Turning Election Anxiety into Resilience: A Guide for Nonprofits nervous about November

The Best Antidote to Anxiety is Resilience

As the upcoming election approaches, many within the nonprofit community are feeling anxious about its potential impacts on their organizations. Whether it’s concerns about cybersecurity threats, harassment of staff, or navigating new legal challenges, these anxieties are real and deserve attention. This article aims to offer guidance on how nonprofits can prepare for these potential disruptions, mitigate risks effectively and, hopefully, get some sleep. In my own experience, both personally AND professionally, the most effective antidote to anxiety is resilience. If we are confident in our resilience in the face of challenges, then there is no being defeated, there are only setbacks.

Understanding Election-Related Anxieties

Elections often bring a heightened sense of uncertainty and concern for many people, especially in a politically charged environment. For nonprofits, this can be compounded into worries about how political outcomes might affect funding, the social environment, operations, and even the safety and well-being of their staff and the vulnerable populations that are often the recipients of nonprofit services.

Naming these anxieties is the first step toward addressing them, but simply worrying without any clear actions to take is going to cause you to lose sleep without actually making your nonprofit any more resilient to the very threats you are joylessly ruminating on at 2AM.?

Think of this article as a starter’s guide to turning your November anxiety into action that can help make your nonprofit more resilient in ways that can pay dividends not just in November, but in the months and years to follow.?

Three Key Areas of Concern

Based on my work with a range of nonprofits that work in social justice, climate justice, reproductive rights and a wide range of human services, I think we can break down the areas of concern into three (3) broad categories, Cybersecurity, Doxxing/Harassment, and Legal.?

1. Cybersecurity

Cybersecurity threats are nothing new, but despite many improvements over recent years, most nonprofits are still highly? vulnerable to cybersecurity threats. These can include targeted attacks aimed at discrediting the organization, phishing scams, and data breaches, but the reality is the biggest cyber threat to nonprofits hasn’t changed in over a decade and is unlikely to change in the next decade -- it’s cyber criminals stealing your money.?

What IS changing and will continue to change is the degree to which doxxing, harassment and legal threats are inextricably linked to a nonprofit’s cybersecurity and data privacy maturity (or lack thereof).?

2. Doxxing and Harassment

Harassment and doxxing of nonprofit staff can be particularly disruptive and distressing. These tactics are often used to intimidate and undermine the work of nonprofits, causing significant operational disruptions. Many nonprofits underestimate the operational risk posed by these threats.

Understanding Doxxing and Harassment

Doxxing involves the malicious act of publicly releasing private or identifying information about an individual without their consent. This information can include home addresses, phone numbers, email addresses, and even details about family members. Once exposed, individuals are often subjected to a barrage of harassment, threats, and stalking, both online and offline. The goal of doxxing is to instill fear, disrupt lives, and hinder the individual’s ability to work effectively.

Harassment can take many forms, from persistent online trolling and abusive messages to more severe threats of violence. For nonprofit staff, who are often public-facing and engaged in controversial or high-stakes work, these attacks can be particularly intense. Harassment can lead to emotional distress, burnout, and even physical danger, significantly impacting the individual’s well-being and the overall morale of the organization.

Doxxing and Harassment are the Easiest and Lowest Skill Actions for Adversaries

Cybersecurity attacks and surveillance operations require skills and resources. Also, cybersecurity attacks are against the law in the US and unless you are operating from a country that won't extradite to the US or you are working on behalf of a nation-state, you run of the risk of actual legal consequences if you use cyber attacks as a means of disrupting a nonprofit.

Legal actions (more below) also require lawyers in most cases.

Doxxing and harassment, however, require nothing more than the will to do them. No skills required and, with a few exceptions, (even up to the increasingly common practice of SWATTING), doxxing and harassment activities are not criminal* in the US.

*Note - there have been some laws passed, but many are restricted to protecting minors and others are quite narrow, but still useful tools if applied thoughtfully (see section below on "lawfare". Pen America has a wonderful resource called the Online Harassment Field Manual that I highly recommend for any experiencing online harassment of any kind.

Operational Impact

The operational impact of doxxing and harassment on nonprofits can be severe:

Disruption of Daily Activities: Staff members may need to take time off to deal with the fallout from being doxxed or harassed, including securing their safety, addressing legal concerns, and managing emotional distress. This can lead to a decrease in productivity and disrupt daily operations.

Resource Diversion: Organizations may need to allocate additional resources to protect their staff, such as investing in security measures, hiring legal counsel, and providing emotional support services. These costs can strain already limited nonprofit budgets.

Reputational Damage: Persistent harassment campaigns can tarnish the reputation of a nonprofit, leading to a loss of trust among stakeholders, donors, and the communities they serve. This can result in decreased funding and support.

Staff Turnover: High levels of stress and fear can lead to increased staff turnover, as employees may decide to leave the organization to protect their well-being. This loss of experienced staff can further disrupt operations and hinder the nonprofit’s ability to achieve its mission.

3. Legal and Compliance Issues

Navigating the legal landscape can be challenging, especially with potential changes in laws and regulations following an election. Nonprofits must be prepared to address compliance issues and legal threats, which are likely to continue regardless of the election outcome due to the severe partisanship that is prevalent in the United States. Many nonprofits struggle to keep up with existing laws already, but with the increase of “lawfare” – or using the law as a weapon to achieve legislative and social agendas – the ability of nonprofits to navigate a shifting legal landscape with agility and skill is becoming increasingly critical.

