Abstract
Social media platforms and services have become nowadays both the object and the instruments of security-oriented initiatives. Their capabilities are exploited by law enforcement, security, and public safety agencies for managing crisis and emergencies, for policing, and/or conducting intelligence activities in the field of counter-terrorism, crime and other threat prevention and response. This chapter reviews these initiatives and, from a broad perspective, addresses some of the relevant governance implications they raise. Starting from a short presentation of the position of social media platforms, technologies, and services in the EU and the Italian security discourse, the chapter examines the potential use of these tools for policing, intelligence, and crisis management. Then, it reviews the EU (supranational) and Italian (domestic) policy frameworks governing the employment of social media for security. Special attention is paid to the study of the role, responsibilities and functions that are assigned to providers. The chapter concludes by acknowledging that improvements to the governance of the security-related employment of social media can be achieved through the adoption and implementation of a more coordinated, coherent, comprehensive, and effectively inclusive approach to the matter.
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Notes
- 1.
According to Digital in 2017, there were 2.79 billion (out of 3.77 billion internet users) active social media users in the world in January 2016; 21% more than in January 2016 (WeAreSocial 2017, p. 5–6).
- 2.
There is no agreed definition of social media in the literature and among practitioners. In plain language, the expression refers to both the Internet-based technologies and the techniques/practices that allow users to generate and share content in different formats (video, audio, textual). In everyday life, the expression social media is often used interchangeably with that of social network, which is employed to refer to both a group of individuals that interact among themselves on the basis of a shared interest and to websites devoted to the building up and development of a virtual social web. From this latter point of view, a social network represents a virtual space in which the individuals-users share information and establish relations among them. In general, the lack of a clear common definition of “social media” seems to be ascribed also to a close dependence of its notion on: the applied technologies/software, their continuous development and update, as well as the different kind of social interactions users can establish among themselves. These elements seem to contribute, in a dynamic perspective, to constantly refine the concept of social media and prevent the “crystallisation” of a notion. In addition, it seems also hard to proceed with a coherent classification of the plethora of existing social media platforms (e.g. Twitter, Facebook, LinkedIn, MeetUp, Wikipedia, Flickr, YouTube, Vimeo, Slideshare.net , Second Life, etc.) even if part of the academic literature has tried to do so. See for instance Kaplan and Haenlein (2010), who identify different social media categories according to: the main goal which is pursued through their use (bi/multi-directional communication among individuals-users, independently from their object or aim; the collaboration among them in more or less circumscribed fields and for more or less pre-determined purposes; the sharing of multimedia content and entertainment); the type of content which is shared (textual, image, video, audio) and, last but not least, the degree of personal involvement and participatory expectation of the individual-user.
- 3.
Internet represents an important vector of the globalisation process and since its very beginning has had the role of main generator and, at the same time, of main collector of information in almost all areas (Ivan et al. 2014, p. 505). In particular, within the Internet, social media embody a new kind of private/public space in which individual users or groups interact and generate, share, obtain information.
- 4.
See infra in the text.
- 5.
The Union competences are a complex set of rules separating policy areas and specifying levels of Union and Member State involvement in those areas. Under Article 3 TFEU, the EU has exclusive supranational competence in the areas of the customs union, Eurozone financial matters, establishing competition rules for the internal market and conservation of marine resources under the common fisheries policy. It has a shared competence with Member States in areas such as wider internal market policy, the environment, the area of freedom, security and justice, energy policy and consumer protection. In policies areas such as health, industry, culture and tourism the EU can only support national governments. The EU has no competence with regards to matters falling within Member States’ national security (see next footnote).
- 6.
Art. 4(2) of the TEU reads as follows: “The Union shall respect the equality of Member States (…) as well as their national identities (…) It shall respect their essential state functions, including (…) safeguarding national security. In particular, national security remains the sole responsibility of each Member State”.
- 7.
Please see below.
- 8.
Europol is the EU’s agency whose main goal is to support and enhance Member States’ competent authorities action and their mutual cooperation in preventing and combating organised crime, terrorism and other forms of serious crime affecting two or more Member States (Council of the European Union 2009). Starting from May 2017, a new legal instrument will govern Europol activities (European Union 2016).
- 9.
