or commit suicide. Even today, sexual matters are not openly It is seen that victims generally have the discussed in society. They are considered a feeling that no one can understand what their sensitive subject (Motsomi, Makanjee, & emotions are. They worry about what others Nyasulu., 2016, Turnball, 2012). In this will think about them. They generally say that scenario when perpetrators threaten victims they can't trust anyone again (Hinduja, to disseminate and release their private, 17 Indian Journal of Health, Sexuality & Culture Volume (6), Issue (1)

2016). Victims must realize that it is not their Steps to prevent online sextortion fault and they didn't deserve this. There are Seeing how dreadful online sextortion is for a people like their spouse, family, friends, etc. person, one should keep certain things in who they can trust. Victims might be facing a mind to prevent themselves from getting lot of different emotions but at the end of sextorted. In this digital era, one must know the day victims must remain positive as how much privacy they have while using their taking one's life is not a solution. They have personal devices such as mobile phones, the right to be treated with respect and laptops, computers, etc. One can stop dignity. They have the right to get help and his/her spouse or family members from be safe. using their devices. But without one's Steps that should be taken by the victims awareness, their devices can be tracked, their information and data can be acquired by a It is important to stay safe and secure in the third party easily (Fosdick, 2019). Therefore, cyber world. It is advised that victims should the individuals must be cautious and take not fulfill the demand of the perpetrators as extra care while using their devices to avoid demands and threats keep on increasing and such cybercrime. Some preventive measures victims find themselves in a vicious circle. to avoid online sextortion are as follows: Steps that should be taken if a person is being (Humelnicu, 2017; Legal Momentum, n.d.) extorted: (Cybertip, n.d.) wOne must not store their intimate, sexual private images or videos in their devices as wVictims should be calm and rational. devices are connected to either one's wThey should immediately stop all the email account or cloud. communication from the perpetrator. wOne must not share their sexual and wThey should never send money or private images or videos with any other additional sexual favors as demanded to person on social networking accounts as the offender. these accounts can get easily hacked. w wVictims should inform someone about One must cover webcams when indulging the threat such as spouse or parents. in some sexual activity while using a w computer or laptops. They should keep all the information w they have about the perpetrator such as One must use anti-virus software in their their user names of social media device. accounts, any images or documents sent wDon't interact with the person you by the offender, email address, or any personally don't know on social media. such thing. They shouldn't delete w anything sent by the perpetrator. One must be careful while changing their clothes in trial rooms or hotel rooms and w Victims should report everything restrooms. immediately to the nearby police station wOne must reduce and eliminate internet or cyber crime department. addiction. w Victims should report immediately if the Steps parents should take to prevent their photo or video is posted online to the child from being sextorted: (FBI Pittsburg, online content host (Humelnicu, 2017). 2016) w Victims should be made to consult a wParents must provide sexual and digital counselor. education to their children. 18 Indian Journal of Health, Sexuality & Culture Volume (6), Issue (1) wParents must be frank with and Indian Penal Code (IPC), 1860 understand their children. wIPC, 1860 provides for the law of w Parents must monitor the online activities extortion under Sec 383 and Sec 384 of their children. which says that "threat or fear used in order of wParents must teach their children not to delivery of material thing by the victim to the friend with or talk to anyone on social offender" is punishable with the media they do not know in real life. imprisonment for a term extending to Steps educators and policymakers should three years or fine. take to prevent online sextortion: w"Assault or use of criminal force to a woman wParents and students must be made aware with the intent to outrage her modesty" is of the terrible cybercrime of online punishable with the conviction for 2 sextortion. years term under Sec 354 of IPC. w wEducation must be provided on how to Sec 354C of IPC, 1860 says that if the use and protect their social networking perpetrator infringes the privacy of a accounts from being hacked. person and disseminated his/ her private wEducation must be imparted to everyone images then such perpetrator will be about the laws prevalent in the country liable of conviction for a minimum pertaining to online sextortion. period of 1 year which may extend to 3 w years. Cybercrime department should publish w specific data and brochures on online Sec 292 of IPC, 1860 punishes the sextortion. offender who sells or distributes obscene book, paper, or figure conviction for a Laws on online sextortion term which may extend up to 5 years and At least 26 states in the USA have legislation fine. on Sextortion (Greenberg, 2019). Federal IT Act, 2000 state in the USA has also introduced ‘the SHIELD Act’ i.e. ‘Stopping Harmful Image wUnder Sec 66E of IT Act, a person can be Exploitation and limiting Distribution Act, convicted for the term of 3 years or fine 2019’ in the House of Senate to tackle the up to 2 lakhs or both if he intentionally harmful issue of sextortion in the state. It captures, transmits, or publishes the proposes to criminalize knowingly private image of a person in the public distribution of intimate images, threatening without his . to distribute the intimate images of a person w in public. Offenders will be convicted for a Sec 67A of IT Act, 2000 punishes a term of up to 5 years and fine (Speier, 2019). person for the conviction for the term of 5 years and fine up to Rs. 10 lakh if that If the victim in India files a complaint of person publishes or transmits material online sextortion then it will be treated under the Indian Penal Code, IT Act, or POCSO which contains sexual implicit act Act. No law in India defines or criminalizes electronically. online sextortion. Only the state of J&K in wSec 67B of IT Act, 2000 punishes a its Ranbir Penal Code (which is no more in person for the imprisonment of 5 years existence) had included 'sextortion' as a term if that person publishes or transmits crime under Sec 354E to prevent people material which contains sexual implicit from exploiting subordinates sexually (AK., act by children electronically. A. 2020).

