C.A. Goldberg, PLLC Joins Letter Urging the Department of Education to Take Action on Digital Sexual Harassment

C.A. Goldberg, PLLC joined the Sexual Violence Prevention Association (SVPA) and 36 supporting organizations on a letter urging the Department of Education to issue guidance for digital sexual harassment. Digital sexual harassment includes image-based sexual abuse (IBSA), child sexual abuse materials (CSAM) sexually explicit digital forgeries (aka “deepfake abuse”), sextortion and other forms of technology-facilitated sexual violence. The need for this guidance is detailed in the letter to the department.

The new Title IX rule goes into effect August 1, 2024. In it, sexually explicit digital forgeries are addressed. This rule, combined with existing regulations, makes it clear that Title IX covers digital sexual harassment. C.A. Goldberg, PLLC commends the Department of Education for taking this action. However, as students across the country prepare to head back to school, an overwhelming majority of administrators at K-12 schools, colleges, and universities are unsure how to identify, address, and prevent digital sexual harassment.

“For the past decade, we have seen the incredible harm that tech-facilitated sexual violence has caused our clients,” said Carrie Goldberg, Founder of C.A. Goldberg, PLLC. “Our team tirelessly advocates for stronger legislation to hold tech platforms accountable for harassment and abuse happening on their platforms. In the meantime, those on the ground working with students every day need guidance so they can better support survivors of digital sexual harassment, and guidance on how to prevent this kind of abuse in the first place.”

As stated in the letter to the Department of Education, digital sexual harassment, including sexually explicit digital forgeries, is a serious issue impacting people of all ages, including our youth. As of 2023, more than 98% of deepfakes on the internet were sexually explicit digital forgeries. There were more than 500,000 deepfakes shared online in the past year and the number of deepfakes online is doubling every six months.

In 2021, more than 29 million instances of suspected child sexual exploitation were reported. There have been cases of nonconsensual artificially generated explicit materials being made and distributed in K-12 schools across the country, including Washington, New Jersey, Florida, and Iowa. In Beverly Hills, CA, five middle school students created and shared nonconsensual AI-generated explicit content of 16 classmates.

The 37 undersigned organizations from across the country have joined this cause, including Advocates for Youth, the American Association of University Women (AAUW), the National Organization for Women (NOW), and the National Women’s Law Center (NWLC).

Omny Miranda Martone, Founder and CEO of the Sexual Violence Prevention Association (SVPA), reiterates the need for this guidance: “As a victim of nonconsensual deepfake pornography myself, I urge the Department of Education to take action and issue comprehensive, trauma-informed guidance for Title IX coordinators. This guidance will support victims and strengthen the prevention of digital sexual harassment at K-12 schools and colleges across the country.”

###

Signatures

1. Sexual Violence Prevention Association (SVPA)  ~ Letter Author
2. Advocates for Youth
3. American Association of University Women (AAUW)
4. Arkansas Coalition Against Sexual Assault (ACASA)
5. C.A. Goldberg, PLLC
6. Day One
7. End Rape On Campus (EROC)
8. Equal Rights Advocates (ERA)
9. Equality Now
10. Eyes Open International
11. GLSEN
12. Greater Boston PFLAG
13. Greater Cleveland Collaborative to End Human Trafficking
14. Harriet Tubman Movement
15. Healthy Teen Network
16. Jane Doe Inc.
17. Justice and Joy National Collaborative, formerly National Crittenton
18. Know Your IX, a project of Advocates for Youth
19. love is respect, a project of the National Domestic Violence Hotline
20. Mass NOW
21. Massachusetts Commission on Lesbian, Gay, Bisexual, Transgender, Queer and Questioning Youth
22. me too. International
23. My Image My Choice
24. #NãoPartilhes
25. National Center on Sexual Exploitation (NCOSE)
26. National Organization for Women (NOW)
27. National Organization of API Ending Sexual Violence (NAPIESV)
28. National Women’s Law Center (NWLC)
29. Network for Victim Recovery of DC (NVRDC)
30. Rape, Abuse, and Incest National Network (RAINN)
31. Reclaim Coalition
32. SIECUS: Sex Ed for Social Change
33. Stop It Now!
34. Stop Sexual Assault in Schools (SSAIS)
35. UltraViolet
36. Union for Reform Judaism
37. Women of Reform Judaism
38. Womens Digital Defender Latam