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TABLE OF CONTENTS
CONTENTS
TABLE OF CONTENTS
44
10 CE ARTICLES
04
THE FORENSIC EXAMINER速 Winter 2011
10
DOMESTIC TERRORISM, CYBERRADICALIZATION, AND U.S. COLLEGE STUDENTS By Maria Wright, PhD, CHS-V
32
THE MOCK TRIAL JOURNEY: An Assessment By Thomas E. Baker, MS, MEd, MS
WWW.ACFEI.COM • (800) 592-1399
VOLUME 20 • NUMBER 3 •WINTER 2011
FEATURES
32
IN THIS ISSUE
24
08 54
ACFEI NEWS
56 74 75 80 85 86 89
ES-21 LAS VEGAS
PROFILE— KENT KIEHL: Peering Inside the Psychopath’s Mind
66
FICTION— Death of a Violinist
79
FALSELY ACCUSED— Johnny Pinchback Freed After 27 Years
82
COLD CASE EXAMINER— Caledon Ontario
84
THE DETECTIVE’S CORNER— Lock Down
INTERNET DEFAMATION: Defending Your Name By Joshua K. Roberts
44
IPREDATOR By Michael Nuccitelli, PsyD, CFC
60
CLINICAL DETECTION AND IMAGING OF CONTUSIONS IN SUSPECTED PHYSICAL ABUSE By Eugene R. Bertolli, OD, Clifford D. Brown, OD, MPH, CAPT, PHS, Dominic R. Pannone, OD, and Thaddeus W. Bartles, OD
76
GUILTY UNTIL PROVEN INNOCENT: How the Center on Wrongful Convictions exonerates the wrongly convicted By Katherine Ramsland, PhD, CMI-V
60
EXECUTIVE SUMMIT WRAP-UP
NEW MEMBERS LOGO PRODUCTS MEMBER SPOTLIGHT PRODUCT REVIEWS BOOK REVIEWS
TABLE OF CONTENTS
COLUMNS
19
CE TEST PAGES
76
nternet defamation
19
Defending Your Name Winter 2011 THE FORENSIC EXAMINER®
05
BOARDS
BOARDS
2011 EDITORIAL ADVISORY BOARD Nicholas G. Apostolou, DBA, DABFA, CPA, Cr.FA Donna Bader, MA, MSN, CFN, DACFEI Larry Barksdale, BS, MA E. Robert Bertolli, OD, FACFEI, CHS-V, CMI-V Kenneth E. Blackstone, BA, MS, CFC, DABFE David T. Boyd, DBA, CPA, Cr.FA, CMA Jules Brayman, CPA, CVA, DABFA, FACFEI John Brick, PhD, MA, DABFM, FACFEI Dennis L. Caputo, MS, DABFET, CHMM, FACFEI Dennis H. Chevalier, BS, MSM, DM, CMI David F. Ciampi, PhD, FACFEI, DABPS Andrew N. Dentino, MD, FACFEI, DABFE, DABFM James A. DiGabriele, PhD/DPS, CPA, Cr.FA, FACFEI John Shelby DuPont Jr., DDS, DABFD Per Freitag, PhD, MD, FACFEI, DABFM L. Sue Gabriel, MSN, MFS, EdD, RN Ron Grassi, DC, FACFEI, DABFM, DABFE Richard C. W. Hall, MD, FACFEI, DABFM, DABFE John J. Haberströh, DC, CFC, CMI-V, FACFEI Raymond F. Hanbury, PhD, ABPP, FACFEI, DABFE David L. Holmes, EdD, FACFEI, DABFE, DABPS Leo L. Holzenthal Jr., PE, DABFET, FACFEI Linda Hopkins, PhD, CFC, DABPS, DABRE Matthew Howard, PhD Edward J. Hyman, PhD Zafar M. Iqbal, PhD Nursine S. Jackson, MSN, RN, DABFN Robert S. Kassoff, PhD, DABPS, DACFM, DABFE Philip Kaushall, PhD, DABFE, DABPS, FACFEI Eric Kreuter, PhD, CPA, DABFA, FACFEI Ronald G. Lanfranchi, DC, PhD, CMI-IV, FACFEI Richard Levenson, Jr., PsyD, DABFE, DABPS, FACFEI Monique Levermore, PhD, FACFEI, DABPS Jonathan Lipman, PhD, FACFEI, DABFE, DABPS Judith Logue, PhD, FACFEI, DABFSW, DABPS Mike Meacham, PhD, LCSW, DABFSW, FACFEI David Miller, DDS, FACFEI, DABFE, DABFD
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THE FORENSIC EXAMINER® Winter 2011
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ACFEI EXECUTIVE ADVISORY BOARDS American Board of Forensic Accounting
Robert K. Kochan, BS, FACFEI, DABFET, DABFE J.W. “Bill” Petrelli Jr., DABFET, CFC, AIA, FACFEI Max L. Porter, PhD, DABFET, CFC, FACFEI
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THE FORENSIC EXAMINER® Winter 2011
The Legal Advisory Board is seeking board members who have a JD degree from an accredited law school and a current, valid license to practice law. Send your resumes/curriculum vitae to candice@acfei.com to apply for a board position. COLD CASE SUBMISSIONS The Examiner is seeking to receive cold case submissions involving our members from around the world; the “Cold Case Examiner” will be a one-page article sent in by the readers providing a summary of the case. For a first-look at this new feature, turn to page 82 of this issue to read a cold case submission from member Jennifer Paddon. To have your cold case featured, please e-mail your one-page article via a Word document and include any photos, evidence, or supplemental details to editor@acfei.com. GET YOUR PICTURE DISPLAYED IN THE FORENSIC EXAMINER®! Members—send the Examiner pictures of yourself holding a copy of the Examiner on vacation or business travels! Take a copy of the journal and your camera with you on your travels—we want to see your pictures. Email your high-resolution photos to editor@acfei. com, or mail to Forensic Traveler, 2750 E. Sunshine, Springfield, MO 65804. ACFEI member Mark Abramson displays The Forensic Examiner® in front of the United States Capitol building in Washington, D.C.
