By  Sine Plambech, Ahlam Chemlali,  and Maria Chiara Cerio

Themes as labour migration, trafficking, sex work, debt and reproductive health, are often tackled separately, but the reality experienced by women on the move shows that they are much more intertwined than it might seem.

This new DIIS Report aims at exploring these connections bringing to the core of the conversation the first-hand experience of migrant women from West Africa. Fifty-one women are interviewed at different points of their journeys from Nigeria and Ivory Coast through Niger, Tunisia, Libya, across the Mediterranean to Italy and onwards to Northern Europe.

Anchored in critical trafficking studies, the report draws on a trafficking-migration continuum to understand how categories of forced, voluntary or irregular migration will vary according to political and moral values. The women interviewed in this study did not define themselves as trafficked, but as women looking for safety and business opportunities. Taking into consideration their personal and individual stories allow us to overcome the invisibility of migrant women usually depicted as just victims of trafficking or criminals crossing European borders, and understanding them as agent with an active role in their migratory experience.

Irregular migrant women face several vulnerabilities as heightened levels of gender-based violence en route, including rape, maternal mortality and limited access to contraception and pregnancy termination. Migrant women en route implement harm reduction strategies to address these vulnerabilities and ultimately survive. Often this implies relying on dangerous and quick solutions and avoiding professional medical assistance or humanitarian aid, due to their fear of being deported or arrested.

Based on the stories and experiences of migrant women and practitioners, this report seeks to develop doable solutions to make this migratory path safer. It speaks directly to NGOs and practitioners in terms of implementing accessible spaces for women and girls’ specific needs, to health and medical organisations in order to provide reproductive health services in numerous points of the journey and finally to policy makers in the hope of bank and debt, sex work and migration policies reforms.

Copenhagen:  DIIS · Danish Institute for International Studies, 2022. 72p.

By Jacqueline Beard    

  Part 2 of the Sexual Offences Act 2003 provides various measures that enable the police in England and Wales to monitor and manage sex offenders living in the local area. Notification requirements: The “sex offenders register” Certain sex offenders are required to notify the police of personal information such as their name, address and bank and credit card details, and to update the police whenever this information changes. The police record of this information is commonly referred to as the “sex offenders register”. There is no general public access to the “sex offenders register”. The child sex offender disclosure scheme allows parents, carers and guardians to formally ask the police to tell them if someone has a record for child sexual offences. The notification requirements are imposed automatically on offenders convicted of certain offences in the UK but can also be imposed on offenders convicted overseas. The notification requirements are imposed for a fixed or indefinite period, depending on the sentence received. The penalties for breaching notification requirements range from a fine to imprisonment for up to five years. Those offenders subject to an indefinite notification period can apply to the police for a determination that they no longer pose a risk and should no longer be on the register. The earliest point at which such an application can be made is 15 years after the date of the offender’s first notification (or eight years, for those aged under 18 when convicted). Sexual Harm Prevention Orders and Sexual Risk Orders There are two civil orders available to manage sex offenders and those who pose a risk of harm: Sexual Harm Prevention Orders (SHPOs) and Sexual Risk Orders (SROs). These orders can place a range of restrictions and/or positive requirements on individuals depending on the nature of the case, such as limiting their internet use or preventing travel abroad. The penalties for breach range from a fine to imprisonment for up to five years. Details can be found in the Home Office, Guidance on Part 2 of the Sexual Offences Act 2003, November 2022.  

London: House of Commons Library, 2023. 23p.

By Louise Marie Hurel

  In February 2020, the Decree 10.222 established Brazil’s National Cybersecurity Strategy (E-Ciber) — the first official document to provide an overview regarding Brazil’s role in cybersecurity, as well as objectives and guiding principles for its development between 2020 and 2023. With the Covid-19 pandemic, thousands of people, governmental agencies, and businesses have rapidly adapted their activities to a largely virtual environment. This sudden migration led to new threats and attack surfaces for exploiting vulnerabilities. More than ever, different sectors must be prepared and trained to respond to and resist these threats. However, this was precisely the period in which Brazil suffered the worst cyber attack in its history – highlighting, yet again, that many challenges remain for ensuring that concerns with security turn into action across different sectors. This strategic paper identifies the main gaps and challenges for cybersecurity governance in Brazil. We unpack the main elements of E-Ciber in order to understand and place the country’s strategic vision historically as well as in relation to other international experiences. We adopt a principlesbased approach that seeks to strengthen and inform the implementation of strategic cybersecurity objectives in Brazil, which include: national and international coordination and cooperation; knowledge integration; sustainability of efforts; and cybersecurity-related training. 1 See Annex 1 for greater detail on the various challenges. This document is the result of three months of interviews with specialists from various sectors, thematic document analysis, and ethnographic work in different areas, forums, and debates. Challenges identified in interviews and field work include:1 (i) The absence of a shared vocabulary when referring to cybersecurity/digital issues in society; (ii) The association of cybersecurity with military affairs, responsibilities and institutions; (iii) Lack of understanding regarding specific and shared digital risks across sectors; (iv) The absence of mechanisms for sharing information regarding security risks/threats and knowledge across sectors; (v) Lack of normative, strategic, and operational alignment for incident response; and (vi) (vi)The existence of various cybersecurity maturity levels throughout society

Brazil: Igarape Institute, 2021. 43p.

