Abstract
This article presents an analysis of the cyber extortion and threats cases brought to the United States courts. The inquiry employed content analysis to identify important elements and attributes and answers research questions concerning essential attributes, legal elements, and how do the courts interprets these offenses. The article extends the understanding of this phenomenon by providing a thorough discussion of the conceptual issues and characteristics and an analysis of the most important litigation aspects, such as intent, true threats, sentencing, and the insanity defense. The article concludes with recommendations for stakeholders, to more effectively address the phenomenon.
Highlights
“Cyberviolence” involves the use of information systems to “cause, facilitate, or threaten violence against individuals that results in, or is likely to result in, physical, sexual, psychological or economic harm or suffering and may include the exploitation of the individual’s circumstances, characteristics or vulnerabilities.”1
Expert with the European Commission and the UNDP Romania; partner and lead researcher on several projects funded by the European Commission, Dutch Council for the Judiciary and other entities; co-Chair of the Management and Delivery of Justice Group of the European Group of Public Administration; and keynote speaker or moderator at numerous professional events organized by prestigious organizations, such as OECD or UNDP/RCPAR
“conditional speech intended to influence or gain compliance from a target recipient.”[2]. These communications can be effective in gaining the “feeling of power and control”[3] over victims.[4]. These offenses cover a range of forms, including intimate partner violence (IPV), violence against women and girls (VAWG), cyber dating abuse (CDA) and so on
Summary
“Cyberviolence” involves the use of information systems to “cause, facilitate, or threaten violence against individuals that results in, or is likely to result in, physical, sexual, psychological or economic harm or suffering and may include the exploitation of the individual’s circumstances, characteristics or vulnerabilities.”[1]. Michael, to illustrate the latter, the defendant posted on Facebook threats to “kidnap and injure DEA agents and personnel” and that it’s “time we answered their crimes with bloodshed and torture.”[25]. (2017) Criminal Action No 7: 13CR00013 (W.D. Va.), 31 May (the defendant sent several e-mails, threatening to injure his ex-wife, if she did not send him “alimony” payments); United States v. (2014) 749 F.3d 1094 (9th Cir.), 11 April (defendant sent an e-mail threatening the life of another); United States v. The perpetrator made extortionate threats of publicly posting the compromising photos or videos to the victims’ social media accounts, unless the latter sent more nude photos or videos.[45]
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