By Bruce A. Jacobs, and Michael Cherbonneau

Carjacking is a violent crime with a broad motivational landscape related to the unique opportunities that a motor vehicle, as the item targeted, makes available to offenders once it is stolen. Although carjacking is technically a form of robbery, carjacking is a hybrid offense because it draws from elements of both regular robbery and motor vehicle theft. Nuanced in its etiology and expression, carjacking boasts a structure and process that require offenders to navigate multiple challenges under considerable time pressure and uncertainty. The fact that carjacking is so often opportunistic yet simultaneously requires a fair amount of calculation makes the offense even more subtle in its complexity. The purpose of this review is to examine these nuances through the lens of official data and existing empirical research. Nascent but growing, this research provides insight into the scope of the problem, the method and manner of the crime's commission, and the challenges of curbing a clear urban menace.

Annual Review of Criminology, v. 6. 2023, 24pg

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By N. Prabha Unnithan

Criminology and criminal justice is in its infancy in India. This book attempts to examine India's crime problem in detail and document if and how its criminal justice system has responded to emerging challenges and opportunities. The objective is to move beyond mere observations and thoughtful opinions, and make contributions that are the next steps in the development of an empirical (or evidence-based) criminology and criminal justice on this vast and diverse country-by focusing on research that is both balanced and precise. This book brings together a diverse set of 32 academics from India, the US, and the UK who have authored 19 chapters on many aspects of crime and justice in India. The organizational components or sectors of the criminal justice system are the police, the courts, and corrections. The studies collected here provide balanced coverage of the entire criminal justice system and not just one component of it. The first section of this book consists of overviews of several major issues that affect the entire criminal justice system. Section Two considers topics related to the gateway of the criminal justice system, policing. Section Three takes up the operational problems of criminal law and courts and Section Four deals with the difficult question of punishment and correction, the last part of the criminal justice system.

SAGE, 2013, 476 pages

By Cinzia Simonaggio, Elena Rubini, Giulia Facci, Paola Castagna, Antonella Canavese, Lorenza Scotti, and Sarah Gino

This cross-sectional study aimed to assess the association between drugs and alcohol intake and sexual abuse in adolescents, otherwise defined as Drug Facilitated Sexual Assault (DFSA). We considered the survivors who accessed care at the Centre “Soccorso Violenza Sessuale” (SVS – Sexual Violence Relief Centre) in Turin (Italy), between May 2003 and May 2022. We found that 973 patients aged 13–24 among which 228 were victims of DFSA. Epidemiological and anamnestic aspects of the episode of sexual violence were examined, with a specific focus on investigating the alcohol and/or drug intake as reported by the victim, along with the results of the toxicological analysis. the study further accounts for the variations caused by the COVID-19 pandemic on DFSA-related accesses. Our findings show that 23% of adolescents accessing care at SVS were subjected to DFSA. Six out ten adolescents knew their aggressor, at times a partner (10%) oran acquaintance (43%). In 12% of cases violence was perpetrated by a group of people (12%). Almost 90% of young victims described alcohol consumption, while 37% reported drug use at the time of the assault. Alcohol taken alone or in combination with other substances was the most detected drug in our sample throughout the period considered. Given the large use of psychoactive substances among adolescents, it is imperative to implement harm reduction strategies alongside educational activities aimed at fostering awareness about consent. Health personnel should be trained to manage the needs of victims of DFSA clinically and forensically.

International Journal of Legal Medicine. 2024, 10pg

By Adam Clark

This briefing provides an overview of cybersecurity in the UK. It explains the nature of the cyber threat, including how cyber attacks work. It describes the policy and regulatory frameworks, as well areas of reform such as 'ethical hacking'.

Research Briefing

London: House of Commons Library, 2024. 68p.

By Morgyn Young

Recently, Louisiana classified Simple Burglary of an Inhabited Dwelling, when a person is present during the commission of the crime, as a crime of violence. The overwhelming majority in both the House and the Senate voted to deem the crime a crime of violence. Yet, LA. REV. STAT. § 14:60 (Simple Burglary of an Inhabited Dwelling) does not contain an inherently violent element. In this note, the Author takes a deep dive into the Louisiana Code to uncover the foundation needed to classify a crime as a crime of violence. In doing so, it becomes apparent that Louisiana has begun to stray away from a traditional notion of violence. Many of the amendments, including La. Rev. Stat. § 14:60, do not follow conventional notions of violence in that they do not have a nexus to physical injury. This expansion has reached the point where there is no longer a list of attributes that can be used to determine a crime of violence.