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CE ARTICLE: 1 CE CREDIT
Domestic Terrorism, Cyber-Radicalization,
&
U.S. College Students
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By Marie Wright, Ph.D., CHS-V Introduction The terrorist threat to the United States is changing. Since 9/11, there has been a shift in the operational terrorist threat from core al-Qaeda to smaller cells, such as Lashkar-eTaiba (LeT) in Pakistan and al-Qaeda in the Arabian Peninsula (AQAP) (Straw, 2010), and there has been an increase in domestic terrorism inspired by militant Islamist ideology. What motivates individuals, particularly those born or living in the United States, to carry out autonomous jihad (holy war) is the Global Salafi Jihad ideology (Sageman, 2003; Silber & Bhatt, 2007). This ideology, which was first decreed by Usama bin Laden in his 1998 fatwa (interpretation of Islamic law), is a violent Sunni revivalist adaptation of Salafi Islam. Salafi Islam calls for the creation of a Muslim state that is governed by sharia, or strict Islamic law (Sageman, 2003). It promotes a literal interpretation of the Qur’an, and its goal is to establish a “pure” society that adheres to the social practices that existed in Arabia during the seventh century (Silber & Bhatt, 2007). Salafists believe that only a recreation of the practices of the devout ancestors will return Islam to the dominant religious force it was centuries ago (Sageman, 2003). The Global Salafi Jihad ideology calls for a worldwide, violent overthrow of all societies that are not committed to this philosophy.
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Abstract Since 9/11, there has been an increase in domestic terrorism inspired by the Global Salafi Jihad ideology. Some of the individuals who undergo radicalization are U.S. college and university students. Radicalization is promoted on the Internet in ways that appeal to the young and impact those who are searching for their identities and places in life. Radicalization is complemented by the open environment of higher education, where college- and university-based organizations can become forums for the presentation of radical messages in a way that connects with the students. This article describes the four-stage radicalization process, explains why students are particularly vulnerable, and offers suggestions for implementing an effective response.
It imposes an individual obligation on all Muslims to fight and defeat the “far enemy,” specifically Americans (Sageman, 2003). Becoming radicalized to the Global Salafi Jihad ideology is an evolutionary process. Prior to 9/11, this process often took years; however, within the past decade, the pace of radicalization has accelerated (Silber & Bhatt, 2007), and the gap between thought and action has narrowed (Straw, 2010). What once took years could take just a few months today. Its participants are continuing to get younger, too. Between the two time periods of 2001-
2005 and 2006-2009, the average age of terrorist group leaders decreased from 32 to 30; the average age of terrorist group members decreased from 27 to 23; and the average age of “lone wolves” (self-radicalized Islamist extremists who are not affiliated with any particular group) decreased from 30 to 23 (Straw, 2010). The radicalization process begins when an individual is exposed to, and begins to explore, a militant Islamist ideology (United States Senate Committee on Homeland Security and Governmental Affairs, 2008).
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▼ Four members of Islamic Jihad show off their weapons during an interview in Gaza City, MCT PHOTO
Stage 1: Pre-Radicalization This is the starting point for individuals before they are exposed to the ideology of Global Salafi Jihad. These individuals, who are primarily male Muslims between the ages of 15 and 35, are impressionable and are searching for their purposes in life. During this stage, it is difficult to determine whether an individual is becoming radicalized because the events are indiscriminate, and the indicators are subtle or
non-existent (FBI Counterterrorism Division, 2006; Silber & Bhatt, 2007). Stage 2: Self-Identification This stage often begins with a crisis that challenges an individual’s previously held beliefs. The individual is at a crossroads, possibly coping with the loneliness of social alienation, the loss of a job, or the death of a family member. During this time, the individual begins to explore the tenets of Salafi Islam, gradually moves away from his former life, and establishes connections with other like-minded individuals (Silber & Bhatt, 2007). The journey begins online, where anyone can instantly locate a plethora of militant Islamist websites, violent video games, online forums filled with radical anti-Western rhetoric, and propaganda-filled audio and
video messages from extremist Islamic leaders. The Internet is the individual’s primary source of information about Salafi Islam, and it provides a portal that connects him to others who are searching for answers (United States Senate Committee on Homeland Security and Governmental Affairs, 2008). 4 stage radicalization process
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Stages of radicalization Both the FBI and the New York City Police Department have identified a four-stage radicalization process through which ordinary individuals can be enticed to adopt a violent Islamist extremist mindset (FBI Counterterrorism Division, 2006; Silber & Bhatt, 2007).
1. PRE-RADICALIZATION 2. SELF-IDENTIFICATION 3. INDOCTRINATION 4. JIHADIZATION
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EARN CONTINUING EDUCATION CREDITS TAKE THE CE TEST FOR THIS ARTICLE ON PAGE 89
This article is approved by the following for continuing education credit:
(ACFEI) The American College of Forensic Examiners International provides this continuing education credit for Diplomates and certified members.
After studying this article, participants should be better able to do the following:
1. Describe the characteristics of the four-stage radicalization process. 2. Explain why U.S. college and university students are the preferred demographic for radicalization by Islamic extremists. 3. Identify options for addressing the increasing threat of domestic terrorism on our college and university campuses.
