On July 17, 2014, Malaysia Airlines Flight 17 (MH17) was shot down over eastern Ukraine. The attack occurred in an area controlled by pro-Russian separatists and seemed the result of a surface-to-air missile. Everyone on board was killed.
The event triggered public outrage and an international season of the blame game. Western Europe, led by the U.S. and Ukraine, pointed fingers at Russia, while Russia tried to pin the blame on Ukraine, going so far as to claim a Ukrainian military jet tailed the commercial aircraft immediately before the disaster.
Later that year, an investigative team put out a report linking the pro-Russian separatists to the Buk-M1 missile launcher likely responsible for the tragedy. The team compiled photos, satellite imagery, and video evidence to follow a missile transport from Donetsk to Snizhne immediately before the downing of the aircraft. They then confirmed the transport leaving the area later, sans one missile.
This report was not filed by an NGO or a legacy news organization like the New York Times or Wall Street Journal, nor did the team have access to insider or classified information. Its authors were a small, independent collective of researchers and citizen journalists called Bellingcat, and their information came from social media posts, Google Maps satellite imagery, and videos uploaded to YouTube. In other words, the facts were out in the open for anyone to see. Bellingcat simply knew where to look.
Following the data
Dutch Safety Board Chairman Tjibbe Joustra speaks in front of the MH17 wreckage to present its final report into the attack.
Credit: Emmanuel Dunand/AFP via Getty Images
Bellingcat was founded by Eliot Higgins, a citizen journalist who gained online prominence investigating weapons smuggling during the Syrian war. The collective's report into the MH17 attack would serve as its breakthrough, and it would continue to improve our understanding of the tragic event and countering Russian disinformation.
Since then, Bellingcat has legally registered as a foundation in the Netherlands and has continued to unearth consequential details to some of the most important news stories of the last decade, including the Syrian War, the Christchurch mosque massacre, and the poisonings of Yulia Skripal and Alexei Navalny.
The foundation's model of journalism is known as "open-source investigation." According to Aric Toler, Bellingcat's director of research and training, it's less an overturning of investigative journalism than a "genre" within it. This type of investigation follows digital data trails that are freely available on the internet. The bread crumbs could be found in public records, media reports, photos on Twitter, or people silly enough to upload a video of themselves committing a crime on Parler.
"Bellingcat's rise reveals something new about our digitally mediated times: spying is no longer the preserve of nation states – anyone with an internet connection can do it. The balance between open and secret intelligence is shifting. The most useful stuff is often public," writes Luke Harding for the Guardian.
The vast amount of data available online allows Bellingcat's researchers to piece together timelines or connect seemingly disparate events to reveal their connective, underlying thread. In its investigation into the shooting of Ashli Babbitt, researchers created a timeline of radicalization through her social-media footprint; they also mapped her journey during the Capitol Riot by locating videos showing her in the crowd and comparing background details to publicly available floorplans of the U.S. Capitol Building.
Like a fussy math teacher, the foundation employs a "show-your-work approach" to maintain credibility, transparency, and back-of-the-book peeking. Each article or report meticulously presents its data points through links and images, building the trail of evidence crumb-by-crumb. By the end, readers have seen the same evidence as the researcher and can decide whether said evidence supports the researcher's conclusions.
Aware such evidence can sometimes vanish—either by the people who upload it or corporations fretting over public relations—Bellingcat has also gone to great lengths to archive and back up important data before they are lost.
Balancing clarity and caution
While today Bellingcat employs a small team of journalists and editors, it still relies on volunteers and citizen journalists willing to dedicate the time and effort to scrape the internet for leads.
This, Toler told us in our interview, is an advantage to Bellingcat's investigative methods. While traditional news outlets contend with shrinking budgets, less personnel, and more information to wrangle than ever, they simply lack the resources necessary to explore the deluge of data we call the internet. Conversely, Bellingcat can overcome these barriers by tapping into a pre-existing group of enthusiasts who thrive on a sense of devotion, interest, and personal satisfaction. And the more people who team up to solve a problem, the lighter the work becomes.