Throughout the article, the Author uses Simple Burglary of an Inhabited Dwelling when a person is present as an example to further portray the idea that the Legislature does not follow the crime of violence definition listed in the code, nor is there a readily apparent framework utilized when deeming crimes "violent." To begin, the Author explores how the definition of a crime of violence has grown outside the bounds of the traditional definition of violence by comparing differing "violence" definitions, both past and present. The Author notes that the definition of violence is constantly evolving. However, the Legislature has expanded far past the modern definition. The Author furthers the analysis by examining the different crimes the Legislature has deemed violent compared to La. Rev. Stat. 14:40. Through the study, it becomes clear that the Legislature, as a whole, cannot define violence effectively, nor does the enumerated list under a crime of violence reveal a consistent determination. As in, the Legislature has not plausibly categorized violent crimes. In further explanation, when singling out just the property crimes listed as a crime of violence, there is not a consistent attribute between the crimes listed to determine what escalated each crime to a crime of violence. The Author ends the analysis by attempting to define the elements of La. Rev. Stat. § 14:2, which proves to be quite challenging as the Louisiana Supreme Court has not provided much insight into the framework of classifying a crime. The elements of importance consist of physical force, substantial risk, and the ordinary case of an offense. The Author continues by comparing Louisiana's definition of a crime of violence to the United States Code's definition. The Author points out the resemblance between the two statutes, yet verbiage contained in 18 U.S.C § 16 was deemed unconstitutional. Using both statutes, multiple cases, and burglary statistics the Author further proves the idea that simple burglary of an inhabited dwelling, when a person is present, should not be classified as a crime of violence. As the crime does not entail physical force to the victim, an intent to harm a person, nor is the risk of harm to the victim substantial. Additionally, the offense cannot be correlated with the existing property crimes labeled a crime of violence, and the offense cannot be classified a crime of violence under the definition provided in La. Rev. Stat. § 14:2. Ultimately, this demonstrates the Legislature's sway from a traditional definition of violence and the legislature acting without limitation in classifying crimes as violent. This never-ending expansion or overreaching fuels an ineffective judicial system, ultimately affecting every citizen in some shape or form.

Unpublished paper, 2024. 27p.

By Muhammad Hudhud, Scott Proescholdbell, Tammy Norwood, Crystal Cavalier-Keck, Ronny A Bel

Like other minoritized populations, American Indian/Alaska Native (AI/AN) females experience disparate morbidity and mortality outcomes to that of the general US population. This study identified discrepancies in reporting of AI/AN female decedents between the North Carolina Violent Death Reporting System (NC-VDRS) and an online, user-generated database. Female AI/AN decedent data of all ages were collected from the NC-VDRS and compared against that of the publicly available North Carolina Missing and Murdered Indigenous Women (MMIW NC) database for the study period, 2004–2019. Twenty-four of the 72 cases matched between data systems (33.3%). Substantive differences between the NC-VDRS and the MMIW NC database were found. Future efforts should be directed towards supporting Indigenous communities with the comprehensive data the NC-VDRS can provide. This paper highlights statewide public health systems like the NC-VDRS supporting community efforts to understand, advocate for, and disseminate information on MMIW.