In particular, the EU IRU has the following tasks: (1) to coordinate and share the flagging of terrorist and violent extremist content online with relevant partners (i.e. Member States LEAs and social media providers); (2) to carry out referrals in close cooperation with the industry; (3) to support competent authorities, by providing both strategic and operational analysis; (4) to act as a hub of expertise in these fields (for further operational details see infra paragraph 11.3.2). The EU IRU builds upon another Europol promoted initiative. It is the “Check-the-Web” (CTW) which aimed at strengthening cooperation on monitoring and evaluating open Internet sources on a voluntary basis. CTW has led to the creation of an electronic reference library of jihadist terrorist online propaganda, accessible by the competent authorities of EU Member States and associated third Parties (Council of the European Union 2007, p. 4–5).
- 10.
In practical terms, within the EU Internet Forum, Europol EU IRU contributes to flag and refer terrorist content online in cooperation with LEAs from EU Member States and the Internet industry whereas civil society is engaged in designing alternative narratives with the support of the Internet industry. In the framework of the EU Internet Forum, civil society has been so far represented by the Radicalisation Awareness Network, a EU sponsored network of practitioners. In addition, it is within the EU Internet Forum that a number of projects have been developed and launched such as the recent shared database of digital “hashes” to help identify potential terrorist content on social media and prevent its reappearance on other platforms, or the Civil Society Empowerment Programme, a 10 million Euros financial support to civil society actors to develop alternative narratives to combat terrorism online which will be distributed mainly through social media channels.
- 11.
For further details on its content and implementation see infra in paragraph 11.4.
- 12.
In general, the EU put great emphasis on the need to safeguard individuals’ privacy and the principle of due process with regard to the disclosure of digital evidence, in order to ensure that the Internet and social media service providers do not become a ‘choke-point’ for investigations (European Commission 2015a, p. 19–20).
- 13.
The EC3 was launched in January 2013 as a specialised centre within Europol to strengthen the law enforcement response to cybercrime in the EU. In particular, EC3 focuses on cybercrimes: (1) committed by organised criminal groups, generating large criminal profits; (2) seriously harming victims such as online child sexual exploitation; (3) affecting critical infrastructure and information systems in the EU. The European Cybercrime Centre serves as a central hub for criminal information and intelligence. It provides EU Member States and Third partner countries’ law enforcement agencies with strategic analysis products as well as highly specialised technical and digital forensic support capabilities to investigations and operations. (Europol 2013, p. 4). See also https://www.europol.europa.eu/about-europol/european-cybercrime-centre-ec3
- 14.
In order to facilitate the process, the Ministers called for the establishment of a point of contact within each of the service providers to directly respond to legal requisitions from the competent authorities.
- 15.
See the EU Civil Protection Mechanism. http://ec.europa.eu/echo/what/civil-protection/mechanism_en. Accessed 19 December 2016.
- 16.
See also the European Flood Alert System, developed by the European Commission’s Institute for Environment and Sustainability (IES), the European Forest Fire Information System (EFFIS) and the Global Disaster Alerts and Coordination System (GDACS) which can gather and process data extracted from social media (European Commission 2016).
- 17.
The Department coordinates the response to natural disasters, catastrophes or other events.
- 18.
The security intelligence community worldwide acknowledged the different advantages in crafting knowledge from social media data. These are: the low cost of gathering and analysing data, the huge quantity and great variety of available information, as well as the speed with which data can be accessed and collected (often at real-time). These advantages are noticeable especially when compared with more traditional techniques of data gathering (e.g. telephone tapping, application of hidden microphones, undercover operations, just to mention some). There are of course constraints and disadvantages that cannot be underestimated (Bonfanti 2015, p. 19–20; Omand et al. 2012b, p. 51–61).
- 19.
It is worth noting that the application of social media in crisis and emergency management has offered a change of perspective in what affected populations can do in these critical situations. In fact, individuals have gradually become active users of official recommendations and advice coming from rescue agencies, as well as active contributors of relevant information through their social media profiles (Wendling et al. 2013, p. 8).
- 20.
Among the existing applications used in disaster management that generate knowledge from social media data, see for example the Slándáil System (http://slandail.eu/) i.e. a software which collects social media data, as texts, images and videos (including sensitive data like names) during a natural disaster. It then aggregates these data and provides outputs in the form of actionable information for rescuers (e.g. key places under particular threat, identities and numbers of missing people and casualties) (Jackson et al. 2015, p. 168).