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POCSO Act, 2012 government should make well-defined laws regarding the issue of online sextortion in Under this act, a person who commits sexual the country. At last, everyone must harassment on a child is punished with the understand that ‘your safety is in your hand’ conviction for a term which may extend to 3 and it is important to be responsible for own years. Sexual harassment includes making a actions in this technology-driven world. child show or exhibits his body or a part of his body, threatening a child to release his real References or fabricated sexually explicit images using AK., A. (2020). Sextortion, modifications to electronic means. Arbitration Act, CrPC: The 37 Central laws that It is recommended that policymakers make a have been made applicable to J&K. Retrieved separate law regarding online sextortion from https:// www. barand bench.com/news/ sextortion-modifications-to-arbitration-act- because present laws do not fulfill the crpc-the-37-central-laws-that-have-been-made- elements of online sextortion. Online applicable-to-jammu-kashmir sextortion involves a threat to release sexual images of the victim. It damages and Cybertip Ca. (n.d.). Sextortion. Retrieved from https://www.cybertip.ca /app/en/ internet _ destroys the dignity of the victim. It forces safety-sextortion. victims to perform sexual favors for the perpetrator. It assaults victims sexually and E Safety Commissioner. (n.d.). Deal with mentally to the extent that sometimes victims Sextortion. Retrieved from https:// www. esafety.gov.au/key-issues/image-based-abuse/ take their own life. It should also be take-action/deal-with-sextortion remembered that the crime of online sextortion can take place from anywhere by FBI Pittsburg. (2016). Sextortion affecting thousands of U.S. children. Retrieved from anyone in the world. The perpetrator can be https:// www.fbi. gov/ contact-us/field- from a different country and of a different offices/pittsburgh /news/ press-releases/ nationality. It requires investigation to track sextortion-affecting thousands-of-u.s.-children the perpetrator. It is also recommended that Fosdick, H. (2019). Privacy in a Digital Age. law should be made strict and severe keeping Retrieved from http://uniforumchicago. org in mind that once an image or video is /slides/Meaning_of_Privacy.pdf. uploaded, it is hard to be removed from all over the internet. It can resurface anytime. Goldstein, D. K., Tov, D. O., & Council., M. D. (2018). The Right to Privacy in the Digital Age. Repercussions that victim has to face are Human Rights Council. unimaginable and unfathomable. Greenberg, P. (2019). Fighting Revenge Porn and Conclusion 'Sextortion'. Legis Brief . Everyone can use the internet easily but few Hinduja, S. (2016). Sextortion. Retrieved from are aware of cybercrimes such as online https://cyberbullying. org/ sextortion sextortion. Online sextortion cases are Humelnicu, I. V. (2017). Sextortion - The Newest increasing day by day. Many cases go Online Threat. AGORA International Journal of unreported due to the mindset of the people. Administration Sciences , 1, 7-13. It is high time that the educators, Indian Cybercrime Reporting Portal. (n.d.). policymakers, professionals make people National Cybercrime Reporting Portal. Retrieved aware of the increase in cybercrime and the from https://cybercrime.gov.in/ Webform/ remedies available to them. Researchers, CrimeCatDes.aspx psychologists, psychiatrists, and concerned Jurecic, Q., Spera, C., Wittes, B., & Poplin, C. stakeholders can analyze the reasons for the (2016). Sextortion: Cybersecurity, teenagers and commission of online sextortion by remote sexual assaul. Center for technology perpetrators. It is also emphasized that the innovation at Brookings. 20 Indian Journal of Health, Sexuality & Culture Volume (6), Issue (1)

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