Forensic Sciences Research, Volume 9, Issue 1. March 2024, 3pg

By Richard Matzopoulos

Not much is known about the perpetrators of male homicide in South Africa, which has rates seven times the global average. For the country’s first ever male homicide study we describe the epidemiology of perpetrators, their relationship with victims and victim profiles of men killed by male versus female perpetrators. We conducted a retrospective descriptive study of routine data collected through forensic and police investigations, calculating victim and perpetrator homicide rates by age, sex, race, external cause, employment status and setting, stratified by victim-perpetrator relationships. For perpetrators, we reported suspected drug and alcohol use, prior convictions, gang-involvement and homicide by multiple perpetrators. Perpetrators were acquaintances in 63% of 5594 cases in which a main perpetrator was identified. Sharp objects followed by guns were the main external causes of death. The highest rates were recorded in urban informal areas among unemployed men across all victim-perpetrator relationship types. Recreational settings including bars featured prominently. Homicides clustered around festive periods and weekends, both of which are associated with heavy episodic drinking. Perpetrator alcohol use was reported in 41% of homicides by family members and 50% by acquaintances. Other drug use was less common (9% overall). Of 379 men killed by female perpetrators, 60% were killed by intimate partners. Perpetrator alcohol use was reported in approximately half of female-on-male murders. Female firearm use was exclusively against intimate partners. No men were killed by male intimate partners. Violence prevention, which in South Africa has mainly focused on women and children, needs to be integrated into an inclusive approach. Profiling victims and perpetrators of male homicide is an important and necessary first step to challenge prevailing masculine social constructs that men are neither vulnerable to, nor the victims of, trauma and to identify groups at risk of victimisation that could benefit from specific interventions and policies.

BMJ Global Health; Volume 9, Issue 4. 2024, 12pg

By U.S. Government Accountability Office

   The U.S. and its global partners are experiencing the effects of a massive cybercrime wave, which is growing in frequency and scale. In 2021, the Federal Bureau of Investigation received a record number of cybercrime complaints, over 840,000, with potential losses exceeding $6.9 billion. Further, in 2022, the intelligence community noted an increase in ransomware attacks by transnational criminals, which threaten to cause disruptions of critical services worldwide. GAO was asked to review federal efforts to build the capacity of allies and partner nations to combat cybercrime. This report’s specific objectives were to (1) describe challenges in building global capacity to combat cybercrime, and (2) determine actions selected federal agencies are taking to build foreign nations’ capacity to combat cybercrime and the extent to which they are evaluating the effectiveness of their efforts. GAO interviewed agency officials and convened a panel of experts representing entities focused on capacity building to combat global cybercrime. GAO also analyzed documentation from State, DOJ, and DHS, which provide the majority of U.S. capacity building assistance. What GAO Recommends GAO is making one recommendation to State to conduct a comprehensive evaluation of capacity building efforts to counter cybercrime. State concurred with the recommendation. 

 Washington, DC: GAO, 2023. 49p.

By Freya Rock

A Victim Personal Statement (VPS) is submitted by the victim of a crime to the sentencing court to document the physical, emotional, financial, or other impact of the crime. Victim impact statements have become a key element of the sentencing process, although concerns remain about a number of implementation challenges. • The VPS scheme was introduced in England and Wales in 2001 following a commitment in the Victims’ Charter of 1996. The right to submit a VPS is contained in the Victims’ Code. In contrast to other jurisdictions, the right is not currently based in statute. This is set to change with the coming into force of the Victims and Prisoners Bill that is currently passing through Parliament. • Research, including the Victims’ Commissioner’s (2015) study of the VPS scheme in England and Wales, suggests that victim impact statements may improve the proportionality of sentencing outcomes because judges find them helpful in determining the nature and extent of the harm caused. A more accurate calibration of the seriousness of the crime should lead to a more proportionate sentence. • Recent empirical data on the use of VPS are very limited. This restricts the conclusions which may reasonably be drawn about the benefits and burdens/disadvantages of victim impact statements. No data on the volume of victim statements are currently collected by either the Government or the Ministry of Justice, and questions about the VPS have not featured consistently on the Office for National Statistics’ National Crime Survey. • Roberts and Pina-Sanchez’s analyses of Crime Survey for England and Wales (CSEW) data found that across the most recent administrations of the CSEW only 13% recalled receiving an offer. Of the victims who recalled being offered the opportunity to submit a statement, about half (53%) stated they had submitted one. Those who reported having submitted a VPS were asked whether in their opinion the VPS ‘was taken into account by the CJS’. Approximately one-third responded ‘yes, completely’, 30% chose ‘yes, to some extent’ and 34% responded ‘no’. • VPS research should document the reasons behind the low notification and uptake rates. Police officers’ understanding of, and attitudes towards, the VPS should be explored further to ascertain what needs to be done to ensure that the opportunity to submit a VPS is offered to all victims. • Research should explore how Victim Personal Statements are used by sentencers in England and Wales, particularly magistrates. Little is currently known beyond the Victims’ Commissioner’s (2015) finding that sentencers in England and Wales find the statements useful because they help to determine the nature and extent of the harm. • Another priority for future VPS research should be to undertake in-depth qualitative exploration of the reasons why victims in England and Wales choose to submit a VPS and their experiences of doing so. This would involve interviews with victims who have submitted a VPS, ideally before and after the sentencing hearing, to understand their hopes and expectations. • Researchers should also explore the impact the VPS has on the offender. Research has suggested that offenders may appreciate the full consequences of their criminal acts when the victim describes the impact of the crime. Hearing from the person most directly affected may be more meaningful than listening to a prosecutor’s description of the crime.

