Social Media Policy for Law Enforcement

Social Media use by law enforcement should be controlled, deliberate, and sensitive to the perceptions of the public. Public affairs campaigns through social media help build trust between law enforcement and the public as well as support operations in community policing. Social media content from organizations and the public provides valuable intelligence to support investigations and keep communities safe. However, law enforcement has also been known to abuse social media through harassment, abuse of open-source intelligence methods, and inappropriate or illegal targeting of citizens, protected classes, and convicted criminals. While there are no legal or regulatory frameworks for guiding the use of social media by government and law enforcement, there is an opportunity to develop robust social media policies for criminal justice organizations to abide by that will ensure the continuity of proper use of social media for communication and investigative purposes (Congressional Research Service, 2022). ?From a Christian perspective, worldly authorities are to obey dictates and govern in the spirit and likeness of God, lest wickedness lead to poor leadership and an unruly society. Thorough social media policies with clear guidelines for correction in the event of abuse are necessary to correct the course of law enforcement’s use of social media.

Law Enforcement Abuse of Social Media

There are concerns about law enforcement’s use of social media, particularly as it related to intelligence gathering (Congressional Research Service, 2022). Questions of law enforcement’s use of social media include to what extent law enforcement is monitoring social media for intelligence, how such information is used, whether intelligence gathering violates First Amendment protected activities and disproportionate negative effects on individuals or communities. In the wake of the killing of George Floyd, a report discovered the Minneapolis police covert or fake social media accounts to monitor Black individuals and groups though they had no viable reason for targeting the group (Karnowski, 2022). According to the report released by the Minnesota Department of Human Rights, the Federal Bureau of Investigation (FBI) and other law enforcement agencies have surveilled prominent personalities and minority communities, often illegally. Minneapolis officers used social engineering tactics including friend requests, comments, private messaging, and discussion forums to surveil targets during 2010-2020. The content posted would inform the target that there was a previous mutual meeting at a protest or rally in the past. The report did not yield enough evidence for criminal charges but laid a foundation to build a case in the future.

There are numerous other detrimental uses of social media by police officers including revealing sensitive information, sexually explicit communications, sharing or posting defamatory material, posting content that is defamatory or offensive to protected classes, and the impeachment of police witnesses (International Association of Chiefs of Police, 2010). For example, law enforcement in Mobile, Alabama used social media to cyberbully convicted offenders such as Jordan Scott Brown by posting Scott as Mobile’s “thug of the week” and six weeks later posting Brown’s mugshot on a “thug tree,” publicly humiliating Brown and other offenders who entered Mobile County Jail (Corrigan, 2020). While this approach can be seen as a way to keep the public informed and use public shunning to deter further criminal behavior, bullying and humiliation have proven to not reduce recidivism, which is the goal of structured and ethical corrections.

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Organizational Use of Social Media

Law enforcement uses social media to support efforts in public relations and community policing (Congressional Research Service, 2022). For example, local law enforcement in Orange County, New York partners with news and community organizations to draw support for the police and provide updates on community events (Middletown Police Department, 2023). On November 16, the Enlarged City School District of Middletown (2023) shared a Facebook hold-in-place bulletin during a disturbance in Middletown High School’s cafeteria. The Superintendent implemented staggered dismissal to maintain security and order at the end of the school day. Middletown Police Department (2023) shared a direct post stating that officers were on the scene with the scene under control and shared the school district’s bulletin on its Facebook page to keep the community informed. The ability to leverage widely used technologies to communicate with the public lends an opportunity to build public trust in law enforcement through direct connection.

Social media intelligence (SOCMINT) is used by law enforcement and the wider intelligence community to support investigations (Congressional Research Service, 2023). During the George Floyd protests in May 2020, FBI agents monitored social media activity to predict and track “imminent acts of violence.” Child exploitation and sexual abuse content is tracked on social media as well. Publicly available information is found the publicly posted social media content, and some content is restricted through privacy settings. During open-source intelligence (OSINT) and SOCMINT investigations, research accounts called sock puppets are used to monitor and track content that may not be easily accessed in the public domain (Kim, 2023).

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Law Enforcement Best Practices for the Regulation Officer Social Media Activity

There is no legislative framework governing the use of social media by social media; however, the President’s Task Force on 21st Century Policing along with other Department of Justice (DOJ) research collaborations have recommended that law enforcement agencies develop social media policies (Congressional Research Service, 2022). Goals for the policies should include social media use being in accordance with relevant laws, regulations, and agency policies; defining when social media use is permitted; specifying authority to use social media data and intelligence; evaluating social media content for reliability and validity; specifying documentation, storage, and retention requirements; guidelines for off-duty use of social media concerning official work as well as the use of personal equipment used for authorized purposes; and developing guidelines for disseminating criminal intelligence and investigative products. Beshear et. al (2019) discovered that the public desired two-way asynchronous and synchronous interpersonal communication capabilities in social media access.

