Cyber Crime: Weaponizing Social Media

I. Introduction: “Social Media Is Powerful: “For Good & For Bad”

It has created new, highly accessible channels for spreading disinformation, sowing divisiveness, and contributing to real-world harm in the form of violence, persecution and exploitation. Social media platforms have proven to be a frighteningly efficient means of spreading/propagating disinformation and sowing division. This innovation has become an urgent problem for which experts are prescribing technological, political and human remedies.

Without dropping a bomb or firing a shot, nations can inflict enormous damage on each other through cyberwarfare. But, even without hacking a power plant or weapons system, malicious actors can undermine trust in institutions and create an atmosphere of contempt, distrust and even violence among citizens. 2016 US Presidential election brought this new threat into the public consciousness, with Russia using Facebook and Twitter, as both frontlines and weapons in a new kind of information warfare.

However, depending on the activities of the organization, it can be a crime to establish or operate a social media troll networks or farms (organization or army).  The legality depends on the methods used and the impact of their actions.

Moreover, not every troll is the same, but there are some consistent behaviors and tactics they employ, the most common of which are as follows:

1. Amplification through Social Media: Trolls use social media platforms to spread their messages, often creating multiple accounts or using automated bots to amplify their content. By generating likes, shares and comments, trolls can manipulate platform algorithms to make their content more visible and reach a wider audience.
2. Hashtag Hijacking: Trolls monitor trending hashtags or create their own to spread disinformation or harass targeted individuals. This allows them to insert their messages into popular conversations and gain more exposure.
3. Emotional Manipulation: Trolls often use emotionally charged language and provocative content to elicit strong reactions from users. Rage farming is very common.
4. Astroturfing: Trolls create the illusion of grassroots support for a cause, idea, or narrative by coordinating a large number of fake accounts. This tactic can make their disinformation campaigns appear more credible and create an aura of popular support.
5. Targeting Influential Individuals: Trolls may target celebrities, politicians, or high-profile individuals to capitalize on their followings and gain more attention.
6. Creating and Spreading Meme: Trolls use humorous or provocative memes to spread disinformation or offensive content. Memes can quickly go viral and reach large audiences.
7. Deepfakes & Manipulated Media: Trolls can use advanced technology to create fake videos, images, or audio recordings to spread disinformation, discredit individuals, or fuel conspiracy theories.
8. Exploiting Existing Divisions: Trolls often exploit social divisions, such as political, religious, or cultural differences, to increase discord and polarize online discussions.

II. Potential Legal Violations: “Harassment, Defamation, Disinformation, Hate Speech, Incitement, Fraud, Impersonation, Hacking, Conspiracy & Racketeering”

1. Harassment and Cyberbullying: Coordinated attacks to intimidate or harass individuals can violate anti-harassment and cyberbullying laws.
2. Defamation and False Information: Spreading false information to harm someone’s reputation may lead to defamation lawsuits.
3. Election Interference & Disinformation: Influencing political processes through coordinated disinformation campaigns can violate election laws or national security regulations.
4. Hate Speech and Incitement to Violence: Promoting hate speech, discrimination, or violence may breach hate crime laws or laws against incitement.
5. Fraud and Impersonation: Creating fake accounts or pretending to be someone else might violate fraud or identity theft laws.
6. Unauthorized Access or Hacking: Using bots or hacking techniques to amplify content or attack platforms could breach Cyber Crime Laws (like the Computer Fraud and Abuse Act in the US).
7. Conspiracy or Racketeering: Coordinated trolling efforts with criminal intent could trigger conspiracy or even RICO statutes (if part of a larger criminal enterprise).

Real-World Examples:

• Russia’s Internet Research Agency faced sanctions for social media interference in US elections.
• Countries like Germany & EU have enacted strict Digital Platform Regulations to counter organized trolling and hate speech.
• Türkiye: According to Article 217/A of the Turkish Penal Code titled “Crime of Publicly Spreading Misleading Information”; if disinformation constitutes a crime, legal and criminal liability may come to the fore. However, monitoring and punishing information that is contrary to the truth carries the risk of censorship and State Control of Opinion. Therefore, such provisions must be made carefully! The moral element of the offence requires that the perpetrator acts solely for the purpose of causing anxiety, fear or panic among the public. Sharing Fake News, Making Fake News; “The crime of publicly spreading misleading information to the public” provides for a prison sentence of 1 (one) to 3 (three) years.
  
  If the perpetrator commits this offence by concealing his or her true identity or within the framework of the activities of an organization, he or she shall be sentenced to imprisonment from 1 (one) year and 6 months to 4 (four) years and 6 months.
  
  However, this crime is peculiar in that it is punishable only by imprisonment; other crimes against public order are also punishable by a fine.
  
  Moreover, in order to ensure consistency with the Supreme Court’s jurisprudence in the application of the offence of publicly disseminating misleading information, Article 30 of Law numbered 7418 (Amendments to the Media Law & Certain Laws” introduced the possibility of monitoring and ensuring consistency after the appeal process.

III. Social Media Troll Networks: “Legal Frameworks-Cyber Crime”

1. EU Digital Services Act (DSA):
   1. Requires platforms to remove illegal content and disinformation.
   2. Holds platforms accountable for algorithmic amplification of harmful content.
   3. Imposes massive fines for non-compliance (up to 6% of global revenue).
2. Computer Fraud and Abuse Act (CFAA):
   1. Criminalizes hacking and unauthorized access to systems.
   2. Could apply to bot networks or coordinated disinformation campaigns.
3. Foreign Agents Registration Act (FARA):
   1. Requires disclosure of foreign influence campaigns.
   2. Troll farms acting on behalf of foreign states may face legal action under this law.
4. Other National Laws:
   1. Germany: NetzDG law mandates content takedowns within 24 hours.
   2. UK: Online Safety Bill holds platforms responsible for harmful content.
   3. France: Avia Law tackles hate speech and online harassment.
   4. Türkiye: Penal Code & Law 7418 hold perpetrator(s) responsible for harmful content.

IV. International Law & Accountability: “Troll Networks & Cyberwarfare”

1. Human Rights Violations: Article 19, ICCPR (Free Expression): Speech protections do not cover hate speech or incitement to violence. States can prosecute trolls inciting harm.
2. State Responsibility & Hybrid Warfare:
   1. Tallinn Manual (CyberWarfare): Governments sponsoring troll armies could be held liable for digital warfare or information attacks.
   2. UN Charter (Article 2.4): Disinformation campaigns could violate sovereignty, if used to destabilize other nations.
3. Global Cooperation:
   1. Budapest Convention on Cyber Crime: Encourages international collaboration to investigate and prosecute Cross-Border Troll operations.
   2. Interpol & Europol: Can coordinate actions against Criminal Troll Networks involved in harassment, election interference, or fraud.

V. Conclusion: Vision For the Future; “Truth & Accountability”

Holding Troll organizations accountable requires a mix of:

• Stronger Platform Regulation (e.g. mandatory content moderation) should be established and included in the “Global Framework to Combat Social Media Troll Networks & Digital Disinformation.”
• Cross-Border Cooperation for investigations.
• Public Education to resist online manipulation.

By uniting international law, technology regulation, and global cooperation, we can build a safer digital space where public discourse is free from manipulation.

Truth and accountability must be the pillars of our online world, and this framework lays the groundwork for a resilient, democratic information ecosystem.