The Sentencing Academy. 2024, 18pg

By Vivien Miller 

This essay uses the 1950 “case of the clinking brassieres” to explore female theft in Miami at mid-century and the ways in which gender, race, class, respectability, and youth offered protections and shaped treatment within Florida’s criminal justice system. It focuses on the illegal activities of three female telephone employees, their criminal prosecution, and post-conviction relief. These seemingly respectable coin thieves challenged a familiar image of theft as a lower-class crime associated with poverty and economic need, while their blonde hair and white skin (and an idealization of the meanings of white beauty standards), complicated public attitudes in a period when “true” or serious criminals were racketeers and organised crime operatives.

European Social Science History Conference, 2013. 39p.

By The National Association of Manufacturers

Amid an unprecedented global health crisis, manufacturers have stepped up and taken the lead, working together and with national, state and local governments to fight the spread of COVID-19. Manufacturers deliver day-to-day necessities, lifesaving medical innovations and products that improve people’s lives in countless ways. While the pandemic has demonstrated anew the importance of American innovation and ingenuity, it has also revealed a serious threat: counterfeit products that put lives and livelihoods at risk. Counterfeiting is not a new problem; it has harmed manufacturers, American workers and consumers for years. But the problem is getting worse, and the COVID-19 pandemic has shown just how dangerous inaction can be. As part of the nation’s critical response effort, manufacturers have been supplying health care workers and other Americans on the front lines of this crisis with vital goods, including personal protective equipment, hospital beds, ventilators, hand sanitizers, cleaning supplies and other critical health care and safety products. But while manufacturing men and women work long hours to ramp up production of desperately needed products to fight the spread of this deadly illness, counterfeiters have exploited the crisis to peddle fake tests, dangerous vaccines and ineffective protective gear. These counterfeits are harming American citizens and hindering manufacturers’ efforts to protect their workers and communities. The prevalence of counterfeits in the COVID-19 response has brought new urgency to this long-simmering issue. So the National Association of Manufacturers is leading the charge against fake and counterfeit goods, bringing together diverse stakeholders and driving innovative policy solutions to address these issues once and for all and to ensure the long-term success of our sector and the safety and security of the people who rely on our products. 

Washington, DC: National Association of Manufacturers, 2020.  21p.

