Countering Technology-Facilitated Abuse Criminal Justice Strategies for Combating Nonconsensual Pornography, Sextortion, Doxing, and Swatting Amanda R. Witwer, Lynn Langton, Michael J. D. Vermeer, Duren Banks, Dulani Woods, Brian A. Jackson EXECUTIVE SUMMARY Although digital technologies interactions might not realize that allow users to share content that they have been victim- SELECTED PRIORITY NEEDS and interact in virtual spaces ized, and justice system officials afford many conveniences in might not recognize TFA as a RESULTS day-to-day life, their growing crime. Moreover, the charac- prevalence has enabled harmful teristics of digital spaces that Implementing public education and TFA prevention efforts and abusive digital interactions, are designed to protect privacy • Basic primary education should be developed for kids including a class of behaviors also make criminal instances of and parents about consent and about the risks and termed technology-facilitated TFA difficult to investigate and consequences of sharing information online. abuse (TFA). For the purposes adjudicate. Digital anonym- • A conceptual framework or taxonomy for definitions of of this report, TFA refers to acts ity, the ability to collect digital TFA should be developed so that criminal justice practi- or courses of conduct facilitated evidence, and the involvement tioners can recognize it and respond. through digital means that com- of such technology-related Promoting awareness of TFA among criminal justice promise the victim’s privacy and entities as internet providers practitioners cause them emotional, physi- and social media platforms all • Approaches to incentivize law enforcement and pros- cal, or reputational harm. The present significant challenges ecutors to prioritize TFA cases should be identified. consequences of TFA, which to law enforcement and courts. • Training materials should be developed for law enforce- includes such acts as cyberstalk- Criminal justice practitioners ment about TFA, the impact on victims, and the associ- ing, swatting, doxing, non- have struggled to keep up with ated statutes. consensual pornography, and the rapid pace of advancements Improving criminal justice practices and policies for sextortion, extend far beyond in digital technologies, limiting addressing TFA the digital realm. These acts not efforts to bring TFA offenders • Training on interviewing techniques for delicate or trau- only can cause victims to experi- to justice and mitigate the harm matic situations should be conducted. ence serious psychological dis- done to TFA victims. tress but also can harm relation- • Specific resources for TFA should be designated so that On behalf of the National ships with family, friends, and TFA investigations do not take resources away from Institute of Justice (NIJ) and other areas. partners and disrupt educational as part of the Priority Criminal and professional pursuits. Mitigating harm and empowering TFA victims Justice Needs Initiative, RTI • Research should be conducted and data should be gath- A lack of consensus among the International and RAND Cor- ered to evaluate the harm of TFA and the effectiveness public, researchers, and civil and poration researchers convened of remedies. criminal justice practitioners on a workshop called “Countering • Coordination about what the victim wants, their fears, how to label and characterize Technology-Facilitated Abuse” and their experience should be promoted among law TFA behaviors hinders efforts to on July 17th and 18th, 2019. enforcement, crisis providers, and lawyers. identify these acts. Individuals (See RAND Corporation, who experience these harmful undated-b, for more informa- 2 tion about the Priority Crimi- scope and consequences of WHAT WE FOUND nal Justice Needs Initiative). TFA; current legal standards for The workshop was held at the addressing TFA; and techniques • Nine of the high-priority legal—to address TFA cases Office of Justice Program’s and policies to equip law enforce- needs highlighted the criti- effectively; five of the high- (OJP’s) headquarters in Wash- ment officers, prosecutors, and cal importance of raising priority needs addressed this ington, D.C., and was intended lawmakers to effectively address awareness of the prevalence, issue. Developing standards to inform NIJ’s research challenging digital crimes while costs, and harms of TFA and training around the behaviors among the general identification, collection, agenda. (See NIJ, undated, for protecting individual rights, such public and criminal justice and processing of digital more information.) RTI and as freedom of speech and privacy. practitioners. Recommenda- evidence and establishing RAND researchers assembled a After our discussions, work- tions for improving