Given the brazen nature of the surveillance, harassment, and coercion that I have described in previous posts and across this website, the obvious question is why victims do not seek legal assistance. The short answer is that they often try. However, for several reasons I will elaborate in this and future posts, it often proves difficult to get legal recourse. These reasons include the following:

  • By design, surveillance programs take advantage of legal loopholes and blind spots
  • It can be hard to prove that surveillance and harassment is taking place
  • Lawyers are reluctant to take difficult cases when they already have a high case load
  • Law enforcement is reluctant to get involved
  • The law is still catching up to the use of new technologies

In the next five articles, beginning with this one, I will explore each of the five reasons legal action can be difficult and provide some simple advice to avoid major issues.

By design, surveillance programs take advantage of legal loopholes and blind spots

Bribery and corruption are a weapon of choice in dissuading victims from taking legal action. The most straight forward case is when the victim is persuaded to take an under the table payment instead of going through a formal process. Once they take the payment, the surveillance, harassment, and coercion begin as the employer retaliates and tries to keep the matter under wraps in the long term. Many lawyers will inquire upfront if any payment was received in relation to the dispute and will refuse to take cases in which surveillance and harassment occurs after a payment is received. Another facet of bribery and corruption involves payments made to witnesses who might otherwise provide the support necessary to initiate legal action. Lawyers will often refuse to take cases in which the victim fails to furnish sufficient witnesses. Lastly, payments are made to friends, family, and other close associates of the victim to uncover compromising information that is used to blackmail victims into silence.

Another key aspect of the legal system that surveillance programs are designed to manipulate is that timing is everything in most cases. Disputes are often governed by tight statutes of limitations. Also, it tends to become harder to prove things the further back they occur. Surveillance programs are designed to take full advantage of this fact. One way in which they do this is by taking advantage of HRs perceived responsibility in investigating offenses and facilitating solutions. Using communications back channels, HR reaches out to victims with assurances that they are aware of the issue and are working on a resolution. They even go as far as giving timelines and expected restitution. Furthermore, bribes are often paid to trusted members of a victim’s inner circle to win their loyalty so that they persuade the victim to trust the process. Once HR gains the victim’s trust, they begin to drag the matter out by persuading the victim to forgo conventional legal options while they work on the problem. Most victims, being unaware of the exact timelines for seeking legal assistance, miss key deadlines making it less likely they can successfully pursue legal action.

Considering these tactics, victims should seek legal advice as soon as they begin to encounter problems. This will ensure their situation is handled professionally as it evolves, and they have firm legal guidance to help them navigate the problem. If a payoff is agreed upon, having a lawyer present will increase the likelihood that the agreement protects the victim’s rights in the future. Furthermore, the victim will be made aware of all the arcane legal principles governing the dispute, including the timing of various things and who to talk to within those timelines. However powerful, this approach does not solve the problem I will be discussing in the next article. That it can be hard to prove the surveillance and harassment is taking place.

Similar Posts

Leave a Reply

Your email address will not be published. Required fields are marked *