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KEY WORDS: Domestic terrorism, Global Salafi Jihad, Jihadist, radicalization, Salafi Islam TARGET AUDIENCE: Professionals working in cyber security, public safety and security, intelligence, critical infrastructure protection, and education PROGRAM LEVEL: Basic DISCLOSURE: The author has nothing to disclose. PREREQUISITES: None
The individual also begins to attend a Salafi mosque on a regular basis (Silber & Bhatt, 2007) and he seeks guidance from the imam (Muslim cleric) to better abide by every tenet of the religion. An extremist imam can use his knowledge of Salafi Islam–and his ability to provide a theological justification for terrorist attacks–to expedite and progress the individual’s level of radicalization (FBI Counterterrorism Division, 2006). Ultimately, the individual will change his
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behaviors and physical appearance to better associate with his new identity (FBI Counterterrorism Division, 2006), giving up gambling, smoking, and drinking; growing facial hair; and wearing traditional Muslim attire (Silber & Bhatt, 2007). See Supplement 1 for further indicators of radicalization. By the end of this stage, the individual is more prone to accept and adopt a radicalized ideology that justifies or supports violence against those whose beliefs are contrary to those of Salafi Islam. He does not, however, yet see himself as an active participant in their jihad (FBI Counterterrorism Division, 2006). Stage 3: Indoctrination During this stage the individual’s religious beliefs become progressively more extreme as he transitions from the ideology of Salafi Islam to that of Global Salafi Jihad. In the past, this evolution was guided almost exclusively by a self-taught, charismatic Islamic leader who provided a distorted perspective of Islam in order to radicalize his followers and create a jihadist mindset (Silber & Bhatt, 2007). Over the past several years, though, cyber-radicalization has supplemented, and in some cases started to replace, face-to-face radicalization (United States Senate Committee
THE FORENSIC EXAMINER® Winter 2011
on Homeland Security and Governmental Affairs, 2008). The individual devotes much of his time to militant Islamist websites and radical online forums, where he connects with like-minded extremists who reinforce and legitimize his beliefs and growing level of commitment to Global Salafi Jihad (United States Senate Committee on Homeland Security and Governmental Affairs, 2008). During this stage the individual and his group often begin proselytizing, preaching the superiority of Salafi Islam and advocating the destruction of Western society (FBI Counterterrorism Division, 2006). As the individual and his fellow members become increasingly cohesive, they progressively adopt the beliefs of the most radical members, becoming more isolated from those outside of the group (Sageman, 2003). During this time of group bonding, members often engage in recreational activities, such as white-water rafting, camping, martial arts training, or firearms practice (Silber & Bhatt, 2007). Paintball games that simulate combat environments are particularly popular; they are used to practice military tactics. These activities help to solidify the group’s cohesiveness and further define the individual’s extremist identity (Silber & Bhatt, 2007; FBI Counterterrorism Division, 2006). As the individual forms his new identity, Global Salafi Jihad becomes more than an ideology; it becomes a personal cause. Worldwide conflicts are viewed as conspiratorial attacks against Islam by nonbelievers, and humanity is perceived as having only two sides: “true” Muslims who strictly follow the tenets of Salafi Islam (“us”), and everyone else (“them”). The individual’s sole purpose becomes the creation of a “pure” global Islamic society, and his “us vs. them” perspective enables him to morally justify jihad in order to achieve that objective (Silber & Bhatt, 2007). As the individual begins to envision the goal of militant jihad, he withdraws from the Salafi mosque that he frequented during the self-identification stage. This withdrawal may be triggered because the individual no longer feels the mosque is radical enough, or fears that continuing to worship at the mosque
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could result in increased surveillance, which would interfere with his terrorist intentions (Silber & Bhatt, 2007). By the end of this stage, the individual has fully accepted the militant viewpoint that justifies, supports, and encourages worldwide violence against all disbelievers of Salafi Islam. He has concluded that his participation in militant jihad is required to further the cause (Silber & Bhatt, 2007).
Supplement 1: Warning Signs of Radicalization Radicalization is at the heart of terrorism. The process can be difficult to detect because it is complicated and changeable. Those who are familiar with an individual who is becoming radicalized, however, will see dramatic modifications in that individual’s personal behaviors. The following changes should act as warning signs (Lajeunesse, 2010):
• Adopting a more religious lifestyle
• Engaging in fundraising activities for
and terminating certain secular behaviors, particularly smoking, drinking, and gambling. • Wearing traditional Muslim attire and praying five times daily. • Expressing criticism toward those who are not living their lives in accordance with the Global Salafi Jihad ideology. • Terminating all associations with family members, friends, or acquaintances who do not abide by the tenets of Global Salafi Jihad. • Withdrawing from the mosque that was frequented in the past, believing that the imam and the Muslims in attendance are not devout (militant) enough. • Increasing online or in-person communication with others who subscribe to the Global Salafi Jihad mindset. • Watching terrorist videos and listening to propaganda-filled audio messages from extremist Islamic leaders. • Adopting strong anti-Western and anti-Semitic views and advocating the belief that the U.S. is at war with Islam.
non-local Islamic charities. • Embracing the notion that women are inferior, avoiding social contact with women, demanding that women wear modest attire and head coverings, and believing that men have the right to beat women. • Advocating for the death of all nonbelievers of the Global Salafi Jihad ideology, including other Muslims who are seen as apostates. • Believing that the only form of government is one that is governed by sharia; all others must be destroyed so that a “pure” Muslim state can be re-established. • Participating in paramilitary exercises with other like-minded extremists. • Expressing a desire to travel overseas to a terrorist region, such as Pakistan, Iraq, Afghanistan, Kashmir, Yemen, or Somalia. • Making vague and suspicious comments before traveling abroad, such as, “I’ll be gone for a while and might not be back,” or “I have something important to do and may not return.”