public specialized TFA units would diverse group of subject-matter shop participants identified and awareness included the enable law enforcement to experts to discuss the practical, prioritized a list of 48 potential development of a conceptual conduct thorough inves- legal, and policy challenges to framework of TFA behav- tigations of TFA crimes. strategies for addressing TFA. effectively addressing TFA. The iors and the provision of Instituting statutes specific In the context of the Priority workshop was initially titled school-based public educa- to TFA behaviors, accompa- Criminal Justice Needs Initia- “Internet-Enabled Harass- tion around internet safety. nied by sentencing guide- tive, these strategies for advanc- ment,” but the workshop Participants determined that lines that acknowledge the ing promising innovations or participants determined that TFA legislation, empiri- harms to and vulnerabilities potential solutions to problems cal measurements of the of TFA victims, would allow technology-facilitated abuse was are referred to as needs. Needs profound harms and costs prosecutors to ensure that a more-comprehensive and were ranked by participants of TFA behaviors, and pri- TFA sentences are commen- more-accurate term to describe according to whether they were oritization by leadership are surate with harm and that the full variety of platforms high (Tier 1), medium (Tier 2), key to ensuring that TFA victims’ needs are met. that can facilitate the harmful or lower (Tier 3) priority (see cases are prioritized by law interactions that include sextor- enforcement and courts. • A core theme of the partici- the technical appendix for tion, doxing, and other forms pant discussion articulated more details on the method- of abuse perpetrated through • Several high-priority in four high-priority needs ology used to prioritize the needs emphasized the was the critical importance technological media. Although needs). Twenty-one of the need for trauma-informed of efforts to mitigate the the number of participants was identified strategies (or needs) approaches to investigating significant, irreparable, and restricted to facilitate construc- stemming from the workshop and adjudicating TFA cases. persistent harm experienced tive discussion, participants were deemed to be high prior- These approaches would by TFA victims. Participants were intended to represent key acknowledge the profound called for research to evaluate ity (Tier 1). The high-priority perspectives on the challenges harm done to TFA victims. the extent to which exist- needs reflect four key themes associated with preventing Participants observed that ing remedies mitigate harm, that arose in participant and punishing TFA, includ- TFA cases require greater tools for early detection of discussions: (1) implement- ing considerations related to engagement with victims by TFA, and methods for miti- ing public education and TFA victims’ rights and freedom criminal justice practitio- gating the effects of TFA and prevention efforts, (2) promot- ners. Increased coordination empowering victims. of speech. The 12 workshop ing awareness of TFA among among law enforcement, participants, who were selected criminal justice practitioners, lawyers, victims’ rights orga- • Participants agreed that based on their expertise about deterrence must be at the (3) improving criminal justice nizations, and service pro- and experience with TFA, core of efforts to address TFA practices and policies for viders would encourage TFA comprised three researchers, and they highly prioritized addressing TFA, and (4) miti- victims to come forward two law enforcement officials, with their cases and would needs related to deterrence. gating harm and empowering three representatives of victim empower them to make Statutes that criminalize TFA TFA victims. In this report, services and advocacy organi- decisions about what path of behaviors might serve as a we discuss the 21 high-priority deterrent for some types of zations, and four legal profes- recourse (i.e., criminal, civil, needs that emerged through TFA perpetrators, although sionals (one judge, two federal or otherwise) to take. our ranking exercise (see research is needed to better trial attorneys, and one private Table 1) and provide additional • Criminal justice practitio- understand TFA perpetrators attorney). Topics discussed context based on participant ners often lack the tools— and the effectiveness of deter- by participants included the both investigative and rence approaches. discussions. 3 INTRODUCTION PARTICIPANTS Although the growing prevalence of digital technologies has afforded many benefits, it also has provided new media for Elisa D’Amico harmful and abusive behaviors. Websites, social media plat- Cyber Civil Rights