But there are challenges. "It's a double-edged sword. On the one hand, you have a clear gap in information. It's just not feasible for large outlets to cover this stuff to the degree it should be. But also, the people who do have time and do it, there's not as much responsibility on them, and who knows what they could do that causes harm," Toler said.
Consider the open-sourced nature of the evidence. Bellingcat's show-your-work approach is necessary for clarity and transparency, but it also creates a set of instructions for those looking to duplicate the formula. While Bellingcat maintains the guidelines of a traditional newsroom, others may not and bad actors could locate information Bellingcat deemed sensitive enough to redact and use it to harm others by, say, doxing.
"There's really no good solution because you can't control what the mob does. If someone is angry, they can dig into this stuff because it is open source, and if you give the transparency of how you got your stuff, then you can't avoid the fact that it can then be reproduced and found," Toler said.
Because of this, Bellingcat hopes to serve as a type of intermediary. Like a traditional newsroom, it vets its sources, sets up fail-safes to catch misinformation, and writes its reports to protect bystanders and prevent libel. It hopes these practices will serve as an example for citizen journalists to emulate. On the obverse, it aims to show established news outlets the power and reach of open-sourced investigative techniques and these online communities.
Recently, Bellingcat has worked to investigate the Jan.6 Capitol Riots.
Credit: Spencer Platt/Getty Images
Looking to the larger media landscape, Bellingcat doesn't see itself in competition with traditional news media. It views its position as one of cooperation. The foundation has worked with several news partners to investigate stories and promote its work, such as sharing the findings of its Riley June Williams investigation with NBC.
It also offers training workshops to teach open-source investigation. These are not only attended by journalists wishing to hone their skills but professionals like lawyers and finance managers looking to add these techniques to their trades. Because the foundation sees its methods as an extension of investigative journalism, not a replacement for it, it isn't looking to corner a market. Rather, it aims to evolve a profession to meet the challenges of its new 21st-century environment.
As Toler told us: "Journalism doesn't work one way or the other. It should be both. Do some open-source sleuthing to compliment and boost your on-the-ground reporting.
"Our gospel of open source, we're trying to spread that as much as we can. We want to make this a very mainstream part of traditional news. If we're made obsolete, that's a good thing because we'd like for more traditional news outlets to be doing digital investigation and verification work."
What is FOSTA-SESTA?
SESTA (Stop Enabling Sex Traffickers Act) and FOSTA (Allow States and Victims to Fight Online Sex Trafficking Act) were signed into law by former President Trump in 2018. There was some argument that this law may be unconstitutional as it could potentially violate the first amendment. A criminal defense lawyer explains this law in-depth in this video.
What did FOSTA-SESTA aim to accomplish?
The idea behind the law was simple: make it more difficult for online sex traffickers to find victims. FOSTA-SESTA started as two separate bills that were both created with a singular goal: curb online sex trafficking. Targeting websites like Backpage and Craigslist, where sex workers would often arrange meetings with their clientele, FOSTA-SESTA aimed to stop the illegal sex-trafficking activity being conducted online. While the aim of FOSTA-SESTA was to keep people safer, these laws have garnered international speculation and have become quite controversial.
According to BusinessWire, many people are in support of this bill, including the National Center for Missing and Exploited Children and World Without Exploitation (WorldWE).
"With the growth of the Internet, human trafficking that once happened mainly on street corners has largely shifted online. According to the National Center for Missing & Exploited Children, 73 percent of the 10,000 child sex trafficking reports it receives from the public each year involve ads on the website Backpage.com."
As soon as this bill was signed into law, websites where sex workers often vetted and arranged meetings with their clients could now be held liable for the actions of the millions of people that used their sites. This meant websites could be prosecuted if they engaged in "the promotion or facilitation of prostitution" or "facilitate traffickers in advertising the sale of unlawful sex acts with sex trafficking victims."