SLAPP Suits and Lawfare

Strategic Lawsuits Against Public Participation (SLAPP) suits are a form of lawfare used to silence, intimidate, and retaliate against organizations and individuals engaged in public advocacy or criticism. These lawsuits are often without merit but aim to burden nonprofits with legal costs and discourage them from pursuing their missions. Nonprofits can be aware of the potential for SLAPP suits and prepare strategies to defend against them.

Understanding SLAPP Suits: SLAPP suits are typically filed by individuals or entities with greater financial resources against smaller organizations or individuals to suppress dissent or criticism. The primary objective is not necessarily to win the lawsuit but to tie up the nonprofit in lengthy and costly legal battles, draining their resources and diverting attention from their advocacy work.

Impact on Nonprofits: SLAPP suits can have a chilling effect on free speech and advocacy. Nonprofits may become hesitant to speak out on controversial issues or engage in public debates for fear of legal retribution. This suppression of voices can significantly hinder the ability of nonprofits to fulfill their missions and advocate for their causes.

Defending Against SLAPP Suits:

Anti-SLAPP Legislation: Some states have enacted anti-SLAPP laws designed to provide a legal mechanism to quickly dismiss frivolous lawsuits and protect the rights of individuals and organizations to participate in public discourse without fear of retribution. Nonprofits should familiarize themselves with the anti-SLAPP laws in their jurisdiction and seek legal counsel to leverage these protections.

Legal Preparedness: Develop relationships with legal experts and organizations that specialize in defending against SLAPP suits. These alliances can provide critical support and guidance when faced with such legal threats.

Lawfare and Proactive Use of the Law

Beyond defending against SLAPP suits and other legal threats, nonprofits can also engage in proactive lawfare to advance their missions. By using the law strategically, nonprofits can advocate for policy changes, defend the rights of their constituents, and hold accountable those who seek to undermine their work.

Strategic Litigation: Nonprofits can use strategic litigation to challenge unjust laws, protect civil rights, and promote social change. This involves carefully selecting cases that have the potential to set important legal precedents and create broader societal impacts.

Advocacy and Lobbying: Engaging in advocacy and lobbying efforts to influence legislation and public policy is another way nonprofits can use the law proactively. By working to shape the legal environment in which they operate, nonprofits can better protect their interests and advance their causes.

Legal Education and Training: Invest in legal education and training for staff and volunteers to enhance their understanding of the legal landscape and their ability to navigate it effectively. This includes staying informed about changes in laws and regulations, understanding their rights, and knowing how to respond to legal threats.

The legal landscape for nonprofits is complex and ever-changing, particularly in a politically charged environment. Nonprofits must be vigilant in addressing compliance issues and legal threats, including the growing use of lawfare and SLAPP suits. By developing strong legal strategies, engaging in proactive lawfare, and leveraging legal protections like anti-SLAPP laws, nonprofits can navigate these challenges with greater agility and resilience.

Risks are Interconnected

Cybersecurity, doxxing/harassment and legal risks are deeply interconnected. Strong cybersecurity measures protect personal information and reduce the likelihood of doxxing and harassment. Proper cybersecurity also limits the discoverable information a nonprofit creates and retains, reducing legal liability. The use of AI tools is further complicating this landscape, making robust cybersecurity practices essential to prevent creating or retaining excessive discoverable information.

I strongly recommend that nonprofits adopt a holistic and continuous approach to risk management. Focus on understanding and managing risks continuously rather than worrying about election outcomes that are beyond their control. By concentrating on areas where they have influence and control, nonprofits can make better use of their already overloaded resources to better prepare and mitigate the impact of these threats.

Practical Steps for Nonprofits

Threat Modeling Exercise Nonprofits can undertake a threat modeling exercise to understand their threat landscape, identify current risks, and determine actions to mitigate those risks.

Tabletop Exercise Following the threat modeling exercise, nonprofits can conduct a tabletop exercise. This involves designing one or two specific scenarios that emerged from the threat modeling exercise and running them as actual scenarios. This practice helps assess their preparedness and response capabilities, allowing them to refine their strategies for dealing with these threats.

If you are interested in having RoundTable Technology facilitate threat modeling and/or a tabletop exercise for your nonprofit, please book a time to chat with me or message me on LinkedIn - I’d be happy to discuss.?In the meantime, here are free resources for both:

Threat Modeling

Tabletop Exercises

Don't Worry, Be Active

I love Bobby McFerrin unreservedly (in fact, one of my all time favorite clips is a 3-minute wordless delight Bobby McFerrin uncorked at World Science Festival a while back. SERIOUSLY - go watch it, I'll wait).

But no one who has EVER been told to "Don't worry, be happy," has ever worried even one moment less as a result of this advice. So please, don't JUST worry. Take action. Turn worry into action and I promise you it will feel better.

As we approach the election, nonprofits can take active steps to prepare for potential disruptions. By addressing cybersecurity threats, protecting staff from harassment, and preparing to navigate legal challenges effectively, nonprofits can mitigate risks, increase resilience and continue their vital work. Preparation AND resilience are key. The most powerful way I know of to cope with anxiety is to demonstrate resilience. Bad things will happen. But if we have confidence in our resilience in the face of difficulty, then bad things are merely obstacles on the road to something better.