The Town of Goshen in Orange County, New York has a standard social media policy that was developed as technology emerged and became commonplace (A. Faust, personal communication, December 7, 2023). As Goshen is a small town, abuse of social media is not a big issue. There is a code of honor and trust within the Town of Goshen police department that governs the overall conduct of police officers. Some policy standards include no inflammatory content, and personal and political views are to be shared only on personal pages as long as said views are tactful and non-derogatory. The Town of Goshen does not have an established social media presence, and the policies center around police officer use of social media on and off duty. Sgt. Allen Faust explained that due to the First Amendment, discipline of officer uses or misuse of social media is difficult; however, the code of honor and trust mitigates against abuse that would lead to disciplinary measures being taken.

Sample Departmental Policy

Introduction

Law enforcement has multiple uses for social media including community engagement, public alerts, community policing, and intelligence gathering for investigations (Congressional Research Service, 2022). Effective use of social media supports strategic communications campaigns that build trust between the community and law enforcement. Thus, the following social media guidelines and policies must be strictly followed to deliver impactful public affairs efforts and achieve agency goals.

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Definitions

·?? Social media: Websites and applications that facilitate internet-based communication and information sharing on desktop and mobile devices (Cambridge University Press, 2023).

·?? Privacy: Assessment by the individual of the level of access in interaction and relationship with people, companies, and institutions; the availability of mechanisms of control in interpersonal communication, trust, and norms; and active control of interpersonal communication (Trepte, 2021).

·?? Abuse: Inappropriate online behavior that targets an individual, organization, or group of people including flaming, trolling, and cyberbullying (Sambaraju & McVittie, 2020).

·?? Discipline: Administrative actions taken to reprimand officers or personnel who use personal or official social media channels for nefarious purposes or engage in abusive behavior on personal or official social media. Actions taken can include administrative leave, suspension, probation, and termination.

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Purpose

This policy is intended to make an employee aware of his or her privacy rights and prohibited conduct concerning an employee’s actions and its impact on the Employer when using social media sites on and off duty. This policy is also intended to ensure efficient use of employee time and minimize distractions from an employee’s assigned tasks and duties. It will allow the Employer to ensure that Employer rules are followed, and all employees are treated fair and consistently (Center for Local Government, 2020).

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Scope

All employees will be subject to and held accountable for any conduct outlined in Social Media Policy. This policy works in conjunction with other related personnel policies and procedures (e.g. harassment)” (Center for Local Government, 2020).

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Official Use of Social Media

Department leadership, human resources, and public affairs representatives are considered authorized users of department social media channels. Only authorized personnel are allowed to use social media on behalf of the department. Abusive behaviors such as cyberbullying, flaming, and trolling are strictly prohibited. All communications should reflect the spirit and integrity of the department. Only images approved by public affairs may be posted on official social media channels.

·?? Investigations: The department may use social media to conduct investigations such as missing or wanted persons and web-based crimes including cyber-stalking and cyberbullying, or to discover photos and videos that may document a crime or provide evidence to help prosecute a case (International Association of Chiefs of Police, 2019). Research accounts or sock puppets should be logged and approved by department leadership and solely used for covert tracking and monitoring of accounts and content of concern to an investigation. All data collected should be stored on department-approved, secure databases and protected with two-factor authentication to gain access. Any social engineering operations leveraged during an investigation must be approved by department leadership and logged and tracked for internal transparency, compliance, and professional development.

·?? Community Outreach and Information: The department may use social media to enhance community policing initiatives by promoting better communication, offering greater access to information, fostering transparency, promoting accountability, encouraging wider participation, and facilitating collaborative problem-solving.

·?? Notifications: Social media may be used for time-sensitive notifications including road closures, special events, weather conditions, missing or endangered persons, and active shooter events

·?? Media: Social media may be used to inform the media and the public of critical incidents, promoting the distribution of accurate information and mitigating the spread of misinformation and disinformation.

·?? Recruitment and Employment: Social media may be used to attract, engage, and inform potential applicants about job fairs, new positions available, and general information about pursuing and building a career in law enforcement.

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Personal Uses

·?? On-duty Conduct: On-duty social media conduct should reflect and adhere to standards outlined in the Official Use of Social Media section. These policies apply 24 hours, 7 days per week while the officer is on duty.