The bill's effects were felt around the world — from Canadians being unhappy with the impact of this American bill to U.K. politicians considering the implementation of similar laws in the future.
Heather Jarvis, the program coordinator of the Safe Harbour Outreach Project (SHOP), which supports sex workers in the St. John's area, explained to CBC in an interview that the American bill is impacting everyone, everywhere: "When laws impact the internet — the internet is often borderless — it often expands across different countries. So although these are laws in the United States, what we've seen is they've been shutting down websites in Canada and other countries as well."
Jarvis suggests in her interview that instead of doing what they aimed to do with the bill and improving the safety of victims of sex trafficking or sexual exploitation, the website shutdowns are actually making sex workers less safe.
While one U.K. publication refers to FOSTA-SESTA as "well-intentioned but ultimately deeply-flawed laws," it also mentions that politicians in the United Kingdom are hoping to pursue similar laws in the near future.
Has FOSTA-SESTA done more harm than good?
Is this really going to help, or is this bill simply pushing sex work and sex-related content further into the dark?
Credit: Евгений Вершинин on Adobe Stock
While supporters of this bill have framed FOSTA-SESTA as a vital tool that could prevent sex trafficking and allow sex trafficking survivors to sue those websites for facilitating their victimization, many other people are strictly against the bill and hope it will be reversed.
One of the biggest problems many people have with this bill is that it forces sex workers into an even more dangerous situation, which is quite the opposite of what the bill had intended to do.
According to Globe and Mail, there has been an upswing in pimps sending sex workers messages that promise work - which puts sex workers on the losing end of a skewed power-dynamic, when before they could attempt to safely arrange their own meetings online.
How dangerous was online sex work before FOSTA-SESTA?
The University of Leicester Department of Criminology conducted an online survey that focused on the relative safety of internet-based sex work compared with outdoor sex work. According to the results, 91.6 percent of participants had not experienced a burglary in the past 5 years, 84.4 percent had not experienced physical assault in the same period, and only 5 percent had experienced physical assault in the last 12 months.
PivotLegal expresses concerns about this: "It is resoundingly clear, both from personal testimony and data, that attacking online sex work is an assault on the health and safety of people in the real world. In a darkly ironic twist, SESTA/FOSTA, legislation aimed at protecting victims of and preventing human trafficking for the purposes of sexual exploitation, will do the exact opposite."
Websites are also being hypervigilant (and censoring more content than needed) because they can't possibly police every single user's activity on their platform.
Passing this bill meant any website (not just the ones that are commonly used by sex traffickers) could be held liable for their user's posts. Naturally, this saw a general "tightening of the belt" when it came to what was allowed on various platforms. In late 2018, shortly after the FOSTA-SESTA bill was passed, companies like Facebook slowly began to alter their terms and conditions to protect themselves.
Facebook notably added sections that express prohibited certain sexual content and messages:
"Content that includes an implicit invitation for sexual intercourse, which can be described as naming a sexual act and other suggestive elements including (but not limited to):
– vague suggestive statements such as: 'looking forward to an enjoyable evening'
– sexual use of language […]
– content (self-made, digital or existing) that possibly portrays explicit sexual acts or a suggestively positioned person/suggestively positioned persons."
Additionally, sections like this were also added, prohibiting things that could allude to sexual activity:
"Content in which other acts committed by adults are requested or offered, such as:
– commercial pornography
– partners that share fetishes or sexual interests"
Facebook wasn't the only website to crack down on their policies — the Craigslist classifieds section being removed and Reddit banned quite a large number of sex-worker related subreddits.
Is FOSTA-SESTA really helpful?
This is the question many people are facing with the FOSTA-SESTA acts being passed just a few years ago. Is this really going to help, or is this bill simply pushing sex work and sex-related content further into the dark? Opinions seem to be split down the middle on this — what do you think?