- 21.
In order to investigate the extent to which social media data are used by law enforcement agents, the US business research company LexisNexis carried out an online survey on more than 1200 US federal, state and local law enforcement professionals. The result is quite clear as 81% of the interviewed people confirmed to utilise social media as an investigative and intelligence gathering tool and, more in particular, 63% used social media for crime investigation, whereas 51% used them for crime anticipation purposes (LexisNexis 2014, p. 4). This trend may be justified by both the lower cost of social media tools compared to more classical forms of surveillance and, in particular, as a response to public pressure for the police to investigate crimes online after a number of violent attacks occurring at world level revealed to have been anticipated on social media with several warning signs (Mateescu et al. 2015, p. 1).
- 22.
In some European countries (e.g. France, Germany, United Kingdom) Governmental authorities have recently asked providers of social media as well as of services of instant messaging (e.g. WhatsApp) to make any relevant encrypted information “readable” and directly accessible to law enforcement authorities for investigation purposes (Sparrow 2017).
- 23.
For instance, during the investigations carried out in the aftermath of the Boston Marathon bombings, the Boston Police Department used Twitter to communicate with the population. They provided updates on police activities and the status of the investigation, announced traffic diversions, and requested public assistance as eye witnessing/statements. Furthermore, Twitter proved to be a timely source of direct observations of, and immediate reactions to events, such as turmoil like the 2011 London riots (Glasgow 2015, p. 40).
- 24.
The term SOCMINT does not only refer to a process but also to the product that results from such process (Bonfanti 2015, p. 12).
- 25.
For example, the US Defence Intelligence Agency (DIA) has also developed an instrument that scans social media for individual faces by analysing millions of postings for images of a single person. As reported in an interview released by Gen. Flynn, the previous DIA Director, this technique proved useful during the Crimean annexation by Russia in the beginning of 2014 (Barnes 2014).
- 26.
Safety Check is an app launched by Facebook which allows people to quickly share with friends and family that they are safe and helps them connect with close people. In particular, during a disaster, Safety Check allows: to acknowledge friends and family that a person is safe; control on friends and family in the affected area and connect with them and share what a person knows regarding a friend or family member’s status. See https://www.facebook.com/help/695378390556779. See also Google (2016) and https://www.google.org/crisisresponse/about
- 27.
The policy document and guidelines are available at http://www.protezionecivile.gov.it/jcms/it/view_dossier.wp?contentId=DOS52445
- 28.
See supra.
- 29.
See also the case of the UK Counterterrorism Internet Referral Unit (National Police Chiefs’ Council 2016).
- 30.
The EU IRU acts according to the rules set out in the Europol Council Decision (which will be substituted by the Europol Regulation starting from 1 May 2017). This means that research for information is performed in compliance with Europol data processing rules and for the purpose of determining whether the information is relevant for Europol tasks. Therefore, Europol identifies terrorist and extremist online content based on its mandate. An expert evaluation of the content is performed in accordance with the principles set up in Council Framework Decision 2008/919/JHA on combating terrorism. The Council Framework Decision 2008/919/JHA on combating terrorism (amending the Council Framework Decision 2002/475/JHA) sets out a definition on what is to be considered as “public provocation to commit a terrorist offence”.
- 31.
European Union 2000. See art 12–14 of Directive 2000/31/EC, setting out a number of exemptions from liability. See also art. 42–45 that further clarify the conditions according to which service providers can benefit from the concerned exemptions. These are: “the activity of the information society service provider is limited to the technical process of operating and giving access to a communication network not having knowledge of or control over the information which is transmitted or stored” (art. 42); “the service provider is in no way involved with the information transmitted by, for example, deliberately collaborating with one of the recipients of its service in order to undertake illegal acts” (art. 43–44). It is worth highlighting that the exemptions from liability of service providers “do not affect the possibility of injunctions of different kinds” (e.g. orders by courts or administrative authorities requiring the removal of illegal information or the disabling of access to it). It should be noted that there is a growing debate among Governmental bodies and, in general, the public opinion about making social media providers responsible and liable for their users’ activities. Extending providers’ responsibility would imply a significant change in the “nature” and core activities of social media: from enabling communications to publishing content—a crucial distinction which presently means that they are not liable for trolling or abuse.
