Interpersonal Cybercrime and Revenge Porn Margaret Lauer CRJ 727 Professor Maras

Interpersonal Cybercrime What is it? Cybercrime in which one or more people are the victim and the offender is also a person; crime between people Types: Internet Trolls Cyberstalking Cyberharassment Revenge Porn Cyberbullying Sextortion Online Child Sex Predation Online Child Grooming Sexting

Interpersonal Cybercrime Internet Trolls: Use Internet platforms and anonymity to “post highly offensive and inflammatory remarks… to provoke an emotional reaction.” Criminalized in some countries, eg. The United Kingdom Cyberstalking: “Use of the Internet, computers, and related technology to repeatedly threaten, harass, or frighten another individual.” Current US law criminalizes true threats which leaves room for some speech to be protected under the First Amendment Cyberharassment: “Intentionally alarm, annoy, attack, or verbally abuse another individual” US Federal Law 47 U.S.C. § 223 prohibits cyberharassment; only applies to direct communications Cyberbullying: Children using the Internet to “annoy, humiliate, alarm, insult, or otherwise attack other children.” No Federal laws, only State laws; parents can be held responsible

Interpersonal Cybercrime Sextortion: “Perpetrator threatens to disseminate sexually explicit photos or videos of the victim online if sexual demands are not met or if sexually explicit images or videos are not sent.” Child Pornography: “Visual, audio, written, or other form of portrayal of sexual activity with a child under eighteen years of age that is designed to sexually arouse a viewer.” Online Child Grooming: “The manipulation tactics an offender uses to gain the victim’s trust and ultimately lead them to engage in sexual activities.” Several US laws criminalize possession, creation and distribution but only covers depictions of real children Sexting: “The generation of sexually explicit content distributed through messaging services on mobile phones or via the Internet.” Illegal when the person is under the age of 18

Revenge Porn Nonconsensual pornography; sexual images of an individual are distributed without their consent Photos are often posted with names, addresses, and contact information Usually pictures are sent to distributer with consent but distributed without consent Generally thought to happen in a relationship that ended badly; used for revenge and humiliation Causes the victim fear, anxiety, depression, loss of job; victims have tried to change names and/or move from area; reputational damage; suicide Difficult to make laws because of fear of overreach and First Amendment protections

Holly Jacobs Florida Ph.D. student who shared intimate photos with her boyfriend, Ryan Seay After a breakup, Seay shared her images online and compromised her social media accounts Holly changed her name, jumped from job to job, and deactivated social media Police initially would not help her because she voluntarily took the photos Sued Seay for invasion of privacy; Seay claimed to be the victim Charges dropped due to lack of evidence https://www.cybercivilrights.org/welcome/

Audrie Pott California teen who committed suicide after humiliating and sexual pictures were shared through her school Sexually assaulted while unconscious during a party and pictures taken without consent Endured bullying and sexual harassment before committing suicide Three male classmates arrested and charged with sexual assault https://www.bustle.com/articles/45667-women-face-higher-rates-of-online-stalking-online-sexual-harassment-alarming-pew-research-study-finds

Revenge Porn as Sexual Harassment A form of cyberharassment and cyberstalking Sexual blackmail is not a new issue Images have a permanency and wide reach online Holly Jacobs sent pictures consensually; however Audrie Pott did not and endured harassment and bullying due to the assault Both women were sexually harassed through both the initial unconsented sharing of the pictures and the continued victimization

Revenge Porn Countermeasures Existing Laws What Can be Done? Prohibited by terms and conditions on some websites; discretion of the ISP Immunity under Section 230 of the Communications Decency Act 35 states and DC have laws under which revenge porn can be tried Not unified: DC – Criminalization of Non-Consensual Pornography Act of 2014 Maryland – Stalking and Harassment § 3-809, Maryland Code Some laws require direct contact or threat or repeated harassment Education Student programs to help prevent all forms of interpersonal cybercrime Law enforcement training to better enforce current laws Host Site shutdowns; algorithms to prevent further sharing Specific laws criminalizing revenge porn Cyber Civil Rights Initiative provides models for ideal state, federal, and civil laws CCRI provides guide for legislators and online removal guides More resources for victims

References Lai, A. (2016). Revenge porn as sexual harassment: Legislation, advocacies, and implications. The Journal of Gender, Race, and Justice,19(2), 251-278. Maras, M. (2017). Cybercriminology. New York, NY: Oxford University Press. Miller, M. E. (2016, April 02). Revenge Porn Victim Holly Jacobs "Ruined My Life," Ex Says. Retrieved April 20, 2017, from http://www.miaminewtimes.com/news/revenge-porn-victim-holly- jacobs-ruined-my-life-ex-says-6393654 Scheller, S. (2015). A picture is worth a thousand words: The legal implications of revenge porn. North Carolina Law Review,93(2), 551-595. Speak Up! (n.d.). Retrieved April 20, 2017, from https://www.cybercivilrights.org/ Stebner, B. (2013, September 18). New York Daily News. Retrieved April 20, 2017, from http://www.nydailynews.com/amp/news/national/new-details-revealed-audrie-pott-cyber-bullying- suicide-article-1.1459904 Stebner, B. (2013, May 03). New York Daily News. Retrieved April 20, 2017, from http://www.nydailynews.com/amp/news/national/revenge-porn-victim-speaks-article-1.1334147