By Carlos Vilalta and Gustavo Fondevila 

Not much information can be found on the size and trends of the prison population in Latin America. Over the past few years, our knowledge base has started to increase. Now we know, with certainty, that prison populations have been growing much faster than the general population, and that their living conditions are extremely harsh. 3 Thus it should not surprise us when we often hear of deadly prison riots happening in countries like Brazil, Venezuela, and Mexico, as a consequence of overcrowding and poor living conditions. Although living conditions in prisons in the region are still appalling, rapid growth seems to have come to an end. Trend data suggests that the Latin American prison population rate has stabilized. The objective of this study is to offer a data driven review of the growth, trends, and the principle reasons behind the rapid expansion of the prison population in the region during the past two decades. A key factor appears to be  the rise of prison populism. We do not provide an argument for the recent decrease in the growth rate, it is too early to determine whether the recent slow-down in prison population growth is due to a regime shift in the time series, or the effect of random variation. Still, ceteris paribus, we provide a projection of the prison population rate for the region. This Strategic Note fills a gap in the literature. Our particular contribution consists of the compilation of quantitative data of the region´s prison population, with the purpose of providing a broad but novel overview of the rapid growth and challenges to a wide audience of researchers and practitioners worldwide. 

Brazil: Igarape Institute, 2019. 16p.

By Vivian Miller

Peter Christian "Paddy" Barrie was a seasoned fraudster who transferred his horse doping and horse substitution skills from British to North American racetracks in the 1920s. His thoroughbred ringers were entered in elite races to guarantee winnings for syndicates and betting rings in the prohibition-era United States. This case study of a professional travelling criminal and the challenges he posed for the Pinkerton National Detective Agency in the early 1930s war on crime highlights both the importance of illegal betting to urban mobsters and the need for broader and more nuanced critiques of Depression-era organised crime activities and alliances.

Journal of American Studies, 2021. 35p.

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 & Associates

The Retail Industry Leaders Association (RILA) is the US trade association for retailers that have earned leadership status by virtue of their sales volume, innovation, or aspiration. The Buy Safe America Coalition (BSA) 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 retailers is the growth in the availability and sales of illicit products, both from counterfeit imports and from products stolen from legitimate retailers. These products are increasingly sold online through third-party marketplaces. RILA and BSA 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 second in a series of papers examining the issue of organized retail crime (ORC), and its effect on the United States economy. This analysis will focus on product theft from brick-and- mortar retailers and the rise of organized theft operations that fence illegally obtained goods to consumers, increasingly online. While this paper focuses solely on those goods stolen from retail locations, there is a growing problem with consumer goods being stolen from containers and trucks as the supply chain has backed up in recent months. For the purpose of this analysis, cargo theft was not included. According to the analysis: • As much as $68.9 billion worth of products were stolen from retailers in 2019. This represents about 1.5 percent of total retail sales. • Law enforcement and retail asset protection officials have found that the availability of anonymous online marketplaces has provided an easy way to sell stolen goods, and that the growth of these marketplaces coincides with a recent surge in organized retail crime that puts both employees and customers in harm’s way. • Academic research has suggested that most retail theft represent crimes of opportunity. In other words, people steal when it is easy to do so. Other causes include poor economic conditions, and dissatisfaction among workers. However, professionals in the field identify the availability of anonymous on-line marketplaces as ways to easily fence goods, and prosecutorial changes as being major factors contributing to the growth in ORC. • The growth in on-line marketplaces is highly correlated (61 percent) to the number of shoplifting events reported each year. • In addition, those retail categories most subject to shoplifting activities are also the ones most sought after through on-line marketplaces. • Nearly 67 percent of asset protection managers at leading retailers surveyed report a moderate to considerable increase in organized retail crime, while 80 percent believe it will only get worse in the future.  The economic impact of retail crime is profound. Retailers face increased costs for lost product, security, and labor, which lead to higher prices for consumers and ultimately, lower sales. Lower sales translate to fewer jobs throughout the economy. The result is $125.7 billion in lost economic activity and 658,375 fewer jobs, paying almost $39.3 billion in wages and benefits to workers. • Retail theft is not a problem just in major metropolitan areas, it is pervasive across America. In fact, one factor that is associated with lower levels of retail theft is the density of retail locations. • The impact of theft is felt through higher prices, and this impact is more acutely felt by low- and middle-income families. • It is estimated that retail theft costs federal and state governments nearly $15 billion in personal and business tax revenues, not including the lost sales taxes.