By John Dunham & Associate

  The Buy Safe America Coalition represents a diverse group of responsible retailers, consumer groups, manufacturers, intellectual property advocates and law enforcement officials who support efforts at all levels of government to protect consumers and communities from the sale of counterfeit and stolen goods. One important issue facing US businesses is the massive growth in the availability and sales of illicit products, both from counterfeit imports — increasingly from China — and from products stolen from legitimate retailers and sold through online marketplaces, where the anonymity of a screenname has made it easier and more profitable to fence counterfeit and stolen goods. The Coalition asked John Dunham & Associates (JDA) to examine the data around these illicit sales to determine how they impact the US economy, federal tax revenues, and criminal activity. This is the first of a series of papers examining the issue of counterfeit and stolen goods and its effect on the United States economy. This analysis will focus on the importation of illicit products, notably counterfeits that violate producers’ intellectual property rights. Future analysis will examine the effects of domestic smuggling, the resale of stolen goods, and the effects of contraband on overall criminal activity. According to the analysis: • A large share of contraband items are delivered to US consumers by mail or by express consignment. These transactions account for over 60.8 percent of all seizures by the US customs service and over 90 percent of intellectual property rights (IPR) seizures. The growth in these types of shipments has increased along with the use of online marketplaces. Amazon, for instance, now derives more than 75 percent of their ecommerce revenue from marketplace sales. • In effect, as companies like the Chinese ecommerce marketplace Alibaba and the Amazon marketplace, have linked more consumers to more shippers, many companies producing illegitimate products have gained access to unwitting consumers in America. • The bulk of counterfeit products to the US come from China and its dependent territories, accounting for over 90.6 percent of all cargo with IPR violations. Of the $1.23 billion in total IPR violations intercepted, $1.12 billion was from China. • Examining just those data where CBP can provide an HS code, in some cases, the amount of contraband cargo is nearly equal to the entire import base. For example, imports of certain sweaters, jumpsuits and toys from China are almost 100 percent contraband, as are large amounts of handbags, jewelry and belts. • While there is substantial academic literature on the smuggling of narcotics, people and tobacco, there is very little written on counterfeit products. Using a very conservative model it is estimated that $44.3 billion in additional illicit cargo is escaping detection. • These lost sales alone mean that over 39,860 jobs in wholesaling and nearly 283,400 retail jobs are lost due to the impact of counterfeit goods skirting normal trade channels. All told, the sale of counterfeit items is expected to cost the wholesale and retail sectors of the US economy nearly 653,450 full-time equivalent jobs that pay over $33.6 billion in wages and benefits to US workers. • It is estimated that the smuggling of counterfeit goods costs the US government nearly $7.2 billion in personal and business tax revenues alone. • This analysis is based on the current level of CBP intercepts of illicit cargo. It is likely that the number of illegal imports is much larger than even estimated here.  

Washington, DC: Buy Safe America Coalition, 2021. 25p.

By Craig S Wright

Cybercrime has become a pervasive and complex issue in today’s interconnected world, posing significant threats to individuals, businesses, and governments. This paper aims to provide a comprehensive overview of the diverse aspects related to cybercrime, including its historical context, demographic and geographic dimensions, environmental influences, and preventive strategies. This review provides a holistic overview of the multifaceted dimensions of cybercrime. By understanding its historical context, demographic and geographic aspects, environmental influences, and preventive strategies, policymakers, law enforcement agencies, and researchers can work collaboratively to combat cyber threats effectively. Such a comprehensive approach will help create a safer digital environment and protect individuals, organizations, and societies from the adverse impacts of cybercrime. Moreover, through ongoing research and collaboration, it is possible to develop innovative solutions and adapt to the evolving landscape of cyber threats, ensuring a secure and resilient digital future.

Unpublished paper, 2023. 54p.

By Galen Englund and Jessica White

This report provides a review of the research on the exploitation of gaming and gaming‑adjacent platforms by violent extremists and the policies seeking to mitigate the impact of that exploitation. There is increasing interest in the nexus of online gaming and (violent) extremism. This report builds on the work of the Extremism and Gaming Research Network (EGRN) to provide a primer for those new to this space and an updated state of play of the cutting‑edge research taking place among members of the network and beyond. The report is divided into three sections. First, it lays out the online gaming ecosystem. The report identifies gamers, the unique individual and community identity formations that can happen in these spaces and the multifaceted environment in which this takes place, including games, gaming‑adjacent spaces and beyond. Second, it builds upon and enhances a typology of potential harms in the online gaming ecosystem. This typology allows clarification of the different ways in which extremism can both spread through these spaces and how extremists can specifically exploit these spaces and communities. Third, it provides an overview of some of the efforts that are currently ongoing to mitigate these potential harms. This includes efforts in the tech industry to reinforce policies and moderation efforts, by game designers to address potential challenges at an early stage and by practitioners who use online gaming engagement or gamification to prevent and counter violent extremism effectively. Finally, the report concludes by looking to the future of this exponentially expanding space. It offers some recommendations for research, policy and practice to better understand and address the threat of extremism within online gaming to protect and enhance online gaming as a positive engagement space.

London: Global Network on Extremism & Technology, 2023. 36p.

