Tag Archives: law enforcement

Victimology in Cyberspace

Article posted by in March 2, 2010 at 10:24 am.
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Justin and I have been focusing a lot on what I like to call “Facebook Faux Pas” – or, in general, unwise practices on social networking, social media, and microblogging sites.  A new site has been receiving a lot of attention lately – PleaseRobMe.com.  Check it out at your convenience.  Basically, it runs a simple script on Twitter.com to identify and aggregate posts pushed through from one geosocial networking site (Foursquare.com) where users have “checked in” or otherwise updated their current location through their mobile device’s GPS functionality.  Individuals, of course, post these updates to quickly and conveniently inform their friends as to where they are, or where they are going to be.  Obviously, though, revealing of one’s location (or one’s absence from home) may increase the risk of personal victimization or property theft – or both.

When giving talks to youth, I share plenty of real-world examples of how teenagers and young adults unwittingly allow a dossier of contact information to be collected about them through the connecting of their candid posts and messages online.  To note, we’ve actively researched this happening on social networking sites in papers here and here.  To be sure, our research has found that youth overall are becoming more discerning and protective with the contact information they share, but our studies have not included microblogging sites and the content of status updates.  If that is the case, those intent on bullying, abusing, or otherwise harming others have an increasing (or at least steady) amount of access to a meaningful number of potential victims based on those victims’ participation within cyberspace.  In criminology, we have a subfield termed “victimology” that focuses in on how individuals contribute to their own victimization through negligence, precipitation, or provocation.  It seems very applicable as a paradigmatic lens through which to view all of this.

It is remarkable to think how far we have come in such a short period of time as it relates to our level of comfort in sharing personal information online.  Ten years ago, individuals were concerned with sharing their primary email address for fear of spam (and usually had a secondary email address which they more often used across the Web).  Posting one’s first and last name back then was a rarity, as anonymity and pseudonymity were more commonly preferred and adopted.  Now, because of Facebook and similar sites, most of us seem tremendously comfortable using our full name in cyberspace – and posting so much more about who, what, when, why, and where we are.  Youth who have grown up with these technologies are even more inclined towards full disclosure, and so we have GOT to get them thinking about what they type, send, and post before their actions inadvertently invite harm.

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Sexting – education, research, and multidisciplinary prevention and response

Article posted by in December 9, 2009 at 11:32 am.
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Earlier this week, I participated in a Summit organized by the National District Attorneys Association and the National Center for the Prevention of Child Abuse with a variety of professionals in the child protection arena. While other attendees focused in on the problem of child sex trafficking, my small group concentrated on the phenomenon of sexting and self-exploitation.

To begin, none of us really like the term sexting because it’s a buzzword, and drastically overused, and because youth don’t use it in reference to what they are doing. However, we understand that the term has been largely embraced by politicians, legislators, and the mass media, and the traction it has gained will be beneficial in further commanding attention and marshaling resources from those in positions who can help.

We believe sexting refers to “youth rendering themselves vulnerable to emotional, psychological, and physical victimization through the posting and sending of sexually-explicit or sexually-suggestive text, images or video.” I’m pretty sure that covers everything that can be involved.

We don’t necessarily believe that sexting should be referred to as “self-exploitation” as that infers that the victims are fully cognizant, aware, and in support of what they are doing in harming themselves. It places blame on the victim, and renders subjective our perspective of the phenomenon. When youth participate in sexting and then that text, image, or video is circulated outside of its intended recipient (which, incidentally, could also be considered “cyberbullying”), that youth becomes a victim, and no characterization should take away from that.

Sexting is largely an adolescent development issue. This is because of neurophysiological immaturity that youth have, which prevents them from considering long-term ramifications of their actions. Coupled with the disinhibition that cyberspace communication provides, and the geographic distance afforded by computers and cell phones, it’s very easy for youth to act unwisely and participate in this phenomenon. All of this said, we also realize that we (as adults) have a responsibility to step in. I think about the doctrine of in loco parentis, where we (e.g., the government, in the case of the legal professionals who gathered at this summit) have a legal responsibility to take on some of the functions and responsibilities of a parent to protect a child from themselves (i.e., from behavior that can lead to significant victimization). Finally, we must recognize that this issue is a nontrivial problem, and that it requires formal responses in conjunction with the informal attempts that have been made to curtail the problematic behavior.

We have to realize that sexting occurs along a continuum. This ranges first from what my colleague Nancy Willard calls “stupid teen” behavior – which is just part of adolescent courtship rituals and relationships in a time where cell phones, texting, and Picture Mail are practically ubiquitous. Most cases of sexting seem to fall under this category. Then we have problematic boyfriend/girlfriend relationships where there is a measure of abuse or dating violence that takes place. Third, we have sexting that involves intentional exploitation – blackmail, extortion, coercion, deception and trickery. This might, by the way, also be termed “compliant victimization” – which occurs after a period of grooming and the building of trust (forensic pediatrician Dr. Sharon Cooper shared that distinction with me at the Summit). An adult may be involved in these situations as well. Finally, we have what can be termed self-exploitation – which involves youth who brazenly and willingly flaunt and advertise themselves online in a sexual manner. This could range from a youth creating a social networking profile with various sexually suggestive images, videos, or text, to a youth actively prostituting herself in similar environments.

