Can Digital Surveillance by Partners Be Criminalized Under Domestic Violence Laws?

Digital surveillance by intimate partners is an emerging form of abuse in domestic violence cases, involving the unauthorized monitoring or tracking of a partner's digital activities. This includes actions such as reading messages, accessing social media accounts, tracking phone location, or installing spyware on personal devices. Depending on the jurisdiction, such surveillance can indeed be criminalized under domestic violence laws or related statutes concerning privacy violations, cyberstalking, and harassment.

1. Digital Surveillance as a Form of Abuse:

Digital surveillance is a form of coercive control, where one partner uses technology to monitor, manipulate, or control the other. It can involve tactics such as:

• Installing spyware on the victim’s phone or computer.
• Tracking physical location via GPS-enabled devices.
• Monitoring online activity through social media, emails, or text messages.
• Using fake identities or accounts to manipulate or deceive the victim.

This form of control is a significant violation of privacy and can contribute to psychological harm, creating an environment of fear and intimidation.

2. Criminalizing Digital Surveillance under Domestic Violence Laws:

Privacy laws: In many countries, unauthorized access to digital devices or accounts is a violation of privacy rights. Depending on the jurisdiction, actions such as accessing someone’s social media without consent or tracking their location without permission can be prosecuted under privacy invasion laws.

Cyberstalking and harassment: Some domestic violence laws have been expanded to include cyberstalking and online harassment as forms of abuse. For instance, monitoring a partner’s movements, accessing their private information, or sending threatening messages online can be criminalized under cyberstalking laws. Cyberstalking is recognized as a form of domestic violence when it is used to instill fear, control, or intimidate the victim.

Anti-hacking laws: If an abuser installs spyware or hacks into the victim’s accounts or devices, this may be prosecuted under anti-hacking or computer fraud laws. Many jurisdictions have laws that make it a crime to access someone’s electronic devices without their knowledge or consent.

3. Examples of Criminalization:

Spyware and surveillance tools: If an abuser uses software to secretly monitor their partner’s phone or computer activity, they may be in violation of cybercrime laws and privacy protection laws, which could lead to criminal charges, fines, or imprisonment.

Tracking and location monitoring: Using GPS technology to track a partner’s physical location without consent can be considered a violation of privacy and can lead to criminal charges under stalking or harassment statutes.

Threatening or coercive communication: Sending threats or using digital platforms to harass or intimidate the victim can be classified as online harassment and may be prosecuted under both domestic violence laws and cyberstalking laws.

4. Legal Protections and Remedies:

Protection orders: In some jurisdictions, victims of digital surveillance can seek restraining orders or protection orders that prohibit the abuser from using specific digital technologies to track or monitor them.

Criminal charges: Victims of digital surveillance may report the abuse to law enforcement, who can pursue criminal charges for activities such as cyberstalking, harassment, or violation of privacy laws.

Civil remedies: In addition to criminal charges, victims may have the right to seek civil remedies such as compensation for damages or the removal of any spyware or surveillance software.

5. Barriers to Legal Enforcement:

Lack of awareness: Many victims may not be aware that digital surveillance is a form of abuse that can be legally prosecuted. Education and awareness campaigns can help individuals recognize and report digital abuse.

Technological challenges: Law enforcement may face challenges in investigating digital surveillance, especially when it involves advanced technology or tools that are difficult to trace. However, as technology evolves, more resources are being allocated to combat digital abuse and support victims.

Jurisdictional issues: Because digital surveillance can cross borders (e.g., if an abuser monitors the victim from another country), there may be jurisdictional challenges in prosecuting such cases. International cooperation and treaties on cybercrime can help address these challenges.

Example:

Emily, a victim of domestic abuse, notices that her ex-partner is tracking her phone’s location without her consent. She discovers that he has installed spyware on her phone to monitor her calls, messages, and online activity. Emily reports the incident to law enforcement, and her abuser is charged under local cyberstalking and privacy violation laws. Additionally, Emily obtains a protection order to prevent her ex-partner from further accessing her devices and is provided with resources to help remove the spyware and protect her privacy.

Conclusion:

Digital surveillance by intimate partners can indeed be criminalized under domestic violence laws, particularly in relation to cyberstalking, harassment, and privacy violations. Legal provisions are evolving to address the growing issue of technology-facilitated abuse, and victims of digital surveillance can seek protection through criminal charges, protection orders, and civil remedies. As awareness increases, it is important for both legal systems and society to recognize the harm caused by digital abuse and offer clear, accessible routes for victims to protect themselves and hold perpetrators accountable.