By Suzanne Newcombe, Sarah Harvey, Jane Cooper, Ruby Forrester, Jo Banks and Shanon Shah

The word ‘cultic’ is applied to a diverse range of online activity. This label is not always intended to convey a negative judgement; for example, individual influencers, music groups and brands aspire to a ‘cult following’. However, the use of the words ‘cult’ or ‘cultic’ is usually intended by the speaker as a judgement to draw attention to something that may have some elements typically associated with religion (for example, idealisation of a particular individual, a specific worldview and/or ritual practices) as well as the potential to cause harm and violence. This report proposes three ideal-typical groupings of online cultic activity that can glorify and inspire violent extremisms: ‘Cultic’ Religious Groups, ‘Online Cultic Milieus’ and ‘Cultic Fandoms’. This is not an exhaustive description of online activity that has been termed ‘cultic’ in popular culture, but it provides a good starting point for further analysis. This report argues that the understanding of ‘cults’ and online activity needs to be carefully nuanced; the complexities of online and offline activities that might result in violent extremism need to be analysed and risk assessed at the level of both group/social movement and individual. It is important to understand that there are a range of ways individuals interact with these cultic online environments that may or may not represent warning signs or pathways into violent extremism. A holistic understanding of both the nature of the cultic online milieu and an individual’s engagement with that environment is warranted before making assumptions about the nature of any individual’s engagement.

London: Global Network on Extremism and Technology (GNET), July 2023.

By Julia Kupper and Reid Meloy

This pilot study examines the correlation of online and on-the-ground behaviours of three lone-actor terrorists prior to their intended and planned attacks on soft targets in North America and Europe: the Pittsburgh synagogue shooter, the Buffalo supermarket shooter and the Bratislava bar shooter. The activities were examined with the definition of the proximal warning indicator energy burst from the Terrorist Radicalization Assessment Protocol (TRAP-18), originally defined as an acceleration in frequency or variety of preparatory behaviours related to the target. An extensive quantitative and qualitative assessment of primary and secondary sources was conducted, including raw data from different tech platforms (Gab, Discord and Twitter–now X) and open-source materials, such as criminal complaints, superseding indictments and court trial transcripts. Preliminary findings of this small sample suggest an inverse relationship between the online and offline behaviours across all three perpetrators. The average point of time between the decision to attack and the actual attack was five months, with an elevation of digital activities in the three months leading up to the incident, along with some indications of offline planning. In the week prior to the event, social media activity decreased–specifically on the day before the acts of violence with two subjects going completely dark–while terrestrial preparations increased. On the actual day of the incident, all assailants accelerated their tactical on-the-ground actions and resurfaced in the online sphere to publish their final messages in the minutes or hours prior to the attack. It appears that the energy burst behaviours in the digital sphere and the offline actions can be measured in both frequency and variety. Operational implications of this negative correlation are suggested for intelligence analysts, counter-terrorism investigators and threat assessors.

London: The Global Network on Extremism and Technology (GNET), 2023. 36p.

By Nafees Hamid and Cristina Ariza

Question: Are those radicalised offline or online more of a threat? Which group is harder to detect, more successful in completing attacks, and more lethal when they do so? Is the pattern different for youth versus older perpetrators and for men versus women? This report investigates these questions. Database: We created a database containing 439 perpetrators involved in 245 attacks between 1 January 2014 and 1 January 2021. It includes every publicly known completed attack and an extensive sampling of thwarted attacks. Attacks were all jihadist‑linked in eight Western countries: Australia, Austria, Belgium, France, Germany, Spain, the United Kingdom and the United States. Type of radicalisation: In our database, radicalisation primarily happens offline; over half the individuals in our database had been radicalised via offline networks. Success and lethality: Individuals who were radicalised offline were three times more likely than individuals radicalised online to complete an attack successfully. Those radicalised offline are 18 times more lethal than individuals in the online category. Those radicalised online are almost eight times more likely to fail than to succeed. Group attacks: Individuals who were radicalised offline are almost three times more likely to attack or plot in groups than individuals radicalised online. Success of group attacks: While groups were more likely to be thwarted by the police than to succeed (regardless of how individuals had been radicalised), successful groups of people radicalised offline were more lethal than their lone actor counterparts (15%). Family and friends: Some 87% of those with radicalised friends and 74% with radicalised relatives plotted or attacked together. Foreign fighters: Foreign terrorist fighters (FTFs), who were mostly radicalised offline, have the same success rate as non‑FTFs. But success rate increases if they have spent more than a year in a terrorist training location. Age: Online radicalisation is on the rise for young people (born from the 2000s onwards), although most individuals, including young people, are still radicalised offline. Gender: Women appear to be more likely to have been radicalised online. Bottom line: Those radicalised offline are greater in number, more successful in completing attacks and more deadly than those radicalised online.  