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Stage 4: Jihadization This is the attack stage, during which the individual sees himself as a mujahid (holy warrior) and becomes involved in the operational planning for jihad. Whether the individual independently searches for opportunities to conduct a terrorist attack or accomplishes this by being part of a collective group, the intent is the same: to kill nonbelievers of Salafi Islam, particularly Americans and their allies, in order to establish a global Muslim state governed by sharia (Silber & Bhatt, 2007). Planning, preparation, and execution of the operational activities can occur quickly, and are sometimes completed in just a few weeks. The individual actively searches the Internet to gather information on potential targets, formulate a mode of attack, obtain instructions for building weapons, receive instructions on military tactics, and find reinforcing spiritual justification for an attack. All the while he maintains contact with other extremists, who encourage and challenge each other’s call to action (United States Senate Committee on Homeland Security and Governmental Affairs, 2008). The individual also receives help from other operatives, particularly group members, as he plans and prepares for an attack. Their assistance may include travel planning, providing false documents, acquiring funds (possibly through fraud, embezzlement, or theft), developing attack plans, conducting surveillance activities, stealing or purchasing material, and developing an explosive device (Silber & Bhatt, 2007; FBI Counterterrorism Division, 2006). Typically the individual, or the leader of the individual’s group, will travel overseas to a training camp that is located in a terrorist region, such as Pakistan, Iraq, Afghanistan,
Source: Lajeunesse, G. C. (2010, September/October). Radicalization in the homeland – the need for community partnership and education. University of Nevada, Las Vegas, Institute for Security Studies. Retrieved January 1, 2011, from http://iss.unlv.edu/Guest%20Columns/guestcolumn-septemberoctober%202010.html
Winter 2011 THE FORENSIC EXAMINER®
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According to the FBI Counterterrorism Division (2006), there are four conversion types: 1. “Faith Reinterpreters” – Muslims who, after a period of introspection and assessment, choose to modify their religious beliefs and follow a more extremist form of Islam. 2. “Protest Converts” – Those whose dispossessions (e.g., ethnic, economic, political, racial, legal, or social deprivations) negatively impact their attitudes and beliefs toward others, and cause them to turn to a more militant religious ideology for explanation and vindication. 3. “Jilted Believers” – Individuals whose dissatisfaction with their current faith leads them to change religious beliefs. 4. “Acceptance Seekers” – Those searching for stronger interpersonal relationships and who find comfort in the solidarity of extremist groups (FBI Counterterrorism Division, 2006).
“Faculty and staff need to recognize the behavioral indicators of radicalization, while avoiding stereotyping or profiling”
Kashmir, Yemen, or Somalia (Silber & Bhatt, 2007). Such travel not only provides the individual with additional exposure to military jihadist tactics, but also reinforces his radicalized mindset and his conviction to die for the cause. Before the attack, the individual may draft a last will and testament or make a video to further strengthen his resolve to commit suicidal jihad and ensure that his death has meaning (Silber & Bhatt, 2007). By the end of this stage, a terrorist attack will occur. The radicalization process and higher education The Global Salafi Jihad movement poses a specific challenge to higher education because some of the individuals who are becoming radicalized are college and university students. In the beginning stages of radicalization, there is no clear-cut, overt indication that these individuals are beginning to develop a jihadist mindset. In fact, they appear to be nothing more than typical, middle-class university students who spend time together in social groups. It is pre-
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Table 1: Locations of MSA Chapters Academic Institution
Location
College of Wooster
Wooster, OH
Arizona State University
Tempe, AZ
Colorado State University
Fort Collins, CO
Baruch College
New York, NY
Columbia University
New York, NY
Berea College
Berea, KY
Drew University
Madison, NJ
Bowling Green State University
Bowling Green, OH
Duke University
Durham, NC
Bradley University
Peoria, IL
East-West University
Chicago, IL
Brandeis University
Waltham, MA
Emory University
Atlanta, GA
Brigham Young University
Provo, UT
Emporia State University
Emporia, KS
Brooklyn College
Brooklyn, NY
Florida Institute of Technology
Melbourne, FL
Florida International University
Miami, FL
Fordham University
Bronx, NY
George Mason University
Fairfax, VA
The George Washington University
Washington, DC
Georgetown University
Washington, DC
Georgia Institute of Technology
Atlanta, GA
Georgia Perimeter College
Alpharetta, GA
Georgia State University
Atlanta, GA
Golden Gate University
San Francisco, CA
Guilford College
Greensboro, NC
Harvard University
Cambridge, MA
Henry Ford Community College
Dearborn, MI
Illinois Institute of Technology
Chicago, IL
Indiana University
Bloomington, IN
Brown University
Providence, RI
Bryn Mawr College
Bryn Mawr, PA
Bucknell University
Lewisburg, PA
California Institute of Technology
Pasadena, CA
California Polytechnic State University
San Luis Obispo, CA
California State Polytechnic University
Pomona, CA
California State University, Long Beach
Long Beach, CA
California State University, Northridge
Northridge, CA
Carnegie Mellon University
Pittsburgh, PA
Case Western Reserve University
Cleveland, OH
Clarkson University
Potsdam, NY
College of DuPage
Glen Ellyn, IL
The College of William & Mary
Williamsburg, VA
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THE FORENSIC EXAMINER® Winter 2011