·?? Off Duty Conduct:

o?? Privacy: Personal social media content will not be monitored to protect the privacy of officers. However, good conduct is expected on social media. Any harmful social media content produced and posted by officers that is brought to the attention of the department will be investigated and the offending officer will be reprimanded and given disciplinary recourse accordingly.

o?? Posts in Uniform: Posts in uniform are prohibited unless posted with the approval of the Public Information Officer or Public Affairs office.

o?? Work Related Content: To protect the integrity of the department and the sensitive nature of its strategic communications initiatives, posts in relation to employment with Goshen Police Department are prohibited on personal social media pages. Celebrations of promotions or department special events are allowed on a case-by-case basis with the prior approval of the Public Information Officer or Public Affairs Office.

o?? Unlawful Behavior and Mis- or Disinformation: Social media posts including unlawful behavior, sharing mis- and disinformation, and the unauthorized sharing of content related to the workplace or government officials, or obscene content related to one’s employment are strictly prohibited and occurrences will be thoroughly investigated, removed, and met with reprimand and disciplinary actions leading up to termination.

o?? Disclaimer of Personal Opinions and not Representing the Government: All personal and professional social media pages must include a disclaimer that views and perspectives are that of the officer and not reflective of Goshen Police Department, the State of New York, or the United States Government.

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Disciplinary measures for misconduct

All employees of the Goshen Police Department are expected to adhere to the above Social Media policies in tandem with all comprehensive communications and technological policies.

Employees found to have violated any part of this policy may be subject to discipline up to and including termination. (Center for Local Government, 2020).

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Remember: What is posted on the internet stays on the internet forever, use discernment!

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Conclusion

Proverbs 10:11 states, “The mouth of a righteous man is a well of life: but violence covereth the mouth of the wicked,” (Authorized King James Bible, 1769/1954, Proverbs 10:11) Criminal justice professionals should always take pains to examine what narratives are being strategized, what mediums of communication are being utilized to deliver messaging, and how the public will digest and respond to messaging from the highest worldly authority – the government. Law enforcement should be particularly aware of the influence they inherently have over the public and publish as well as manage content carefully, but these assumptions are not always implemented or taken as common sense. Law enforcement professionals are prone to vice and the fallibility of human nature just as common civilians. “The diseased have ye not strengthened, neither have ye healed that which was sick, neither have ye bound up that which was broken, neither have ye brought again that which was driven away, neither have ye sought that which was lost; but with force and with cruelty have ye ruled them,” (Authorized King James Bible, 1769/1954, Ezekiel 34:4). The abuse of power in social media communications and investigations can be managed with internal policies; however, legal standards and regulations must be lobbied for and codified for a more robust set of standards for law enforcement’s use of social media.

References

Beshears, M. L., Beshears, M. L., & Bond, M. A. (2019, August 13). Improving Police Social Media Use Practices. International Journal of Social Science Studies. https://doi.org/10.11114/ijsss.v7i5.4449

Cambridge University Press. (2023, December 13). social media. Retrieved December 15, 2023, from https://dictionary.cambridge.org/us/dictionary/english/social-media

Center for Local Government. (2020). Social Media Policy Examples. Retrieved November 20, 2023, from https://c4lg.org/wp-content/uploads/2020/09/Social-Media-Policy-Examples.pdf

Congressional Research Service. (2022). Law Enforcement and Technology: Using Social Media. Federation of American Scientists. Retrieved November 19, 2023, from https://sgp.fas.org/crs/misc/R47008.pdf

Corrigan, H. (2021, April 24). ‘Basically Cyberbullying’: How Cops Abuse Social Media to Publicly Humiliate. The Appeal. https://theappeal.org/basically-cyberbullying-how-cops-abuse-social-media-to-publicly-humiliate/

Enlarged City School District of Middletown. (2023, November 16). Hold in Place Announcement. Retrieved November 19, 2023, from https://www.facebook.com/photo/?fbid=737279985082506&set=pcb.737280001749171

Faust, Allen (Town of Goshen Police Chief). Phone number: Phone: 845-294-9555. Email: [email protected].

International Association of Chiefs of Police. (2019). Concepts and Issues Paper: Social Media. IACP Law and Policy Center. Retrieved December 15, 2023, from https://www.theiacp.org/sites/default/files/2019-05/Social%20Media%20Paper%20-%202019.pdf

Karnowski, S. (2022, May 2). Report calls out abuse of social media by Minneapolis police | AP News. AP News. https://apnews.com/article/death-of-george-floyd-police-minnesota-minneapolis-social-media-f6ce6422d81d365daddaa650b43243cc

Kim, A. (2023, November 16). Sock Puppets in OSINT | SANS Institute. https://www.sans.org/blog/what-are-sock-puppets-in-osint/

Middletown Police Department. (2023). Middletown Police - NY. Facebook. Retrieved November 19, 2023, from https://www.facebook.com/middletownpolice

Sambaraju, R., & McVittie, C. (2020). Examining abuse in online media. Social and Personality Psychology Compass, 14(3), n/a. https://doi.org/10.1111/spc3.12521

The Holy Bible, The Authorized King James Version (Light of the World Edition). (1954). The World Publishing Company.

Trepte, S. (2021). The Social Media Privacy Model: Privacy and Communication in the Light of Social Media Affordances. Communication Theory, 31(4), 549–570. https://doi.org/10.1093/ct/qtz035