London: International Centre for the Study of Radicalisation, King’s College London. 2022. 40p.

By Rebecca A. Delfino

Deepfakes—audiovisual recordings created using artificial intelligence (AI) technology to believably map one person’s movements and words onto another—are ubiquitous. They have permeated societal and civic spaces from entertainment, news, and social media to politics. And now deepfakes are invading the courts, threatening our justice system’s truth-seeking function. Ways deepfakes could infect a court proceeding run the gamut and include parties fabricating evidence to win a civil action, government actors wrongfully securing criminal convictions, and lawyers purposely exploiting a lay jury’s suspicions about evidence. As deepfake technology improves and it becomes harder to tell what is real, juries may start questioning the authenticity of properly admitted evidence, which in turn may have a corrosive effect on the justice system. No evidentiary procedure explicitly governs the presentation of deepfake evidence in court. The existing legal standards governing the authentication of evidence are inadequate because they were developed before the advent of deepfake technology. As a result, they do not solve the urgent problem of how to determine when an audiovisual image is fake and when it is not. Although legal scholarship and the popular media have addressed certain facets of deepfakes in the last several years, there has been no commentary on the procedural aspects of deepfake evidence in court. Absent from the discussion is who gets to decide whether a deepfake is authentic. This Article addresses the matters that prior academic scholarship on deepfakes obscures. It is the first to propose a new addition to the Federal Rules of Evidence reflecting a novel reallocation of fact-determining responsibilities from the jury to the judge, treating the question of deepfake authenticity as one for the court to decide as an expanded gatekeeping function under the Rules. The challenges of deepfakes—problems of proof, the “deepfake defense,” and juror skepticism—can be best addressed by amending the Rules for authenticating digital audiovisual evidence, instructing the jury on its use of that evidence, and limiting counsel’s efforts to exploit the existence of deepfakes.

Hastings Law Journal, 2023. 57p.

By Taurus Myhand

The proliferation of deepfake videos has resulted in rapid improvements in the technology used to create them. Although the use of fake videos and images are not new, advances in artificial intelligence have made deepfakes easier to make and harder to detect. Basic human perception is no longer sufficient to detect deepfakes. Yet, under the current construction of the Federal Rules of Evidence, trials judges are expected to do just that. Trial judges face a daunting challenge when applying the current evidence authentication standards to video evidence in this new reality of widely available deepfake videos. This article examines the gatekeeping role trial judges must perform in light of the unique challenges posed by deepfake video evidence. This article further examines why the jury instruction approach and the rule change approaches proposed by other scholars are insufficient to combat the grave threat of false video evidence. This article concludes with a discussion of the affidavit of forensic analysis approach, a robust response to the authentication challenges posed by deepfakes. The AFA approach preserves most of the current construction of the Federal Rules of Evidence while reviving the gatekeeping role of the trial judge in determining the admissibility of video evidence. The AFA will provide the trial judges with the tools necessary to detect and exclude deepfake videos without leaving an everlasting taint on the juries that would have otherwise seen the falsified videos.

Widener Law Review, 2023. 19p.

MAY CONTAIN MARKUP

BY DAVID S. WALL

Looking at the full range of cybercrime, and computer security he shows how the increase in personal computing power available within a globalized communications network has affected the nature of and response to criminal activities. We have now entered the world of low impact, multiple victim crimes in which bank robbers, for example, no longer have to meticulously plan the theft of millions of dollars. New technological capabilities at their disposal now mean that one person can effectively commit millions of robberies of one dollar each. Against this background, David Wall scrutinizes the regulatory challenges that cybercrime poses for the criminal (and civil) justice processes, at both the national and the international levels.

Polity, 2007, 276 pages