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cisely this demographic Islamist extremists find so appealing. They refer to these students as “clean skins”—ordinary individuals with U.S. citizenship or residency, with no criminal or terrorist history, who can hold legitimate travel documentation (Straw, 2010; Silber & Bhatt, 2007). Salafi jihadists understand that U.S. law enforcement agencies face legal and constitutional obstacles to monitoring U.S. citizens and that there is greater propaganda value in having U.S. citizens attack their own country (Donalds, 2007). They also understand that intelligent people who are recruited to a cause are more likely to be dedicated to that cause, since injustice and indignity are more powerful motivators than poverty or ignorance (Donalds, 2007). U.S. colleges and universities are filled with intellectually bright, curious, and impressionable students, many of whom already question society’s values in addition to their own personal beliefs (FBI Counterterrorism Division, 2006). It is not uncommon for religious conversions to occur, and in the open
Indiana University Northwest
environment of higher education, radical groups can thrive. Individuals have a tendency to seek out other like-minded individuals with whom to establish a social group (Silber & Bhatt, 2007). For students struggling to understand themselves, their religion, and their place in society, college- and university-based organizations can become forums for conveying radical messages in a way that resonates with the students (Silber & Bhatt, 2007). Perhaps nowhere is this more evident than with the Muslim Students Association (MSA), the largest and most influential Islamic student organization in North America (Investigative Project on Terrorism, 2008). The MSA was established in 1963 at the University of Illinois at Urbana-Champaign. Its founders were members of the Muslim Brotherhood, a “rigidly conservative and highly secretive Egyptian-based organization dedicated to resurrecting true Islamic governance based on sharia law” (Investigative Project on Terrorism, 2008). With its motto, “Allah is our
Gary, IN
objective. The Prophet is our leader. Qur’an is our law. Jihad is our way. Dying in the way of Allah is our highest hope” (Federation of American Scientists, 2010), the Muslim Brotherhood provided the ideological foundation for Global Salafi Jihad. Today, more than 175 MSA chapters exist on U.S. college and university campuses (Table 1). Although the MSA has gained legitimacy on U.S. campuses as a benevolent group dedicated to helping Muslim students advance their faith, in reality, it has promoted extremist Islamist ideologies on college and university campuses throughout North America (Investigative Project on Terrorism, 2008). For example, one book increasingly cited for discussion is Kitab al-Tawhid (The Book of Monotheism), the foundational book for militant Islamist ideology (Silber & Bhatt, 2007). This book was written by Muhammad Ibn Abd al-Wahhab, the 18th century founder of Wahhabism (Encyclopedia of World Biography, 2010). An ultra-conservative orientation within Salafi Islam, Wahhabism is the dominant form of
Chicago, IL
Indiana University-Purdue University at Indianapolis Indianapolis, IN
Northeastern University
Boston, MA
Iowa State University
Ames, IA
Northern Illinois University
DeKalb, IL
Johns Hopkins University
Baltimore, MD
Northwestern University
Evanston, IL
Kansas State University
Manhattan, KS
Oberlin College
Oberlin, OH
Kent State University
Kent, OH
The Ohio State University
Columbus, OH
Lehigh University
Bethlehem, PA
Ohio University
Athens, OH
Long Island University
Brooklyn, NY
Oregon State University
Corvallis, OR
Louisiana Tech University
Ruston, LA
Pennsylvania State University
University Park, PA
Loyola University Chicago
Chicago, IL
Polytechnic University of Puerto Rico
San Juan, PR
Loyola University New Orleans
New Orleans, LA
Princeton University
Princeton, NJ
Massachusetts Institute of Technology
Cambridge, MA
Purdue University
West Lafayette, IN
Miami University
Oxford, OH
Rensselaer Polytechnic Institute
Troy, NY
Michigan State University
East Lansing, MI
Rice University
Houston, TX
Michigan Technological University
Houghton, MI
Rutgers University
Newark, NJ
Middle Tennessee State University
Murfreesboro, TN
Saginaw Valley State University
University Center, MI
Middlebury College
Middlebury, VT
San Joaquin Delta College
Stockton, CA
Midwestern University
Glendale, AZ
San Jose State University
San José, CA
Mississippi State University
Mississippi State, MS
Santa Clara University
Santa Clara, CA
Monroe Community College
Rochester, NY
Southern Illinois University at Carbondale
Carbondale, IL
Montclair State University
Montclair, NJ
Southern Methodist University
Dallas, TX
New Jersey Institute of Technology
Newark, NJ
Stanford University
Stanford, CA
New Mexico State University
Las Cruces, NM
State University of New York at Albany
Albany, NY
North Carolina State University
Raleigh, NC
State University of New York at Buffalo
Buffalo, NY
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Northeastern Illinois University
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▼ Members of the Muslim Student Association pray at Halas Field at Loyola’s Lake Shore campus, MCT PHOTO
Islam in Saudi Arabia (Anonymous, 2010b), and it embraces the ideology of Global Salafi Jihad. Responding to the threat of domestic terrorism U.S. college and university campuses are uniquely open environments where there is a continuous exchange of students (Vest, 2006). This variability in the student population means that the level of extremism on campus can fluctuate over time, and it can be disproportionately affected by the presence of a few like-minded individuals (Department for Innovation, Universities & Skills, 2008). Even one intensely resolute individual can have an impact on the level of extremism at a
THE MUSLIM BROTHERHOOD Egypt’s oldest Islamist organization, the Muslim Brotherhood, has grown into a worldwide Sunni Islamist movement with branches in more than 70 countries. Its stated goal is to create states ruled by Islamic law, or Sharia.