We believe that this can and should be dealt with through multidisciplinary teams that involve law enforcement (school liaison officers, local/state departments, and Internet Crimes Against Children units), child protective services workers and agencies, schools, mental health professionals, medical professionals like pediatricians and nurse practitioners, and social workers. The primary goal of prevention should be addressed through education/awareness efforts to school professionals, other youth-serving professionals, community and after-school organizations, faith-based organizations, NGOs, and of course parents and youth. This multidisciplinary team should be created at the local level, and – if and when done well – it should be shared with, and promoted by, organizations at the state level (such as the Department of Education, Department of Family and Child Services, and similar entities) to the rest of the state. This will then enable other local areas to model their own multidisciplinary team from the initial, pioneering local team. As an eventual consequence, teams will spring up – consisting of a variety of professionals who play a role in stemming the tide of sexting – all around a state, each uniquely positioned and equipped to combat the problem.

Prevention should also occur through formal research of sexting. We need to identify correlative and contributive factors to the problem. We need to empirically determine and assess the range of consequences that befall a victim of sexting. We need to find out – if possible – a demographic and personality profile of those most likely to participate, and whether their background, past, upbringing, and life experiences render them more susceptible than others. Finally, we need formal evaluation studies to uncover best practices in dealing with sexting that can be shared with stakeholders and other constituent organizations.

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Felony harassment charges stemming from Craiglist posting

Article posted by in October 6, 2009 at 8:13 am.
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Recently, a case came up before the Missouri court involving a 40-year-old woman and a 17-year-old girl, with the former having been charged with felony harassment as she posted the girl’s personal contact information and photo on Craigslist in their subsection for individuals seeking “Casual Encounters” (you can imagine what that means).  To note, this is the first application of Missouri’s new cyberharassment and cyberbullying law, which went into effect in June of 2008 following the media coverage of Megan Meier’s suicide.

The defendant and her attorney claim this was simply a practical joke.  Her attorney also claims that had this same information been written on a bathroom wall, she would not have been charged.

I disagree with both of these assertions. First, there must be a line drawn as to what constitutes a practical joke, and that boundary was crossed when the defendant put the plaintiff at risk for actual, tangible harm.  Secondly, to compare the writing on a bathroom wall to posting on the Internet is preposterous when considering the differential size of populations that would view each. Third, I believe it is completely appropriate for a judge and jury to consider the reality of recent Craiglist-related victimizations when interpreting the content and context of this case.  Much like we don’t shrug off facetious statements about bombs in airports, we can’t shrug off the reality that the disclosure of personal information online can lead to serious harm offline.  Finally, minors are (and should be) afforded even greater protection from these types of actions.

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Lori Drew Officially Acquitted

Article posted by in September 1, 2009 at 7:53 pm.
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Well, it’s official.  On Sunday, U.S. District Judge George Wu acquitted Lori Drew of all federal criminal charges for her involvement in the suicide of 13-year-old Megan Meier.  As you may recall, back in November a jury initially found Drew guilty of three misdemeanor charges of illegally accessing a protected computer (in essence, she was found guilty of violating MySpace.com’s Terms of Service). About two months ago, Judge Wu alluded to the fact that the case would be dismissed. Now it is official.

We have discussed this issue at length on this blog, acknowledging the various issues at play. Without question, what Lori Drew did was wrong. The question always has been, though, were those behaviors criminal? At the time, there really wasn’t any clear criminal statute that Drew had violated (that has since changed with several states and cities recently passing “cyberbullying laws”). The local prosecutor refused to pursue the case but a federal prosecutor in Los Angeles ultimately filed charges in federal court. It was those charges that have now been thrown out.

So what can we learn from this experience? First, it is important for federal, state, and local officials to clearly articulate legislation that unambiguously addresses the undesirable behaviors. This can be tricky given the constantly-changing nature of technology deviance. That said, any legislation should be grounded in what we know about youth and interpersonal aggression. Second, it is essential that parents, educators, and teens themselves work to prevent cyberbullying from occurring in the first place so that tragic incidents like this do not repeat themselves. Teens need to be empowered to shrug off minor forms of cyberbullying and to consult with an adult when the behaviors become too much to handle. Witnesses need to stand up for targets of cyberbullying by reporting what they see to teachers or parents so that the behaviors do not escalate. Everyone needs to recognize their role in cyberbullying prevention and response. If you don’t know what your role is, find out. You have a responsibility to take action. More on this in future postings…

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Facebook, Cyberbullying, Death Threats, Jail Time

Article posted by in August 31, 2009 at 9:35 am.
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We’ve been discussing the recent case in Britain involving 18-year-old Keeley Houghton, who posted a death threat on Facebook and was subsequently incarcerated.  Specifically, the aggressor wrote the following on her own profile page, “Keeley is going to murder the bitch. She is an actress. What a ******* liberty. Emily ****head Moore.”

Those with whom I’ve talked are split on whether they agree with this sanction.  In this case there had been a pattern of bullying behavior displayed by the aggressor against the target, who had been harassed face to face several times before the online incident occurred.  Some may argue that free speech is being usurped, but just as you don’t yell “fire” in a crowded theater, you don’t threaten someone’s life in writing for the whole world to see.  I think it’s correct for threats of this magnitude – whether physical or verbal to be taken seriously, as they may preempt needless and senseless violence.  No threat should be taken lightly or regarded as meritless, and even those which may have been said in jest should be investigated and, if necessary, punished in some capacity.  In this case, jail time was assigned.  Will Keeley be deterred from doing something similar in the future?  Will her friends, after hearing about what happened and seeing the reality of someone they know locked up?  Will others across Britain who read or hear about the news story?  I do believe this sends a message, and that some youth will definitely think more carefully about engaging in a similar behavior while communicating in cyberspace.

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