By The Violence Policy Center

For the past 25 years, the Violence Policy Center (VPC) has published its annual study When Men Murder Women. Released for Domestic Violence Awareness Month in October, the studies analyzed data from the Federal Bureau of Investigation’s (FBI) Supplementary Homicide Reports (SHR) and ranked the states by their rates of females killed by males in single victim/single offender incidents. In addition to ranking the states by this homicide victimization rate, the studies also offered information on the age and race of these female homicide victims, victim to offender relationship, circumstance, and weapon type. The most recent edition (released in 2022 and which analyzed 2020 SHR data), was the final report to be published by the VPC using SHR data. In January of 2021, the FBI changed the way crime data are collected and reported, which has impacted the reliability of subsequent data. That year, the FBI retired the SHR system and replaced it with the National Incident-Based Reporting System (NIBRS). While NIBRS will eventually provide much more comprehensive and robust crime data compared to the SHR, transitioning law enforcement agencies to the new data collection and reporting system has been slow and burdensome. Indeed, many law enforcement agencies did not transition to NIBRS by January of 2021, which has had a significant impact on the reliability of 2021 crime data. After a careful analysis of that year’s crime data, the VPC has determined that current NIBRS data are not reliable for state-by-state gun violence research as required by When Men Murder Women. 

As a result, for the time being the VPC is unable to continue researching and publishing When Men Murder Women, although we hope that we will be able to resume publication of the report in the future. Though other national data sources contain information about homicides, these data sources do not contain the detailed information that was collected and publicly reported by the SHR (for example, sex of offender, type of firearm, relationship, and circumstance).b Over its 25-year publication history, the findings of the report have: led to the passage of laws that protect women and children from domestic violence, including legislation focused specifically on removing guns from the hands of domestic violence offenders; resulted in statewide public education campaigns; spurred the establishment of domestic homicide review boards; and, been repeatedly cited in the support of legislation and policies that protect women and children, including the federal Violence Against Women Act (VAWA).   

Washington, DC: Violence Policy Center, 2023. 21p.

By Terra Wiens

In 2001, the United States experienced a historic demographic change. For the first time, Hispanics became the largest minority group in the nation, exceeding the number of Black residents.2 With a population in 2020 of 62.1 million, Hispanics represent 18.7 percent of the total population of the United States.3 This study is intended to report on Hispanic homicide victimization and suicide in the United States, the role of firearms in homicide and suicide, and overall gun death figures. Recognizing this demographic landscape, the importance of documenting such victimization is clear. Indeed, studies have found that Hispanic individuals are more likely to die by firearm homicide compared to white, non-Hispanic individuals.  

Washington, DC: Violence Policy Center, 2023. 23p.

By Marty Langley and VPC Executive Director Josh Sugarmann.  

To educate the public and policymakers about the reality of black homicide victimization, each year the VPC releases Black Homicide Victimization in the United States (follow this link to download the study as a pdf). This annual study examines black homicide victimization at the state level utilizing unpublished Supplementary Homicide Report data from the Federal Bureau of Investigation. The study ranks the states by their rates of black homicide victimization and offers additional information for the 10 states with the highest black homicide victimization rates.

Washington, DC: Violence Policy Center, 2023. 18p.

By Stephanie Holmes Didwania

Fraud is one of the most prosecuted crimes in the United States, yet scholarly and journalistic discourse about fraud and other financial crimes tends to focus on the absence of so-called “white-collar” prosecutions against wealthy executives. This Article complicates that familiar narrative. It contains the first nationwide account of how the United States actually prosecutes financial crime. It shows—contrary to dominant academic and public discourse—that the government prosecutes an enormous number of people for financial crimes and that these prosecutions disproportionately involve the least advantaged U.S. residents accused of low-level offenses. This empirical account directly contradicts the aspiration advanced by the FBI and Department of Justice that federal prosecution ought to be reserved for only the most egregious and sophisticated financial crimes. This article argues, in other words, that the term “white-collar crime” is a misnomer.

To build this empirical foundation, the Article uses comprehensive data of the roughly two million federal criminal cases prosecuted over the last three decades matched to county-level population data from the U.S. Census. It demonstrates the history, geography, and inequality that characterize federal financial crime cases, which include myriad crimes such as identity theft, mail and wire fraud, public benefits fraud, and tax fraud, to name just a few. It shows that financial crime defendants are disproportionately low-income and Black, and that this overrepresentation is not only a nationwide pattern, but also a pattern in nearly every federal district in the United States. What’s more, the financial crimes prosecuted against these overrepresented defendants are on average the least serious. This Article ends by exploring how formal law and policy, structural incentives, and individual biases could easily create a prosecutorial regime for financial crime that reinforces inequality based on race, gender, and wealth.

Northwestern Law & Econ Research Paper Forthcoming, outhern California Law Review, Vol. 97, 2024, 54 pages

By Luca Giommoni, Ruth Ikwu

   This study identifies the presence of human trafficking indicators in a UK-based sample of sex workers who advertise their services online. To this end, we devel oped a crawling and scraping software that enabled the collection of information from 17, 362 advertisements for female sex workers posted on the largest dedicated platform for sex work services in the UK. We then established a set of 10 indicators of human trafficking and a transparent and replicable methodology through which to detect their presence in our sample. Most of the advertisements (58.3%) contained only one indicator, while 3,694 of the advertisements (21.3%) presented 2 indicators of human trafficking. Only 1.7% of the advertisements reported three or more indica tors, while there were no advertisements that featured more than four. 3, 255 adver tisements (19.0%) did not contain any indicators of human trafficking. Based on this analysis, we propose that this approach constitutes an effective screening process for quickly identifying suspicious cases, which can then be examined by more compre hensive and accurate tools to identify if human trafficking is occurring. We conclude by calling for more empirical research into human trafficking indicators

Trends in Organized Crime. 2024, 14pg

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 National Academies of Sciences, Engineering, and Medicine; Division on Engineering and Physical Sciences; etc

Facial recognition technology is increasingly used for identity verification and identification, from aiding law enforcement investigations to identifying potential security threats at large venues. However, advances in this technology have outpaced laws and regulations, raising significant concerns related to equity, privacy, and civil liberties.

This report explores the current capabilities, future possibilities, and necessary governance for facial recognition technology. Facial Recognition Technology discusses legal, societal, and ethical implications of the technology, and recommends ways that federal agencies and others developing and deploying the technology can mitigate potential harms and enact more comprehensive safeguards.

Washington, DC: National Academies Press, 2024.

By Siobhan Lawler and Hayley Boxall

A significant proportion of users subjected to dating app facilitated sexual violence (DAFSV) make a report to the platform. However, the experiences of victim-survivors reporting to dating platforms has been underexamined in research.

Based on the analysis of a survey completed by 1,555 dating platform users in Australia who had reported DAFSV to the platform, this study found overall positive experiences reporting to platforms. However, victim-survivors’ experiences differed depending on their gender and sexual identity; LGB+ women reported the lowest levels of satisfaction with platforms’ responses, and heterosexual men the highest.

Further, respondents who were satisfied with how platforms responded to their reports of DAFSV were more likely to say that they would report again in the future. Respondents who said that the dating platform had provided them with information about other services were also more likely to report the incident to the police.

 Trends & issues in crime and criminal justice no. 688. 

Canberra: Australian Institute of Criminology. 2024. 17p.

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 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.