It’s 1965 and dashing double agent 007, James Bond, has been sent to recover two formidable warheads from the Bahamian lair of Emilio Largo, one-eyed mastermind of the terrorist group SPECTRE. Largo and his organization have hijacked the warheads from a NATO plane and threatened worldwide nuclear destruction to extort 100 million pounds. No match for the heroic James Bond, who armed with his infrared camera with Geiger Counter, Modified Breitling Top Time chronograph watch, and spearhead, deftly maneuvers his way through underwater attacks with shark and man alike to bring the bad guys to rights and securing the admiration of a smoldering beauty.
While providing fodder for tales of undersea adventure in the movies, extortion is generally not that much fun, and there’s little chance of a Bond-like hero coming to your rescue when an extortionist has targeted you. However, there are some options for protection and resolution.
Cyber Extortion and Sextortion
To clarify what we’re talking about here, cyber extortion is a type of cybercrime in which criminals threaten to harm an individual’s or organization’s systems, network, or data if they do not receive ransom. Sextortion, on the other hand, is the practice of extorting money or sexual favors from someone by threatening to reveal evidence of sexual activity. Although one involves sex and the other does not, they both involve threat. Threat is undesirable because it triggers our innate fear response, provoking increased heart rate, anxiety, uneasiness, and the very founded notion that bodily harm and financial loss are imminent.
Luckily, there are laws for that. According to an admittedly roughly translated Congress-enacted subparagraph, people or organizations who……
Threaten/s to cause damage to a protected computer
Threaten/s to obtain or impair the confidentiality of information from a protected computer without authorization
Demand/s or request/s money or something of value concerning the impairment of a protected computer to facilitate extortion …..
Are punishable by law.
What are the Legal Consequences of Cyber Extortion?
Now, let’s get to those punishments.
Penalties and civil liabilities: Violators may be punished by up to five years in jail (up to 10 for second-time offenders) or a fine of up to $250,000.
Property confiscation: Property used to facilitate an extortion attempt (namely computers) is subject to confiscation. Offenders may also be required to pay restitution.
Attempt, Conspiracy, and Complicity: Those who aid or abet the offender are subject to the same penalties as those incurred by the offender.
What are the Legal Consequences of Sextortion?
While there is no federal against sextortion, sextortionists may be charged with a combination of statutes under federal law. Several states have enacted laws on sexual extortion, while others prosecute these acts as extortion, sexting, revenge porn, or child pornography.
Federal Law
As previously mentioned, there is no existing federal law about sextortion; however, criminals may be prosecuted for basic extortion in a federal court of law. If the target is a minor, sextortionists can be charged with producing, possessing, or distributing child pornography. Penalties for sextortion crimes involving children range from five to forty years in prison.
State Law
States, on the other hand, have their own penalties for sextortion. In Pennsylvania, for example, penalties for sextortionists range from five years in prison (first-degree misdemeanor) to seven years in jail (third-degree felony for cases involving minors, intellectually disabled individuals, repeat offenders, and those who hold authority over the victims. Utah punishes offenses involving an adult victim and offender with up to five years in prison (third-degree penalty), one to fifteen years in jail (second-degree felony for aggravated sextortion when the victim is an adult), and five years to life in prison when the victim is a child.
Getting Smart About Cyberextortion and Sextortion
If you can’t get Bond, why not “Get Smart?” Here is some advice for staying smart when dealing with mercenary cyberbully perverts!
Don’t comply with demands: Complying with demands seldom stops the offender and often causes him or her to increase their demands. Completely cut off communication on your end for best practice.
Don’t delete anything: Save all communications from the perpetrator. They can be used against him (or her) in a court of law!
Make a report: Report all online criminal activity to the local law enforcement agency, or the FBI.
Notify your tech platform: Most tech platforms have standards for appropriate behavior. Any type of extortion typically violates those standards. If you notify your tech platform, they should be able to remove the perpetrator’s comments and ban him or her from the site.
Change your passwords: Time to amp up account security! Get creative with your passwords to keep the bad guys away!
Parting Words of Wisdom
While it may not be the heroic James Bond to your cyber s/extortion rescue, other agents are available! Keep calm and don’t respond! And remember, Cyber Claim Lawyer is on your side! For free legal advice, visit Cyber Claim Law helping you make informed decisions while protecting your rights!