Founded by Hassan al Banna to spread Islamic morals, charitable works; became involved in politics to drive British from Egypt
Dissolved by Egyptian government for attacking British, Jewish interests; accused of assassinating Prime Minister Mahnound al Nuqrashi
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1928
16
Plays supporting role in coup ending colonial rule
1948
1952
State University of New York at New Paltz
New Paltz, NY
University of Colorado at Boulder
Boulder, CO
State University of New York at Stony Brook
Stony Brook, NY
University of Delaware
Newark, DE
Stevens Institute of Technology
Hoboken, NJ
University of Evansville
Evansville, IN
Temple University
Philadelphia, PA
University of Georgia
Athens, GA
Tennessee Tech University
Cookeville, TN
University of Houston
Houston, TX
Texas A&M University
College Station, TX
University of Illinois at Chicago
Chicago, IL
Texas Tech University
Lubbock, TX
University of Illinois at Urbana-Champaign
Urbana, IL
Truman State University
Kirksville, MO
University of Iowa
Iowa City, IA
Tufts University
Medford, MA
University of Kansas
Lawrence, KS
Tulane University
New Orleans, LA
University of Kentucky
Lexington, KY
University of Akron
Akron, OH
University of Louisville
Louisville, KY
University of Alabama at Birmingham
Birmingham, AL
University of Maryland, College Park
College Park, MD
University of Alabama at Huntsville
Huntsville, AL
University of Massachusetts/Amherst
Amherst, MA
University of Alaska at Fairbanks
Fairbanks, AK
University of Michigan-Ann Arbor
Ann Arbor, MI
University of Arizona
Tucson, AZ
University of Michigan-Dearborn
Dearborn, MI
University of Arkansas
Fayetteville, AR
University of Minnesota
Minneapolis, MN
University of California, Berkeley
Berkeley, CA
The University of Mississippi
Oxford, MS
University of California, Irvine
Irvine, CA
University of Missouri-Columbia
Columbia, MO
University of California, Los Angeles
Los Angeles, CA
University of Missouri-Kansas City
Kansas City, MO
University of California, Riverside
Riverside, CA
University of Missouri-St. Louis
St. Louis, MO
University of California, San Diego
San Diego, CA
University of Nebraska-Lincoln
Lincoln, NE
University of Chicago
Chicago, IL
University of Nebraska at Omaha
Omaha, NE
University of Cincinnati
Cincinnati, OH
University of New Hampshire
Durham, NH
THE FORENSIC EXAMINER® Winter 2011
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particular college or university (Department for Innovation, Universities & Skills, 2008). In this milieu, there unquestionably are small groups of college and university students who are becoming radicalized in the United States. The academic community can address the threat of radicalization on our campuses in the following ways: Promote and reinforce the values of openness, free debate, and inquiry (Department for Innovation, Universities & Skills, 2008). One of the most distinguishing characteristics of the academic environment is its inherent openness to the exploration of diverse ideas. The ability to debate, discuss, and directly challenge ideas is essential to higher education. By providing an open and vibrant environ-
ment for intellectually rigorous and thoughtprovoking dialogue, academic institutions can provide a setting where individuals can challenge those who espouse militant extremism (Department for Innovation, Universities & Skills, 2008). Actions that are contradictory to the values of higher education, such as actively policing students or aggressively censoring student activities, will likely cause those who are considering jihad to conceal their actions earlier, making it even harder to detect an impending domestic terrorist attack (Straw, 2010; Sims, 2007). Promoting intellectual inquiry and debate is a responsibility of academic administrators, faculty, and staff. To this end, every U.S. college and university should have well publicized
Banned after failed attempt to assassinate President Gamal Abdul Nasser; grows underground
Writings of one prominent member, Sayyid Qutb, who advocated jihad (struggle), inspire founding of radical groups, including Islamic Jihad and al Qaeda
Tries to rejoin political mainstream, forming alliances with major political parties, wins seats in parliament
1954
1964
1980s
and readily accessible policies and procedures that enforce an acceptable code of conduct and address the right of free speech in a variety of settings, including public forums, demonstrations, and protests. Break down the separation between different student groups (Department for Innovation, Universities & Skills, 2008). The danger in allowing segregated communities to develop on campus is that in such an environment, existing attitudes and beliefs of the group members tend to be reinforced so that there is little opportunity for dissent, independent thought, or the attenuation of radical preconceptions (Department for Innovation, Universities & Skills, 2008). Academic institutions can combat radicalization and create
Wins 20 percent of seats, leading President Hoani Mubarak to have the constitution rewritten, banning religious political parties
2005
Brotherhood-aligned candidates win no parliamentary seats, leading to accusations of fraud, a basis for the current protests
2010
Albuquerque, NM
University of West Florida
Pensacola, FL
University of New Orleans
New Orleans, LA
University of Wisconsin-Eau Claire
Eau Claire, WI
University of North Carolina at Chapel Hill
Chapel Hill, NC
University of Wisconsin-La Crosse
La Crosse, WI
University of North Florida
Jacksonville, FL
University of Wisconsin-Madison
Madison, WI
University of North Texas
Denton, TX
University of Wyoming
Laramie, WY
University of Northern Iowa
Cedar Falls, IA
Vanderbilt University
Nashville, TN
University of Oklahoma
Norman, OK
Villanova University
Villanova, PA
University of Pennsylvania
Philadelphia, PA
Virginia Commonwealth University
Richmond, VA
University of Rhode Island
Kingston, RI
Virginia Polytechnic Institute and State University Blacksburg, VA
University of Rochester
Rochester, NY
Washburn University
Topeka, KS
University of South Alabama
Mobile, AL
Washington University in St. Louis
St. Louis, MO
University of South Carolina
Columbia, SC
Wayne State University
Detroit, MI
University of South Florida
Tampa, FL
Weber State University
Ogden, UT
University of Southern California
Los Angeles, CA
Wellesley College
Wellesley, MA
The University of Tennessee-Knoxville
Knoxville, TN
West Virginia University
Morgantown, WV
The University of Texas at Austin
Austin, TX
Western Michigan University
Kalamazoo, MI
The University of Texas at Dallas
Richardson, TX
Western Washington University
Bellingham, WA
University of the Pacific
Stockton, CA
Wichita State University
Wichita, KS
University of Toledo
Toledo, OH
Worcester Polytechnic Institute
Worcester, MA
The University of Tulsa
Tulsa, OK
Yale University
New Haven, CT
The University of Utah
Salt Lake City, UT
University of Virginia
Charlottesville, VA
University of Washington
Seattle, WA
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University of New Mexico
Anonymous. (2010a). Muslim Students’ Association. Retrieved October 20, 2010 from http://www.msanational.org/resources/msawebsites.html
