In the Media
Create Your First Project
Start adding your projects to your portfolio. Click on "Manage Projects" to get started
Victorian laws leaving victims vulnerable to dangerous surveillance technology
Date
05/05/2024
Herald Sun
Tracking of women through covert stalkerware is rampant in Victoria and new laws are needed to hold perpetrators to account, family violence experts say.
The call comes amid demands for stronger controls to be imposed on “disgraceful” spyware vendors which sell the dangerous surveillance technology to jealous and controlling men, promising to uncover the “truth” about their target for as little as $20 a month.
Security specialists who sweep the devices of women who fear they are being stalked say there’s been an explosion in the use of stalkerware by family violence perpetrators, particularly in the past six months.
These “cyber weapons” enable offenders to secretly track their victim’s every move – and are sold without oversight or restriction.
“Read their social media chats, review their texts (including deleted messages), see where they’ve been, find out who they’ve called, see what they’ve searched for (and) do it all without being detected,” one spyware website promotes.
Family violence specialists are demanding tech-enabled abusive behaviours be criminalised. Picture: Jason Edwards
Family violence specialists are demanding tech-enabled abusive behaviours be criminalised. Another company promises to “take complete control of the device, letting you know everything, no matter where you are”.
In one case this week, a Victorian woman sought help after receiving messages from her ex-partner saying he knew intimate details about her life, including what she was wearing and where she was going.
Her phone was found to be contaminated with spyware capable of remotely accessing her camera.
Tristan Wilson of Protective Group, which removes tracking devices and spyware from victims’ homes, cars and possessions, said women are often wrongly labelled as crazy when they share suspicious they are being stalked.
He says most women's’ gut feelings are correct, with stalkerware now detected by his company on a weekly basis, notably in cases where the victim and perpetrator are involved in joint court proceedings.
“When women say someone is listening to my calls, seeing my messages and knows my every move and is reiterating that back to me – some think that’s government level CIA stuff, but it’s not. It’s technology available for $20 online,” Mr Wilson said.
“A lot of victims aren’t believed and it’s put down to mental health or them going crazy.
Victorian women are increasingly being tracked through covert stalkerware, some of which allow remote access to mobile phone content.
“When we find spyware on their devices, they break down. In a way it’s awfully confronting but equally (it reinforces) a belief within themselves that they weren’t making it up or being paranoid – this was happening to them.
“It happens a lot before matters go to family court where the perpetrator hacks into the phone calendar to know what the next steps are with lawyers.”
In Victoria, there is no specific offence to punish this growing form of abuse; a known indicator of future physical or lethal violence.
Dr Chelsea Tobin, CEO of Safe Steps 24/7 Family Violence Response Centre, is among those in the family violence sector calling for immediate action to protect lives.
“This is a significant gap that must be addressed. The current laws are limited and leave victims quite vulnerable,” Dr Tobin said.
“We call for laws to be strengthened to specifically criminalise tech-enabled abusive behaviours through the establishment of clear legal prohibitions and penalties to deter perpetrators.”
Phillip Ripper, CEO of No to Violence, the peak body working with men who use violence, agreed that laws hadn’t kept pace with the modern reality of what women are experiencing.
“Spyware is definitely on the rise. It’s far more ubiquitous, readily accessible and easy to install,” Mr Ripper said.
He said many men don’t see tracking their ex or current partner’s phone as abuse.
“Men can be quite good at justifying their own behaviour to themselves. A lot of men write it off as not being a form of family violence. But for victims the torment of being tracked or stalked has a far greater psychological impact after the bruises heal.”
There are laws in place regulating data tracking by law enforcement, but not the general public.
Family Violence Command Assistant Commissioner Lauren Callaway this week conceded that perpetrators overwhelmingly do not respect intervention orders.
Stalking – a difficult offence to prosecute – and using a carriage service to harass or menace can be applied in spyware cases, but there are concerns they don’t appropriately address the crime.
Where intervention orders are in place, such offending can also be regarded as a breach.
However, Family Violence Command Assistant Commissioner Lauren Callaway this week conceded the state’s increasing number of breaches – one every 20 minutes – shows perpetrators overwhelming do not respect these orders.
Ms Callaway said “as far as the legislation goes, there is a perception things need to evolve with the technology”.
Victoria Police recorded 12,701 stalking, harassment and threatening behaviour offences last year.
However it’s widely accepted the problem is far greater, with only one in every five family violence victims coming forward to police.
Spyware vendors operate in Australia and overseas without safeguards.
Dr Tobin said these “cyber weapons” are complicit in the perpetration of violence against women and it was time they were subjected to robust regulation and enforcement.
“There needs to be stronger controls and regulations of companies who develop spyware for the purpose of stalking, monitoring or abuse,” she said, suggesting companies should implement a customer vetting process and restrict the sale of high-risk products.
Duress alarms can be worn by women to call for help and records the scene in dangerous situations.
Mr Ripper said spyware companies were “disgraceful and should be stopped”.
“No one should be expressly selling something to aid in abuse or family violence,” he said.
Stephen Wilson, of Protective Group, has helped protect an estimated 30, triple-0 women over the course of his career.
He’s removed thousands of hidden cameras and listening and tracking devices from their homes, cars, children’s toys and bedrooms.
Recently he helped a woman receiving disturbing pictures from her ex of herself asleep in bed.
“I see you’re still wearing the pyjamas I got you for our anniversary,” the man said.
Mr Wilson said the man was coming through the roof so he secured the manhole.
“She said to me, when I was with him, he was too scared to get a parking ticket but not now that I’m not his possession anymore. He doesn’t care how many times he’s done for breaching his IVO.”
Mr Wilson often loses sleep wondering how to solve the issue killing one woman every four days in Australia, and seriously injuring tens of thousands more.
He doesn’t know the answer but says “until we can solve this, we need to do what we can to keep people safe”.
Protective Group are proud to have worked with
NSW Government are a client of Protective Group
Go to linkBenevolent Society are a client of Protective Group
Go to linkVictoria Police engages Protective Group The Orange Door
Go to link