Washington DC: Retail Industry Leaders Association (RILA) ;  Washington, DC:  Buy Safe American Coalition, 75p.

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 Folahanmi Aina and John Sunday Ojo

Violent extremist organisations (VEOs) use social media platforms to promote extremist content and coordinate agendas.  The use of digital platforms to disseminate information and coordinate activities by VEOs in Nigeria has grown considerably in recent years. This report analyses the adoption of social media before and after attacks by Boko Haram, Islamic State of West Africa Province (ISWAP) and Ansaru. In the post-attack environment, Boko Haram, ISWAP and Ansaru use platforms to claim responsibility and display their strengths against the state’s security forces. By demonstrating their capacity to attack state security forces, the three groups aim to erode the public’s confidence in the state military’s capacity to safeguard national security. The key findings of this report are as follows: Boko Haram, ISWAP and Ansaru previously leveraged popular social media platforms, including YouTube, Facebook, Telegram and Instagram. These platforms were used to promote propaganda and create awareness regarding upcoming attacks. However, all three groups have now had their use of these platforms restricted or banned. ISWAP has switched to using WhatsApp as a secure platform for communication before, during and after attacks. Rocket.Chat and Telegram have also been instrumental in ISWAP’s information dissemination. Boko Haram uses Telegram to share its activities in the pre-attack and post-attack environments. Ansaru has yet to appear on social media platforms due to its underground activities, which are hard to monitor. The recent acquisition of high-speed satellite internet has enhanced ISWAP’s communication with its audience and enabled coordinated attacks. Combating the exploitation of social media platform by VEOs requires a multidimensional approach. Effective collaboration with technology companies becomes imperative to identify extremist content. Building technological infrastructure for the state requires synergistic collaboration with the military and intelligence agencies to enable the removal of extremism from social media platforms. Devising multilingual and specialised algorithms to detect coded extremism messages and audio-visual content is essential for effective counter-extremism digital architecture. Investing in current technology through research and algorithm development must be prioritised to identify violent extremist content in Nigeria and beyond.

London: Global Network on Extremism & Technology, 2023. 30p.

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 Marcial A. G. Suarez, Luís Antônio Francisco de Souza, Carlos Henrique Aguiar Serra

This paper discusses the deadly use of violence as a public security agenda, focusing on police lethality and military interventions. Through a literature review to understanding concepts – such as “war,” for example – used in public security policy agendas, the study seeks to frame the notion of political violence, mainly referring to the policies designed to combat violence in Brazil. The objective is to problematize the public security policy based on the idea of confrontation, which adopts the logic of war and the notion of “enemy”. The paper is divided into three parts. The first is a conceptual approach to violence and war, and the second is the analysis of the dynamic of deadly use of force. Finally, the third part is a contextual analysis of violence in Rio de Janeiro, its characteristics, and central actors, using official statistics on violence in the region.

Brazil: Oñati Socio-Legal Series, 2021. 22p.

By Reynell Badillo-Sarmiento & Luis Fernando Trejos-Rosero 

This article explores how organized criminal organizations exercise criminal governance over other organized and non-organized criminals using public messaging, lethal and extra-lethal violence. Drawing on extensive fieldwork, over 350 press reports, and an original database on inter-criminal lethal violence, we show, in line with recent literature on organized crime, that while these organizations use violence to build their reputation as actors willing to use force, they also provide benefits to other criminals such as financing and protection from state and competitors. This article contributes to the literature on criminal governance by elaborating on the mechanisms shown in recent work and by detailing an unexplored case study in Barranquilla (Colombia).

Colombia: Trends in Organized Crime, 2023. 27p.

By Jakiyah Bradley

In recognition of Black History Month, this TMI brief examines the ramifications of attempts by anti-truth groups to remove or whitewash our nation’s history and legacy of racism from K-12 public school classrooms. The Legal Defense Fund (LDF) fights tirelessly for safe, inclusive, and high-quality education, and we believe that proper education requires an honest, accurate, and comprehensive understanding of our past to create a more just and inclusive future. The current efforts to silence discussions on race and its intersections with inequalities based on sexuality and gender are not the first attempts to distort and erase U.S. history. This is a centuries old war on truth that continues to evolve. Today’s attacks on truth are born out of a broader history where a small minority tries to use their power and privilege to eclipse racial justice progress. One way in which truth is attacked is through controlling the narratives told in children’s history textbooks, a practice dating back to the U.S. Civil War.

New York: NAACP Legal Defense Fund , Thurgood Marshall Institute, 2023, 12p

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.