Last week, I posted an article that highlighted three instances where criminals were using and getting caught by web 2.0 tools like Facebook. But some victims’ advocates are calling for the complete removal of social networking privileges for criminals, especially sex offenders and those currently behind bars.
The Toronto Sun reports that Families United, a UK group urging Parliament to do more to address violent crime, is calling for an extension of criminal punishment into the virtual world. Gary Trowsdale, a founding member of the groups says,
Basically, when a criminal is sentenced…they lose their civil liberties. If someone goes behind bars, their social liberties should be taken away (as well).
Taking away liberties
That’s a big statement and covers a large range of “liberties” far beyond a criminal’s use of Twitter and Facebook. From his language, it would seem that Trowsdale wants to take away a criminal’s right to be social and interact with other human beings (family members, parole officers, support and therapy groups, etc.). We’ve already seen the effects of cutting off criminals from social interaction and that type of punishment often harms society at large more than it keeps law-abiding citizens safe.
To be fair, though, I think Trowsdale simply misspoke and really meant that he wants to cut criminals off from using a handful of technologies that make it easier for us to communicate. But, as the Toronto Sun points out, there are already laws in place that limit a prisoners’ access to social networking:
Prisoners aren’t supposed to have access to social networking sites — though some have done so through smuggled cellphones and by having friends create profiles.
Beyond those that are incarcerated, many sex offender laws in the US prohibit ex-offenders from using the internet and many states have begun to require that sex offenders register all email and social networking accounts with the state. And current harassment laws already cover criminal behavior through all types of media.
Illegally using technology to commit illegal acts
If criminals are already illegally using technology to commit acts that are already illegal, then making it even more illegal is not going to do a bit of good. In short, railing against the use of technology and trying to over-legislate its use seems like a knee-jerk, ineffective way to try and deal with the issue if current laws are not being enforced or are unenforceable.
The real problem, it appears, is not one of legislation, but one of policing and tracking. Law enforcement agencies in the US are constantly trying to keep up with new and evolving technologies. In fact, many are beginning to make use of social networking to catch criminals. But, currently, they do not have access to social networks, except through the sites’ administrators. Often law enforcement access comes only through court orders, subpoenas, and other requests for private companies to police themselves.
No power to enforce
It is the social network administrators who have the real power to stop these abuses from happening. Right now, users who are receiving threats or are being harassed can “report” the harasser to the social network. The allegation is then sent into a review process, where civilian employees make a determination if the accused harasser has violated the terms of service agreement. If they have, then harasser’s profile is blocked/deleted. The problem with this system is that a harasser can simply create a new account and continue the abuse until he or she is reported again.
No jurisdiction to enforce it
Adding another layer of complexity is the fact that many times, two users of the same social network can (and often will be) in different law enforcement jurisdictions. If I live in Ohio and my Facebook stalker lives in Tennessee, who do I report the harassment to? What city government presses charges? Where is the guilty party punished? In this recent story, Wisconsin police couldn’t take any action against an online creep until he attempted blackmailing women in his own law enforcement jurisdiction.
These problems lead me to believe that passing more legislation to make illegal activities even more illegal is ineffective. Only better systems for tracking and prosecuting offenders is the solution.
A cyber-police force
Currently there is no cyber-police force that has nationwide jurisdiction and easy access inside social networking sites. Social networking sites don’t have the power to prosecute offenders, and law enforcement doesn’t have quick and easy legal access to information held behind social networking firewalls.
Perhaps creating a force that could combine power to prosecute with access to information could be the solution—although that combination will make any privacy advocate seethe with indignation. But provided that the right checks on power are created, this type of agency might make a lot of sense, especially as our world becomes increasingly virtual.
What is your solution? Leave a your thoughts in the comments section.
James Gunter is the editor of The Crime Map and the director of social media for CrimeReports.com.
Get on the National Crime Map at CrimeReports.com
{ 2 comments… read them below or add one }
Let me see if I have this straight. You propose, to make us safer, we give some of our liberties up to a new and improved branch of government, a police force?
How about instead we make it a crime to allow a person under the age of 18 to access the internet without parental (etc.) guidance?
We old geezers built the internet, and many of us are former felons.
Do you have any idea how many American’s have been in prison?
I don’t know what planet you come from, but here on earth in the USA, we don’t forever take away the rights of humans who have erred.
To do so will result in anarchy. When the great majority of American’s, those who have themselves been incarcerated, who have a family member or spouse incarcerated, and who know someone who has been or presently is incarcerated decide enough is enough and just stay home and in protest refuse to buy or sell, they’ll bring this nation to its knees.
I think we should take our internets and just go home and let y’all stew in your brick and mortar safe places.
Exactly, Doc. I completely agree with you. Taking away ex-felons rights to use the internet is NOT the way to go. People like yourself should be able to use the internet just like everyone else, once you’ve paid your debt to society. I think the problem is, rather, policing and enforcing the law on those who are abusing the internet to harass or bully others—especially those who are currently behind bars.
I disagree with the UK man who said we should take away all “social liberties.” That’s absurd and not even enforceable. But in order to catch those who are abusing internet communication tools, we need something—some entity—that actually has the power to track and prosecute those individuals nationally. The current laws are not being enforced simply because there is no one to enforce them.
Thanks for your comment.