- 32.
In 2016 the EU Internet Referral Unit has taken 20,548 decisions for referral to internet service providers (82% of which resulted in removals by the companies) (Europol 2017).
- 33.
See supra paragraph 11.2.1.
- 34.
In the aftermath of the publication of the progress report regarding the level of commitment of Internet companies to the “Code of Conduct” showing disappointing results (40% of recorded cases reviewed within 24 h, 80% after 48 h with other contents not being removed at all), Vĕra Jourová, EU Commissioner for Justice, Consumers and Gender Equality, stated during an interview to the Financial Times that “If Facebook, YouTube, Twitter and Microsoft want to convince me and the ministers that the non-legislative approach can work, they will have to act quickly and make a strong effort in the coming months”, therefore casting doubts on the effectiveness of self-regulation, speculating instead on the application of a hard law approach (Beesley 2016).
- 35.
These concerns increased after the revelations made in May 2013 by Edward Snowden, a former contractor at the US National Security Agency (NSA). Snowden revealed the existence of internet and phone mass surveillance programmes that were carried out by the NSA and other intelligence agencies with the cooperation of telecommunication companies. (Greenwald Glenn et al. 2013).
- 36.
According to the June 2015 Eurobarometer survey on data protection, 81% of Europeans feel that they do not have complete control over their personal data online; 69% would like to give their explicit consent before the collection/processing of their data and only 24% of Europeans trust online platforms (including social media providers).
- 37.
Twitter has recently terminated the agreement with the US intelligence community to use Dataminr. This data mining service partially owned by Twitter (5% stake) was the only authorised one to accessing the real-time stream of public tweets. Dataminr’s software is able to detect patterns in hundreds of millions of daily tweets, traffic data, news wires and other sources and matches the data with market information and geographic coordinates to determine what information is credible. It seems that this service proved useful to detect unfolding terroristic attacks (Stewart and Maremont 2016).
- 38.
Documents from the Chicago Cook County Sheriff’s Office revealed the increasing use by law enforcement personnel of undercover online operations carried out with very little clarity both in terms of frequency and legal framework. Sometimes, the implementation of these actions has been left up to the discretion of police officers themselves and without prior ad hoc training (Joseph 2016).
- 39.
It is worth noting that the Law Decree No. 7 of 18 February 2015, converted into Law No. 43 of 17 April 2015 on Misure urgenti per il contrasto del terrorismo, anche di matrice internazionale originally foresaw a provision on remote monitoring of data stored in suspected individuals’ computers, other devices and their applications - including those related to social media accounts—by law enforcement and intelligence agencies. The provision was amended upon request from the former Italian Prime Minister, Matteo Renzi, during the parliamentary debate of the bill within the Committee on Justice at the Chamber of Deputies (Innamorati 2015).
- 40.
One recent example of thematic research on the use of social media for public security is the MEDIA4SEC project, presented by a consortium including academia, private companies and public stakeholders. It focuses on enhancing the understanding of the opportunities, challenges and ethical considerations of social media use for public security. The project began on 1 July 2016 and will run for 30 months. It is financed under the EU Horizon 2020 Research Framework Programme. More info are available on http://media4sec.eu/about)
- 41.
It is worth noting that the adoption and implementation of soft law instruments could also be seen as an approach that acknowledges the essence of the Internet and social media that are based on freedom of expression and right to participation.
- 42.
The present chapter was conceived by Dr. Matteo E. Bonfanti who elaborated and drafted all the sections it consists of. Mr. Piergiorgio Stefanucci assisted in the collection of relevant documentation, drafted the preliminary version of sections 11.2 and 11.3, as well as compiled the reference list of the present chapter. The authors would like to thank those national law enforcement officers who provided useful insight on the topic discussed by the chapter.
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Bonfanti, M.E., Stefanucci, P. (2018). Exploring the New Frontiers of Security Privatisation: Web-Based Social Networking Services and Their Challenging Contribution to Foster Security and Public Safety. In: Bures, O., Carrapico, H. (eds) Security Privatization. Springer, Cham. https://doi.org/10.1007/978-3-319-63010-6_11
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