2.5.2 Child sex abuse material
When the Internet came to governments' attention in the 1990s and they wondered how to get a handle on it, the first thing to be regulated was images of child sex abuse (CSA), in the Budapest Convention in 2001. We have little data on the real prevalence of CSA material as the legal restrictions make it hard for anyone outside law enforcement to do any research. In many countries, the approach to CSA material has less focus on actual harm reduction than it deserves. Indeed, many laws around online sexual offences are badly designed, and seem to be driven more by exploiting outrage than by minimising the number of victims and the harm they suffer. CSA may be a case study on how not to do online regulation because of forensic failures, takedown failures, weaponisation and the law-norm gap.
The most notorious forensic failure was Britain's Operation Ore, which I describe in more detail in 26.5.3. Briefly, several thousand men were arrested on suspicion of CSA offences after their credit card numbers were found on an abuse website, and perhaps half of them turned out to be victims of credit card fraud. Hundreds of innocent men had their lives ruined. Yet nothing was done for the child victims in Brazil and Indonesia, and the authorities are still nowhere near efficient at taking down websites that host CSA material. In most countries, CSA takedown is a monopoly of either the police, or a regulated body that operates under public-sector rules (NCMEC in the USA and the IWF in the UK), and takes from days to weeks; things would go much more quickly if governments were to use the private-sector contractors that banks use to deal with phishing sites [940]. The public-sector monopoly stems from laws in many countries that make the possession of CSA material a strict-liability offence. This not only makes it hard to deal with such material using the usual abuse channels, but also allows it to be weaponised: protesters can send it to targets and then report them to the police. It also makes it difficult for parents and teachers to deal sensibly with incidents that arise with teens using dating apps or having remote relationships. The whole thing is a mess, caused by legislators wanting to talk tough without understanding the technology. (CSA material is now a significant annoyance for some legislators' staff, and also makes journalists at some newspapers reluctant to make their email addresses public.)
There is an emerging law-norm gap with the growth in popularity of sexting among teenagers. Like it or not, sending intimate photographs to partners (real and intended) became normal behaviour for teens in many countries when smartphones arrived in 2008. This was a mere seven years after the Budapest convention, whose signatories may have failed to imagine that sexual images of under-18s could be anything other than abuse. Thanks to the convention, possessing an intimate photo of anyone under 18 can now result in a prison sentence in any of the 63 countries that have ratified it. Teens laugh at lectures from schoolteachers to not take or share such photos, but the end result is real harm. Kids may be tricked or pressured into sharing photos of themselves, and even if the initial sharing is consensual, the recipient can later use it for blackmail or just pass it round for a laugh. Recipients – even if innocent – are also committing criminal offences by simply having the photos on their phones, so kids can set up other kids and denounce them. This leads to general issues of bullying and more specific issues of intimate partner abuse.
2.5.3 School and workplace bullying
Online harassment and bullying are a fact of life in modern societies, not just in schools but in workplaces too, as people jostle for rank, mates and resources. From the media stories of teens who kill themselves following online abuse, you might think that cyber-bullying now accounts for most of the problem – at least at school – but the figures show that it's less than half. An annual UK survey discloses that about a quarter of children and young people are constantly bullied (13% verbal, 5% cyber and 3% physical) while about half are bullied sometimes (24%, 8% and 9% respectively) [565]. The only national survey of all ages of which I'm aware is the French national victimisation survey, which since 2007 has collected data not just on physical crimes such as burglary and online crimes such as fraud, but on harassment too [1460]. This is based on face-to-face interviews with 16,000 households and the 2017 survey reported two million cases of threatening behaviour, 7% were made on social networks and a further 9% by phone. But have social media made this worse? Research suggests that the effects of social media use on adolescent well-being are nuanced, small at best, and contingent on analytic methods [1475].
Yet there is talk in the media of a rise in teen suicide which some commentators link to social media use. Thankfully, the OECD mortality statistics show that this is also untrue: suicides among 15–19 year olds have declined slightly from about 8 to about 7 cases per 100,000 over the period 1990–2015 [1479].
2.5.4 Intimate relationship abuse
Just as I ended the last section by discussing whistleblowers – the insider threat to companies – I'll end this section with intimate relationship abuse, the insider threat to families and individuals. Gamergate may have been a flashbulb example, but protection from former intimate partners and other family members is a real problem that exists at scale – with about half of all marriages ending in divorce, and not all breakups being amicable. Intimate partner abuse has been suffered by 27% of women and 11% of men. Stalking is not of course limited to former partners. Celebrities in particular can be stalked by people they've never met – with occasional tragic outcomes, as in the case of John Lennon. But former partners account for most of it, and law enforcement in most countries have historically been reluctant to do anything effective about them. Technology has made the victims' plight worse.
One subproblem is the publication of non-consensual intimate imagery (NCII), once called ‘revenge porn’ – until California Attorney General Kamala Harris objected that this is cyber-exploitation and a crime. Her message got through to the big service firms who since 2015 have been taking down such material on demand from the victims [1693]. This followed an earlier report in 2012 where Harris documented the increasing use of smartphones, online marketplaces and social media in forcing vulnerable people into unregulated work including prostitution – raising broader questions about how technology can be used to connect with, and assist, crime victims [867].
The problems faced by a woman leaving an abusive and controlling husband are among the hardest in the universe of information security. All the usual advice is the wrong way round: your opponent knows not just your passwords but has such deep contextual knowledge that he can answer all your password recovery questions. There are typically three phases: a physical control phase where the abuser has access to your device and may install malware, or even destroy devices; a high-risk escape phase as you try to find a new home, a job and so on; and a life-apart phase when you might want to shield location, email address and phone numbers to escape harassment, and may have lifelong concerns. It takes seven escape attempts on average to get to life apart, and disconnecting from online services can cause other abuse to escalate. After escape, you may have to restrict childrens' online activities and sever mutual relationships; letting your child post anything can leak the school location and lead to the abuser turning up. You may have to change career as it can be impossible to work as a self-employed professional if you can no longer advertise.
To support such users, responsible designers should think hard about usability during times of high stress and high risk; they should allow users to have multiple accounts; they should design things so that someone reviewing your history should not be able to tell you deleted anything; they should push two-factor authentication, unusual activity notifications, and incognito mode. They should also think about how a survivor can capture evidence for use in divorce and custody cases and possibly in criminal prosecution, while minimising the trauma [1250]. But that's not what we find in real life. Many banks don't really want to know about disputes or financial exploitation within families.