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opportunities for interfaith and intercultural dialogue by encouraging students to become involved in activities that promote interactions between different groups, such as campus arts events and community volunteer activities (Department for Innovation, Universities & Skills, 2008). College and university administrators need to balance all requests for separate facilities from religious and cultural groups against the need for an integrated campus community (Department for Innovation, Universities & Skills, 2008). Ensure that all personnel are aware of their roles in preventing violent extremism (Department for Innovation, Universities & Skills, 2008). Faculty and staff need to recognize the behavioral indicators of radicalization, while avoiding stereotyping or profiling (Straw, 2010). Those indicators, described above in the self-identification, indoctrination, and jihadization stages, become increasingly apparent during the radicalization process. Common sense is an effective benchmark: any non-normative behaviors, such as advocating violence as an acceptable course of action (Straw, 2010), should be reported to college or university administrators, and if necessary, to law enforcement. This means that faculty and staff must have the confidence to report suspicious behaviors to administrators at the institution, and the academic institution must have the processes in place and the willingness to get that information to the police (Department for Innovation, Universities & Skills, 2008). A partnership should exist between an academic institution and the local police. Law enforcement can offer support and guidance in developing incident response strategies and procedures, and can also offer training to help faculty and staff recognize and respond to potentially violent extremist behaviors (Department for Innovation, Universities & Skills, 2008). Conclusion The security of our nation is impacted by our ability to recognize and respond to the radicalization process. The pace of those becoming radicalized to the Global Salafi Jihad ideology has accelerated, and the average age of the participants is consistent with that of traditional college and university students. The academic community plays an important role in identifying and responding to the warning signs of radicalization. The values of
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higher education—to share ideas, to encourage open debate and discussion, and to engage in constructive disagreement—are what enable us to try to logically persuade those who espouse the extremist ideologies that are the enemies of rational thought (Department for Innovation, Universities & Skills, 2008). n
terrorist threat. Retrieved June 3, 2010, from http:// hsgac.senate.gov/public/_files/IslamistReport.pdf Vest, C. M. (2006, June). Openness and globalization in higher education: The age of the Internet, terrorism, and opportunity. Center for Studies in Higher Education, University of California, Berkeley. Retrieved May 3, 2010, from http://cshe.berkeley.edu/publications/ docs/ROP.Vest.Openness.7.06.pdf
References
ABOUT THE AUTHOR
Anonymous. (2010a). Muslim Students’ Association. Retrieved October 30, 2010, from http://www.msanational.org/resources/msawebsites.html Anonymous. (2010b). Wahhabi. Retrieved June 5, 2010, from http://en.wikipedia.org/wiki/Wahhabi Department for Innovation, Universities & Skills. (2008, January). Promoting good campus relations, fostering shared values and preventing violent extremism in universities and higher education colleges. Retrieved December 15, 2010, from http://www.bis.gov.uk/assets/biscore/corporate/migratedd/publications/e/extremismhe.pdf Donalds, T. J. (2007, March 30). Radical Islam in Britain: Implications for the war on terrorism. Defense Technical Information Center. Retrieved May 20, 2010, from http://www.dtic.mil/cgi-bin/GetTRDoc?Location=U 2&doc=GetTRDoc.pdf&AD=ADA467202 Encyclopedia of World Biography. (2010). Muhammad Ibn Abd al-Wahhab. Retrieved June 5, 2010, from http:// notablebiographies.com/supp/Supplement-A-Bu-andObituaries/Ibn-Abd-al-Wahhab-Muhammad.html FBI Counterterrorism Division. (2006, May 10). The radicalization process: From conversion to jihad. Federal Bureau of Investigation Intelligence Assessment. Retrieved March 17, 2010, from http://cryptome.org/fbi-jihad.pdf Federation of American Scientists. (2010). Muslim Brotherhood. Retrieved June 4, 2010, from http://www.fas. org/irp/world/para/mb.htm Investigative Project on Terrorism. (2008). Muslim Students Association dossier. Retrieved June 3, 2010, from http://www.investigativeproject.org/documents/ misc/84.pdf Lajeunesse, G. C. (2010, September/October). Radicalization in the homeland – the need for community partnership and education. University of Nevada, Las Vegas, Institute for Security Studies. Retrieved January 1, 2011, from http://iss.unlv.edu/Guest%20Columns/ guestcolumn-septemberoctober%202010.html Sageman, M. (2003, July 9). The global salafi jihad. Statement of Marc Sageman to the National Commission on Terrorist Attacks upon the United States. Retrieved June 1, 2010, from http://www.globalsecurity.org/security/library/congress/9-11_commission/030709-sageman.htm Silber, M. & Bhatt, A. (2007). Radicalization in the west: The homegrown threat. Retrieved May 14, 2010, from http://www.nyc.gov/html/nypd/downloads/pdf/public_information/NYPD_Report-Radicalization_in_ the_West.pdf Sims, P. (2007, September/October). Degrees of separation. New Humanist. Retrieved May 31, 2010, from http://newhumanist.org.uk/1573/degrees-of-separation Straw, J. (2010, April). The evolving terrorist threat. Security Management, 54(4), 46-55. United States Senate Committee on Homeland Security and Governmental Affairs. (2008, May 8). Violent Islamist extremism, the Internet, and the homegrown
Marie Wright, Ph.D., CHS-V is a Professor of Management Information Systems at Western Connecticut State University. She received her Ph.D. in Information and Control Systems from the University of Massachusetts, Amherst. She has authored more than three dozen articles on information systems security, published in journals such as Computer Fraud & Security, Computers & Society, Data Security Management, The Forensic Examiner, Network Security, and Review of Business, and she is the co-author of Information Security: Contemporary Cases (Jones and Bartlett Publishers, 2007). She is a member of the American College of Forensic Examiners International, American Board of Information Security and Computer Forensics, American Society for Industrial Security, Association for Computing Machinery, Beta Gamma Sigma National Honor Society, Computer Security Institute, Information Systems Security Association, InfraGard Connecticut, and the Institute for Electrical and Electronics Engineers.
CERTIFIED NATIONAL THREAT ANALYST (CNTA) Learn from terrorism experts today and become a Certified National Threat Analyst, CNTA, where professionals will be taught the intricacies of the terror network. For more information on the program, see the “Timeline of Terrorism” foldout in this issue, or call (877) 219-2519.
