Page 24 - Delaware Lawyer - Spring 2023

FEATURE | ARTIFICIAL INTELLIGENCE
use the chatbot technology to create conversations purported to have been from the victim. With time, nominal cost, research and imagination using a sample voice or photo, an abuser can create false content that can be detrimental to a victim.
Chatbots can also create computer codes that transmit malware such as key-logging software to a victim’s com- puter, cell phone or other devices. This malware can track a victim’s move- ments in person and online to facilitate stalking, cyberstalking and cyberbully- ing. The malware can also hack a vic- tim’s device to control their account access — such as banking, security or social media accounts — by monitoring their computer keystrokes.
Deepfakes consisting of both audio and visual content can do severe damage to a victim’s reputation; manufacture mental health issues; damage family relations, i.e., tarnish or sever the support system; create financial hard- ship through job loss or difficulties at work or school; and threaten security by disrupting privacy. The abuser can create conversations in the victim’s voice to undermine their case, their description of the abuse, their support system, their reputation and online presence. The possibilities are endless with a highly motivated abuser.
It is important to recognize how technology, whether is it spoofing applications, tracking applications, malware, key-logging software or deepfakes, can be used to harass and control victims of domestic violence through their cell phone, computer and/or smart devic- es. With knowledge, practitioners can advise their clients regarding the evidence needed to meet their burden of proof in court that a per- petrator of domestic violence is using technology to exert power and control over the victim — thereby continuing the abuse.
In the hands of bad actors, AI tools can manipulate victims by disseminating disinformation through created content that highlights victims in a negative light.
22 DELAWARE LAWYER SPRING 2023
NOTES
1. Womenslaw.org – National Network
to End Domestic Violence. https://www. womenslaw.org/about-abuse/forms-abuse, 2008-2023. Accessed May 2, 2023.
2. Womenslaw.org – National Network
to End Domestic Violence. https://www. womenslaw.org/about-abuse/forms-abuse/ domestic-violencedating-violence. July 9, 2019.
3. Id.
4. Id.
5. Id.
6. Id.
7. Id.
8. Centers for Disease Control and Pre- vention, Content Source: National Center for Injury Prevention and Control, Divi-
sion of Violence Prevention. https://www. cdc.gov/violencePrevention/index.html, October 9, 2021.
9. 18 USC § 2261A(2).
10. Stopbullying.gov. https://www.stop- bullying.gov/cyberbullying/what-is-it. U.S. Department of Health and Human Services. Form Approved OMB# 0990- 0379 Exp. Date 8/31/2023.
11. Womenslaw.org. Litigation Abuse | WomensLaw.org. https://www.wom- enslaw.org/about-abuse/forms-abuse/ litigation-abuse. March 24, 2022.
12. Centers for Disease Control and Pre- vention, Content Source: National Center for Injury Prevention and Control, Divi- sion of Violence Prevention. https://www. cdc.gov/violencePrevention/index.html, October 9, 2021.
13. Id. Fast Facts: Preventing In-