FEATURE
WWW.ACFEI.COM • (800) 592-1399
By Josh K. Roberts
nternet defamation Defending Your Name
Typically, the elements of a cause of action for defamation include 1. A false and defamatory statement concerning another 2. The unprivileged publication of the statement to a third party (somebody other than the person defamed by the statement) 3. Damage to the plaintiff Initially, a statement must be both false and defamatory. If “A” states that “B” has red hair, when in fact “B” has brown hair, the statement is false, but absent other facts, not defamatory. Likewise, if “A” states that “B” is a criminal, when in fact “B” did rob a bank, then the statement, while defamatory, is not false.
Therefore, making the “truth” an absolute defense to any cause of action for defamation. Second, in the context of defamation law, a statement is “published” when it is made to a third party. That term does not mean that the statement has to be in print; therefore, if “A” says to “B” that “A” believes “B” stole from the collection plate at church, that statement does not give rise to a cause of action for defamation as it was never “published” to a third party. Finally, the Plaintiff must have been damaged. Damages are typically to the reputation of the Plaintiff, but depending upon the laws of the jurisdiction, it may be enough to simply establish mental anguish. Most jurisdictions also recognize “per se” defamation, where
certain allegations are automatically presumed to cause damage to the Plaintiff. Typically, the following may constitute defamation per se: • Attacks on a person’s professional character or standing • Allegations that an unmarried person is unchaste • Allegations that a person is infected with a sexually transmitted disease • Allegations that the person has committed a crime of moral turpitude Regardless of the nature of the communication, coming up with a numerical value to quantify the damage is difficult in every defamation case where actual monetary loss is negligible, speculative, or impossible to determine.
Winter 2011 THE FORENSIC EXAMINER®
FEATURE
reedom of speech is one of the fundamental rights of an American citizen. That liberty is not unchecked, however, as there are numerous laws against unbridled free speech. The laws prohibiting defamation are one such example. Generally speaking, defamation is the issuance of a false statement about another that causes that person or entity to suffer harm. Slander involves the making of defamatory statements usually by an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as in a magazine or newspaper. Today, most courts treat both forms of defamation the same.
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Defenses to Defamation
FEATURE
While actions for defamation have their roots in common law, most jurisdictions have now enacted statutes which provide defenses to defamation actions. Depending upon the circumstance, they may change the elements of the cause of action, limit when an action may be filed, or create affirmative defenses to an action for defamation.
Public Figures In 1964, the U.S. Supreme Court in New York Times v. Sullivan added additional requirements where a public figure attempts to bring an action for defamation. The public figure must also prove that the statement was made with “actual malice,” meaning that the person making the statement knew the statement to be false or issued the statement with reckless disregard as to its truth. Many a celebrity has sued a media outlet over defamatory allegations of conduct, and often the story did include false statements, but unless the court finds that the speaker acted with “actual malice,” it will not award damages. The concept of a “public figure” is broader than just celebrities and politicians. A person can become an “involuntary public figure” as the result of publicity, even though that person did not want or invite the public attention. For example, people accused of high profile crimes may be unable to pursue actions for defamation even after their innocence is established, on the basis that the notoriety associated with the case and the accusations against them turned them into involuntary public figures. A person can also become a “limited public figure” by engaging in actions which generate publicity within a narrow area of interest. For example, if a person makes a comment to a public media outlet regarding a specific issue, say a city’s proposed tax increase, they may be determined to be a limited public figure relative to later comments made by others about said person on the same issue.
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As previously recited, the most popular defense to an action for defamation is that the statement was the “truth”, which is an absolute defense to any action for defamation. Another defense to a defamation action is “privilege.” Free expression in certain forums is considered so important that almost any statement is privileged from prosecution. For example, statements made by witnesses in court, arguments made in court by lawyers, statements by legislators on the floor of the congress, or by judges in the courtroom, are ordinarily privileged and cannot support a cause of action for defamation no matter how false or outrageous. Another defense recognized in most jurisdictions is that the statement was merely an “opinion.” If a person makes a statement of opinion, as opposed to fact, the statement may not support a cause of action for defamation.
The Evolution of Defamation in the U.S. While the law in America relating to defamatory statements has gradually evolved over the years, the mediums by which defamatory statements are disseminated has changed rapidly with the advent of the Internet. Decreasing are the days of defamation by print and television media where the defamatory comment is viewed only by the limited audience of that medium’s circulation. These mediums have been replaced by communications via web pages that stay posted for virtually limitless periods of time to be viewed anew each day by any reader who happens to use any one of the free, yet remarkably sophisticated, internet search engines. Further, with the advent of Internet social networking sites and smart phones, a defamatory statement can not only be sent instantaneously to the very people that you would least want reading it, but the audience does not have to even seek the information as it comes directly to them via their smartphone. The Internet has spawned a new brand of high-tech lynching via Internet defamation that the law has not only failed to keep up with, but has actually protected. As opposed to print or television media, who often perform at least cursory fact-checking as they can be held liable for defamatory material they publish, Internet blog and service providers (“ISP”) have been provided a statutory defense anointing them immune from damages for defamatory material that may be published via their Internet site. Section 230 of the Communications Decency Act of 1996 is a landmark piece of
Internet legislation in the United States. 47 U.S.C. § 230(c)(1) provides immunity from liability for providers of “interactive computer services” who publish information provided by others, stating: “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.” The justification for the legislation is that the amount of information communicated via interactive computer services is staggering. It would be impossible for service providers to screen each of the millions of postings for possible defamatory statements. If faced with potential liability for each message posted on their message boards, interactive computer service providers might choose to severely restrict the number and type of messages posted. Congress considered the free speech implications and chose to immunize service providers to avoid any such restrictive effect. Thus, the legislation provides blanket immunity to ISPs for defamatory statements posted on their webpages by Internet authors. The problem with the law is that with the anonymity of the Internet, in practice, it extends this immunity to the makers of the defamatory statement as well. To post on an Internet message board, it usually takes little more than an e-mail account. Thus, an Internet writer can post comments without directly identifying themselves or can falsely identify themselves via any number of free email account services. Further, while a more sophisticated investigation can reveal the identity of the computer from which